H&S consultation

Consultation means asking for and considering employees’ views when making decisions.

Cooperation means working together harmoniously to find solutions. Consultation is important during major workplace change. This means any change to the business that will affect employees in a significant way,

For example different working hours, duties, work locations or redundancies.

Employers who take a consultative and cooperative approach still have the right to make the final decision on how to manage their business.

Employees who have the opportunity to be a part of the process are more likely to accept change and are less likely to feel anxious or fearful.

Being consulted about important decisions in the workplace can improve an employee’s engagement with their work.

Legal requirement to consult

(is there any legal requirement to consul with the workers?): Yes

Legal requirement to consult Requirements to consult with employees about significant changes in the workplace are set out in legislation, awards and enterprise agreements.

Refer: https://www.fairwork.gov.au/sites/default/files/migration/711/Consultation-and-cooperation-in-the-workplace-best-practice-guide.pdf

Refer : the Safety Representatives and Safety Committees Regulations 1977

The legal requirements for consultation and involvement of the workforce include:

providing information
instruction
training
engaging in consultation with employees, and especially trade unions where they are recognised

Beyond the required legal minimum standard, worker involvement is the full participation of the workforce in the management of health and safety.

At its most effective, full involvement creates a culture where relationships between employers and employees are based on collaboration, trust and joint problem solving. Employees are involved in assessing workplace risks and the development and review of workplace health and safety policies in partnership with the employer.

'I find it hard to imagine how one could ever put in place an effective workplace health and safety system that did not include real participation and engagement of the workforce.'

Judith Hackitt, HSE Chair

Refer: www.hse.gov.uk

The ILO Recommendations R164 require that:

Workers safety delegates,
Workers safety and health committees,
Joint safety and health committees.

Workforce should have equal representation with employers representatives.

What is meaning of H&S information with workforce?

It is a one way communication and providing information to workers in a form that they can understand and then checking that the information has been understood.

During information process , organisation inform the employees the H&S concern; Rules and Regulation ,
Organisation inform the employees about potential hazards and dangerous occurrences in the workplace;
Organisation inform the employees any general matters that effect their H&S;

What is meaning of H&S consultation with workforce?

It is two way communication in which exchange of information, opinion between the employer and workers to be considered for H&S issues and decision making process.

The Legal requirements for consultation and involvement of the workforce include to provide information, instruction, training, engaging in consultation with employees, and especially trade unions where they are recognised.
Management and workers talk to each other about issues;
Management and workers listen to their concerns and raise your concerns;
Management and workers seek and share views and information;
Management and workers discuss issues in good time; and
Management and workers consider what employees say before you make decisions.

Direct and Indirect Consultation:

Direct consultation

Learning outcome: What is meant by Direct Consultation ?

The workforce are consulted (either directly or through their representatives) in good time on issues relating to their health and safety and the results of risk assessments.

There are two way , the workfocre can be consulted directly :

Consulted directly with employees
Consulting through Safety representatives

List of direct consultation methods (direct involvement of workforce and worker representatives ) :

H&S Safety Committee
Joint Labour -Management committee meeting
Safety Representative meeting
Union Meeting
H&S steering committee meeting
Tool Box Talk
Risk Assessment meeting
Accident Investigation meeting
Discussion groups
Safety Circles
Departmental meetings

Learning outcome : What formal meetings could you plan, that are likely to help improve consultation in this workplace?

Consulting indirectly with employees:

(Refer www.hse.gov.uk)

Learning outcome: What is Indirect consultation?

Company intranet sites with health and safety information are convenient as they can feature news and request the views of all your staff. Keep the information updated and draw attention to new material so people who do not regularly check it will know what is happening in their workplace. If some staff do not have access to the site, the quality and range of views given may be compromised.
Staff surveys can be useful in consulting your workforce, although a lack of trust can undermine surveys and reduce the return rate. Consider the literacy or language skills of the workers to make sure they can answer questions they understand. You can get an external organisation to run the staff survey so your employees feel they can say what they really think.
Employee suggestion schemes can be useful if they are regularly used and acted upon, but they may not work if employees believe it will not make a difference, or because you and your employees have already developed a good working relationship without the need for a suggestion box.
Notice boards and newsletters can be useful for sharing information, particularly if used with other methods to increase the chance of getting your messages across.

List of Indirect Consultation methods:

Company Intranets
Staff Surveys
Employee suggestion schemes
Notice Boards
Newsletters

How to do the consultation ?

Be given adequate information
be consulted when major new safety and health measures are
be consulted in planning alterations of work processes, work
be given protection from dismissal and other measures prejudicial
be able to contribute to the decision-making process
have access to all parts of the workplace be free to contact labor inspectors;
be able to contribute to negotiations in the making
have reasonable time during paid working hours to exercise their safety and health functions and
to receive training related to these functions;