Your Legal Duties
In recognition of the benefits that regular consultation can bring, the OHS Act has a requirement for all employers to consult their employees on matters that will or are likely to directly, affect their health, safety or welfare.
The general duty to consult with employees is set out in sections 35 and 36 of the Occupational Health and Safety Act 2004.
Involving health and safety representatives
The OHS Act states that if employees are represented by a health and safety representative (HSR), consultation must involve that HSR.
The OHS Regulations, which came into effect on 1 July 2007, support the OHS Act’s consultation requirements by specifying how health and safety representatives must be involved in workplace consultation.
The Regulations also support the OHS Act’s issue resolution requirements by specifying the issue resolution procedure that must be followed when employers and employees have not agreed on a procedure for the workplace.
