Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 35

PART 4 DUTY OF EMPLOYERS TO CONSULT

Duty of employers to consult with employees

35. Duty of employers to consult with employees



(1) When doing any of the following things, an employer must so far as is
reasonably practicable consult in accordance with this Part with the employees
of the employer who are or are likely to be directly affected by the employer
doing that thing-

   (a)  identifying or assessing hazards or risks to health or safety at a
        workplace under the employer's management and control or arising from
        the conduct of the undertaking of the employer;

   (b)  making decisions about the measures to be taken to control risks to
        health or safety at a workplace under the employer's management and
        control or arising from the conduct of the undertaking of the
        employer;

   (c)  making decisions about the adequacy of facilities for the welfare of
        employees of the employer;

   (d)  making decisions about the procedures for any of the following-

   (i)  resolving health or safety issues at a workplace under the employer's
        management and control or arising from the conduct of the undertaking
        of the employer;

   (ii) consulting with employees of the employer in accordance with this
        Part;

   (iii) monitoring the health of employees of the employer and the conditions
        at any workplace under the employer's management and control;

   (iv) providing information and training to employees of the employer;

   (e)  determining the membership of any health and safety committee;

   (f)  proposing changes, that may affect the health or safety of employees
        of the employer, to any of the following-

   (i)  a workplace under the employer's management and control;

   (ii) the plant, substances or other things used at such a workplace;

   (iii) the conduct of the work performed at such a workplace;

   (g)  any other thing prescribed by the regulations for the purposes of this
        subsection.

(2) For the purposes of subsection (1)-

   (a)  a reference to an employee of an employer includes a reference to an
        independent contractor engaged by the employer and any employees of
        the independent contractor; and

   (b)  the duties of an employer under that subsection extend to an
        independent contractor engaged by the employer, and any employees of
        the independent contractor, in relation to matters over which the
        employer has control or would have control if not for any agreement
        purporting to limit or remove that control.

(3) An employer who contravenes subsection (1) is guilty of an offence and
liable to a fine not exceeding-

   (a)  in the case of a natural person, 180 penalty units; or

   (b)  in the case of a body corporate, 900 penalty units.