When must I consult workers on health and safety?

So far as is reasonably practicable, a PCBU must consult workers who carry out work and who are, or are likely to be, directly affected by a work health and safety matter (s47 of the model WHS Act). Section 49 lists the situations that always require consultation: identifying hazards and assessing risks; deciding how to eliminate or minimise risks; deciding on the adequacy of facilities for workers' welfare; proposing changes that may affect health or safety; and deciding the procedures for consultation, for monitoring health or conditions, for providing information and training, or for resolving WHS issues. Consultation is an ongoing duty, not a one-off.

What counts as consultation under the WHS Act?

Section 48 sets out four steps. You must share relevant information about the matter with the affected workers; give them a reasonable opportunity to express their views and contribute to the decision; take those views into account before you decide; and advise the workers of the outcome in a timely way. Consultation must be genuine — it is a two-way process, not a notification.

Do I have to involve the health and safety representative?

Yes. If the affected workers are represented by a health and safety representative (HSR), your consultation must involve that HSR (s48(2) of the model WHS Act). Consulting the workers directly without involving their elected HSR does not satisfy the duty.

Is it enough to just tell my workers about a safety change?

No. Telling workers after a decision is made is not consultation. Section 48 requires you to give workers a reasonable opportunity to express their views and contribute before you decide, and to take those views into account. An announcement, a memo, or a sign-off sheet on its own does not meet the duty — the process has to be genuine and two-way.

Does Victoria have the same consultation duty?

The wording differs. The model WHS Act (ss47-49) applies in NSW, Queensland, South Australia, Tasmania, the ACT, the NT and the Commonwealth, and Western Australia has equivalent duties in the Work Health and Safety Act 2020 (WA). Victoria is not part of the harmonised scheme — its consultation duties sit in the Occupational Health and Safety Act 2004 (Vic) (ss35-36), which require employers to consult, so far as reasonably practicable, with employees and any HSRs on matters that may directly affect their health or safety. The principle is similar but check your state's equivalent.

WHS Consultation Duty Checker

Check when and how you must consult workers on health and safety under the WHS Act — the triggers, who to consult, and how.

Last verified: 21 June 2026

So far as is reasonably practicable, a PCBU must consult workers who are directly affected by a work health and safety matter (s47). Section 49 lists when consultation is always required — identifying hazards and assessing risks, deciding how to control them, welfare facilities, proposed changes, and the procedures for consultation, monitoring, information and training, and resolving issues. Section 48 sets out how: share information, give a reasonable opportunity to contribute, take views into account, and advise the outcome — and involve the HSR if workers have one. Pick your situation to see your duty.

Do you have to consult workers on this safety matter?

Pick the situation you are in to see whether you must consult workers under the model Work Health and Safety Act, how to do it properly, and whether a health and safety representative must be involved. This is general guidance — confirm the law that applies in your state.

1. What is the situation?

Select a situation above to see whether you must consult and how.

Next: run the WHS Quick Check for your industry and state, or visit the Safety Hub for the full WHS tool set.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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