Safety Matters - Rail, Tram and Bus Union of NSW

OHS Consultation Code of Practice
The OHS Consultation Code of Practice is a practical guide for meeting the
duty to consult requirements set out in the Act and Regulation.
The OHS Consultation Code of Practice references relevant sections of the Act
and Regulation as they arise and includes:
• instruction on the provisions of the Act and the Regulation
• practical guidance and tools to assist industry to implement and maintain
meaningful and effective consultative arrangements
• several case studies highlighting how various workplaces undertake
consultation about health and safety.
Duty to Consult
Division 2 – Section 13 of the OHS Act states that an employer
‘must consult, in accordance with this Division, with the employees
of the employer to enable the employees to contribute to the making
of decisions affecting theirhealth, safety and welfare at work’.
It is essential that employees be given opportunities for genuine participation in
decision-making about all aspects and issues concerning OHS in the workplace.
Consultation is not only a legal requirement. It is also an essential way to
identify hazards and other OHS issues experienced by employees. Employees
are often the ones working with the greatest risks therefore they can often
provide valuable advice about possible solutions.
The maximum penalties for an offence against an employer’s duty to consult
range from 250 penalty points in the case of an individual to 750 penalty points
for a corporation.
BACK TO CONTENTS
Safety Matters A Guide for Workplace OHS Representatives
SECTION TWO
RAIL
TRAM AND BUS
31
Monitoring OHS Programs and Procedures
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