Consulting with mine employees, contractors and health and safety representatives

Information for mine operators on their duty to consult.


Why consult

As a mine operator, it's your legal duty to consult with employees, contractors and health and safety representatives (HSRs). By involving employees, contractors and HSRs, you can get information on hazards, risks and solutions from people who understand and do the work. This can help you make informed decisions about health and safety.

When you must consult

Employers must consult with employees and independent contractors under section 35 of the OHS Act.

In addition, all mine operators must consult with HSRs, employees and contractors when:

  • developing and implementing strategies to control the risks relating to alcohol and drugs, and fatigue
  • identifying mining hazards

Operators of prescribed mines must also consult when:

  • implementing a safety management system
  • conducting a safety assessment
  • developing a safety role for employees
  • preparing, reviewing and revising an emergency plan

You must consult about these things so far as is reasonably practicable.

Tell people about risk controls

If you adopt a risk control measure for a major mining hazard, you must tell any HSRs. If there aren’t any HSRs, you must let employees know.

You must tell them:

  • the reasons for adopting the measure
  • the reasons for rejecting any other measures discussed during consultation

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