Under Section 13 of the OHS Act 2000 an employer has a “duty to consult with employees” about health, safety and welfare matters that affect them at work. Consultation may take place through any one or more of the following means:

• an OHS committee (note that there may be more than one committee);
• OHS representatives; and
• other arrangements agreed by the employer and the employees (see Section 16 of the OHS Act 2000).

An employer must consult with employees about the method of consultation to be used.

An OHS committee must be established if the employer has 20 or more employees and the majority of employees make such a request.

An OHS representative must be elected if at least one employee makes such a request