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What are the legislative requirements for workplace consultation?
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The requirements for consultation are introduced by object (d) of the Occupational Health and Safety Act 2000 ( OHS Act 2000): - ‘to provide for consultation and cooperation between employers and employees in achieving the objects of this Act.’
The legal requirements for consultation in NSW workplaces are provided in the following legislation: - OHS Act 2000 Part 2, Division 2, sections 13–19
- Occupational Health and Safety Regulation 2001 ( OHS Regulation 2001) Chapter 3 – workplace consultation, clauses 21–32.
The Act provides three options for consultation. Workplaces may choose to establish one or more of the following: - occupational health and safety (OHS) committee
- OHS representative
- other agreed arrangements.
These options allow workplaces to develop systems and procedures tailored to their individual needs. The OHS Regulation 2001 provides more detailed requirements to support the OHS Act 2000.
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