What is Consultation Cooperation and Coordination?

Why do businesses need to have processes that include consultation cooperation and coordination?

The WHS Legislation across Australia has a requirement for the Person Conducting the Business or Undertaking (PCBU) to require that Consultation Cooperation and Coordination processes are included as part of the planning and implementation for their activities. This must be completed in partnership with workers and other PCBUs who have a WHS duty in relation to the same matter to assist in ensuring worker safety.

This legislation is supported by Codes of Practice in each State and Territory that provide practical guidance in the who what how and when of this requirement. Health and safety Representatives (where elected by the workers co-workers) can play an important role in this process.

Health and safety Representatives can assist in Consultation Cooperation and Coordination

This information and support from the Health and Safety Representatives can assist with

• Who must consult, cooperate, and coordinate and with whom.
• When must you consult, cooperate and coordinate with others?
• Who has duties in relation to work health and safety consultation cooperation and coordination?
• Why is consultation important?
• When to consult with workers.
• What is effective consultation?
• When to consult, cooperate and coordinate activities with other duty holders.

There have been prosecutions in each state and territory were lack of consultation, cooperation and coordination has been identified as a leading contributor to the incident. Some more notable cases such as Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 where the South Australian Industrial Relations Court have fined a not-for-profit organisation $12,000 for failing to comply with this duty. In this instance there were powerlines near where the worker was working and there were no safety measures in place. The worker was injured by touching these powerlines.

There are statements from this case that both parties should not assume that there is a clear understanding of the hazards and who is responsible, if there is no consultation cooperation and coordination.

What is effective communication?

To ensure that information is sent and received correctly there must be a two-way flow. Each person in the process has different interpretation or decoding processes and should be provided sufficient time to formulate questions for clarity. It is more effective when each person listens (as part of the communication process) what the others have to say and given time to consider the message. This process must be reciprocated so that all parties can better understand what is needing to be communicated.

What is consultation?

Consultation is the process by which management must discuss the development of systems, policies, practices, and issues of mutual concern with workers or their representatives. It involves seeking acceptable solutions to problems through a genuine exchange of views and information.

An important principle of consultation is reaching an agreeable outcome on an issue or topic that is satisfactory to all parties and persons and moves towards a safer and healthier environment.

Outcome of a good Consultation Cooperation and Coordination process.

Developing a resilient safety culture will greatly increase the effective communication and consultation between management and workers. Once this culture sufficiently developed the health and safety issues at the workplace will be better understood and be included in robust conversations towards resolving issues so far as reasonably practicable.

The process around consultation cooperation and coordination should not be viewed as a mere legal requirement, but as an important means of improving the employer’s decision-making about safety and health matters.

In your Business….

• have you identified where more than 1 person has a duty in relation to the same matter?
• has each person with the duty, so far as is reasonably practicable included consultation cooperation and coordination activities with all other persons who have a duty in relation to the same matter?
• do you have other PCBU’s interacting in your workplace with your workers?
• have you met with this PCBU to discuss the work on site other than receipting the contract, insurances, and the obligatory site induction with sign off the SWMS/JSA?

If you are interested in our WHS Consultancy services, you can contact David, Andrew or Mark to discuss your Health and Safety Issues.

We have qualified and certified Safety Consultants that can assist you in your business and offer a range of WHS consulting services along with general and specific health and safety training courses.

Contact us today for an obligation free quote on any of our services.