POL-002 | Duty of Care & Consultation Policy | Version 1.0 | February 2026

Purpose

To define the duty of care obligations of all persons at [YOUR BUSINESS NAME] and to establish a genuine, meaningful consultation process on WHS matters.

Scope

Applies to all workers (employees and contractors), managers, supervisors, and the PCBU.

Definitions

PCBU: Person Conducting a Business or Undertaking — the business owner/operator.

Worker: Any person who carries out work for the PCBU, including employees, contractors, subcontractors, labour hire workers, and volunteers.

HSR: Health and Safety Representative — a worker elected by their work group to represent them on WHS matters.

Duties of the PCBU (WHS Act 2011 s.19)

The PCBU must ensure, so far as is reasonably practicable:

1. The provision and maintenance of a work environment without risks to health and safety.
2. Safe plant, structures, and systems of work.
3. Safe use, handling, and storage of plant and substances.
4. Adequate facilities for worker welfare.
5. Information, training, instruction, and supervision.
6. Monitoring of worker health and workplace conditions.

Duties of Officers (WHS Act 2011 s.27)

Officers must exercise due diligence to ensure the PCBU complies with its WHS duties. This includes:

Acquiring and keeping up-to-date knowledge of WHS matters.

Ensuring the PCBU has appropriate resources and processes to eliminate or minimise risks.

Verifying the provision and use of those resources and processes.

Duties of Workers (WHS Act 2011 s.28)

All workers must:

1. Take reasonable care for their own health and safety.
2. Take reasonable care that their acts or omissions do not adversely affect the health and safety of others.
3. Comply, so far as reasonably able, with reasonable instructions given by the PCBU.
4. Cooperate with any reasonable policy or procedure of the PCBU relating to health and safety.

Consultation Requirements (WHS Act 2011 s.46–49)

The PCBU must consult with workers when:

Identifying hazards and assessing risks.

Making decisions about ways to eliminate or minimise risks.

Making decisions about the adequacy of facilities for workers' welfare.

Proposing changes to the workplace, plant, substances, or work procedures.

Making decisions about procedures for consultation, resolving WHS issues, monitoring worker health, or providing WHS information and training.

Consultation methods at [YOUR BUSINESS NAME]:

Regular toolbox talks (minimum monthly)

WHS noticeboard (physical and digital)

Direct communication with supervisors

Health and Safety Representative (HSR) if elected by workers

Health and Safety Representatives (HSRs)

Workers may request the election of an HSR at any time. The PCBU must facilitate this process. HSRs have the right to:

Represent workers in their work group on WHS matters.

Inspect any part of the workplace.

Accompany a WHS inspector during an inspection.

Issue Provisional Improvement Notices (PINs) if they reasonably believe a WHS contravention is occurring.

Related Documents: POL-001, POL-016 | Legislation: WHS Act 2011 (Qld) s.19, 27, 28, 46–49