Under the Work Health and Safety Act 2011 (Qld), a person conducting a business or undertaking (PCBU) must consult workers on health and safety matters, and workers can elect a health and safety representative (HSR) to speak for them. A PCBU must also set up a health and safety committee when asked. This guide explains WHS consultation, the HSR role, how to become a representative and what committee members do.
What is WHS consultation?
A PCBU must, so far as is reasonably practicable, consult with workers who are, or are likely to be, directly affected by a work health or safety matter (section 47 of the Work Health and Safety Act 2011 (Qld)). Where more than one duty holder is responsible for the same matter, such as a principal contractor and a subcontractor, they must also consult, cooperate and coordinate with each other (section 46).
Consultation is more than telling workers what has been decided. It requires that (section 48):
- relevant information is shared with workers;
- workers have a reasonable opportunity to express their views, raise issues and contribute to the decision;
- the PCBU takes their views into account; and
- workers are told the outcome in a timely way.
If the workers are represented by an HSR, the consultation must involve that representative (section 48(2)).
When is consultation required?
The PCBU must consult, for example (section 49):
- when identifying hazards and assessing risks in the workplace;
- when making decisions about ways to eliminate or minimise those risks;
- when making decisions about the adequacy of facilities for workers’ welfare;
- when proposing changes that may affect the health or safety of workers; and
- when making decisions about procedures for consulting workers, resolving health and safety issues, monitoring workers’ health and workplace conditions, and providing information and training.
Agreed consultation procedures must be followed once they are in place (section 47(2)). Toolbox talks, team meetings, an HSR and a committee are all ways to consult. The Work Health and Safety Consultation, Co-operation and Co-ordination Code of Practice 2021 is the approved Queensland guidance, and our Consultation, Communication & Training Policy Template helps you write down your own arrangements.
What is a health and safety representative?
A health and safety representative (HSR) is a worker elected by the members of their work group to represent them on health and safety issues (section 62). Any worker in the work group can vote, and a worker is eligible to be elected only if they are a member of that group (sections 60 and 62). To become an HSR, you need to be elected: a worker can ask the PCBU to facilitate an election (section 50). The PCBU must then help determine the work groups and provide the resources reasonably needed to run the election (sections 51 and 61). An HSR holds office for 3 years and can be re-elected (section 64).
What does an HSR do?
The powers and functions of an HSR are set out in section 68. An HSR can:
- represent the workers in the work group on health and safety matters;
- monitor the measures the PCBU takes to comply with the Act;
- investigate complaints from the work group and inquire into anything that appears to be a risk to workers;
- inspect the workplace after giving reasonable notice, or without notice after an incident or where there is a serious risk from an immediate or imminent exposure to a hazard;
- accompany an inspector, and with the worker’s consent be present at interviews about health and safety;
- request information about the health and safety of the work group, and request the establishment of a health and safety committee.
An HSR is not entitled to a worker’s personal or medical information without the worker’s consent unless it cannot identify them, and the Act does not impose a duty on an HSR in that capacity (section 68(3) and (4)).
HSR training
The PCBU must ensure, so far as is reasonably practicable, that an HSR has completed the prescribed training. It must let the HSR choose and attend the training, pay the fees and other reasonable costs, and pay the HSR for training days (section 72). The prescribed training is an initial 5 day course approved by the regulator, which the HSR must complete within 28 days of being elected (or, if a course is not reasonably available, as soon as practicable after those 28 days), and 1 day of refresher training at least every 12 months (section 21 of the Work Health and Safety Regulation 2011 (Qld)).
Stopping unsafe work
Any worker may cease, or refuse to carry out, work if they have a reasonable concern that it would expose them to a serious risk to their health or safety from an immediate or imminent exposure to a hazard (section 84). An HSR who has completed the initial training (or training the Act treats as equivalent) may direct a worker to cease work, by written notice, on the same test. The HSR must generally consult the PCBU and try to resolve the issue first, unless the risk is so serious and immediate or imminent that it is not reasonable to do so (section 85). The HSR must give the PCBU a copy of the notice and display a copy for the work group.
An HSR who has completed the initial training (or training the Act treats as equivalent) can also issue a provisional improvement notice if they reasonably believe a person is contravening, or has contravened and is likely to repeat a contravention of, the Act. They must consult the person first (section 90).
What a PCBU owes the HSR
Under section 70, a PCBU must, for example, consult the HSR on work health and safety matters, confer with them whenever reasonably requested, give them access to information about hazards and workers’ health and safety, and provide the resources, facilities and assistance they reasonably need. If a notifiable incident affects the HSR’s work group, the PCBU must give the HSR a copy of the written notice given to the regulator, or the information the regulator sends back after a phone notification (section 70(1)(cc)). See our guide to notifiable incidents in Queensland.
Resolving health and safety issues
If an issue is not resolved by discussion, the parties must make reasonable efforts to resolve it using the agreed procedure or, if there is none, the default procedure in the Regulation (section 81 of the Act and section 23 of the Regulation). If it is still unresolved, a party can ask the regulator to send an inspector to help (section 82).
What is a WHS committee?
A WHS committee facilitates cooperation between the PCBU and workers on health and safety measures, and assists in developing health and safety standards, rules and procedures for the workplace (section 77). A PCBU must set one up as soon as practicable, and no later than 28 days, after a request from an HSR or 5 or more workers at the workplace (section 75). A PCBU can also set one up on its own initiative. The committee must meet at least once every 3 months (section 78).
| Compare | Health and safety representative | Health and safety committee |
|---|---|---|
| Who | A worker elected by their work group | Workers and PCBU nominees |
| Starts when | Workers ask for an election (section 50) | An HSR or 5 or more workers ask (section 75) |
| Main role | Represent the work group, with powers such as stopping unsafe work | Cooperation and developing safety rules and procedures |
How does the WHS committee election process work?
There is no single election process for committee members. Under section 76, the constitution of a committee is agreed between the PCBU and the workers. The committee must include the health and safety representative (if there is one and they consent) and the work health and safety officer (if there is one), and at least half of the members must be workers who are not nominated by the PCBU. If the parties cannot agree, either can ask the regulator to appoint an inspector to help.
If you are elected as a member of a WHS committee, take your responsibilities seriously and carry out your duties to the best of your ability. By doing so, you help keep your workplace safe for everyone.
What are the duties of a WHS committee member?
The legislated functions of a committee are to facilitate cooperation between the PCBU and workers on health and safety measures, and to assist in developing standards, rules and procedures (section 77). Other functions, such as those below, can be agreed between the PCBU and the committee. The PCBU, not the committee, remains responsible for implementing health and safety measures and complying with the Act.
- Assisting in developing policies and procedures to keep workers safe, such as safe work practices, hazard identification and reporting, and emergency procedures.
- Inspecting the workplace, including looking for hazards and assessing the risks posed by them.
- Investigating any incidents that occur to find out what happened and why, so similar incidents can be prevented.
- Educating workers on the risks in the workplace and how to stay safe, through training sessions, toolbox talks and other means.
- Conducting regular audits of the workplace to check it is safe and compliant with the relevant laws and regulations.
Our Safety Committee Meeting Form Template helps you keep a record of committee meetings.
What does the WHS Act say about work health and safety committees?
To learn more about what the WHS Act says about work health and safety committees, visit the Workplace Health and Safety Queensland Government website page on Health and safety representatives and health and safety committees.
If you have been elected to a work health and safety committee, you should familiarise yourself with the WHS Act and the Regulations. You can find the current Queensland Act and Regulation on the Queensland Legislation website. For the bigger picture, see our Queensland WHS laws explained guide.
What information can a health and safety committee member access?
The PCBU must allow the health and safety committee to have access to the information the PCBU has about hazards (including associated risks) at the workplace and the health and safety of workers (section 79). The PCBU must not give the committee personal or medical information about a worker without the worker’s consent, unless it is in a form that does not identify the worker. This can include information about:
- hazards and risks in the workplace;
- accidents and incidents;
- health and safety policies and procedures; and
- training on health and safety.
The PCBU must also let each committee member spend the time reasonably necessary to attend meetings and carry out their functions, on their normal pay (section 79).
What are the benefits of having a WHS committee?
- Improved communication between management and employees.
- Increased employee involvement in safety initiatives.
- Better identification of hazards in the workplace.
- Improved compliance with safety policies and procedures.
Consultation works best alongside a documented system: see how to build a WHS management system and how to identify hazards in the workplace.
Frequently asked questions
What is the role of a health and safety committee?
A committee has two functions set by law: to help the business and its workers cooperate on measures to keep workers healthy and safe, and to help develop the health and safety standards, rules and procedures that apply at the workplace. Other functions can be agreed between the business and the committee (section 77 of the Work Health and Safety Act 2011 (Qld)). The business, not the committee, stays responsible for complying with the Act.
Does my workplace have to have a health and safety committee?
Not automatically. A business must set one up within 28 days if a health and safety representative or 5 or more workers at the workplace ask for one (section 75 of the Work Health and Safety Act 2011 (Qld)). A business can also set one up on its own initiative. If there is no committee, other ways of consulting workers can be used.
Who can be on a health and safety committee?
The business and its workers agree the constitution of the committee. It must include the health and safety representative, if there is one and they agree, and the work health and safety officer, if there is one. At least half of the members must be workers who are not nominated by the business (section 76 of the Work Health and Safety Act 2011 (Qld)).
How often does a health and safety committee have to meet?
At least once every 3 months. It must also meet at a reasonable time if at least half of its members ask, or if there is a work health and safety officer at the workplace and that officer asks (section 78 of the Work Health and Safety Act 2011 (Qld)).
Do committee members get time and information to do the job?
Yes. The business must allow each committee member to spend the time reasonably necessary to attend meetings and carry out their functions, on their normal pay, and must give the committee access to the information it holds about hazards and the health and safety of workers. It must not give the committee a worker's personal or medical information without the worker's consent, unless it is in a form that does not identify the worker (section 79 of the Work Health and Safety Act 2011 (Qld)).
This guide is general information, not legal advice. Check the current law or talk to Workplace Health and Safety Queensland for your situation.
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