Creating a safe and healthy school environment requires collaboration between educators, administrators and support staff. Workers who carry out the work and are (or likely to be) directly affected by a health and safety matter must, as reasonably practicable, be consulted. Consultation with workers is a crucial process that ensures workplace health and safety (WHS) concerns are addressed effectively.

The obligation to consult with workers can be complex and the steps taken by schools can vary depending on their unique circumstances. In today’s article, we discuss the key points that schools will need to know. This includes the legal obligations of schools, their responsibilities and what practical measures they may take.

Why consultation is important in schools

Schools are dynamic workplaces with unique safety challenges. Teachers, administrative staff and maintenance personnel all face different risks, from classroom hazards to facility management concerns. Consulting with workers allows schools to:

• Identify potential hazards early
• Develop practical solutions to minimise risks
• Improve policies and procedures for a safer environment
• Foster a culture of safety and cooperation among staff

Legal requirements for consutation in schools

Under the work health and safety laws in each state and territory, schools (as persons conducting a business or undertaking (PCBUs)) must consult with workers when:

• Identifying hazards and assessing risks
• Making decisions about ways to eliminate or minimise those risks
• Proposing changes that may affect the health and safety of workers
• Developing procedures for resolving safety issues

Consultation must be accessible to all workers, including those with language barriers or disabilities.

In Victoria, the Occupational Health and Safety Act 2004 (Vic) sets out a school’s obligation to consult on matters affecting health and safety in the workplace. Although the terminology used is different, the duty to consult remains largely the same.

Duties of school leaders

School leaders, such as principals and administrators, are considered officers under WHS laws. They must exercise due diligence to ensure the school complies with its WHS duties. This includes:

• Understanding WHS laws and obligations
• Ensuring the school has appropriate safety policies
• Providing resources to manage health and safety risks
• Monitoring compliance with WHS requirements

Worker responsibilities

Teachers, administrative staff and other workers also have WHS duties. They must:

• Take reasonable care for their own health and safety
• Follow WHS policies and procedures
• Report hazards and incidents
• Cooperate with the consultation processes

How schools can consult with workers

Consultation methods should be tailored to the school setting. Some effective approaches include:

• Staff meetings and briefings: regular discussions where teachers, staff and other workers can raise safety concerns
• Surveys and feedback forms: anonymous ways for workers to share their views
• Open-door policies: encouraging workers to approach leadership with safety concerns
• Training and workshops: sessions to educate workers on WHS responsibilities and best practices

In addition to the above, health and safety representatives (HSR) and health and safety committees (HSC) can play an important role in ensuring a school meets its obligations to consult with workers. The role of an HSR is to represent the health and safety interests of a designated group within a workplace. HSRs are granted some WHS related powers (such as the power to investigate work health and safety complaints) and are entitled to attend relevant HSR training.

An HSC can play an important role in consulting between designated work groups on similar issues or where there are multiple PCBUs with responsibility of a workplace (such as when construction work is being undertaken on school property).

Encouraging worker participation

Workers are more likely to engage in consultation when their concerns are taken seriously. Schools should:

• Encourage workers to ask questions and report safety issues
• Provide clear channels for communication
• Act on feedback and inform workers of outcomes

Failure to consult

Schools that do not fulfill consultation obligations face:

• Legal penalties, fines or regulatory enforcement actions
• Increased workplace hazards due to lack of input from workers
• Reduced staff morale and engagement
• Potential legal claims from affected workers

Resources for schools

Useful resources for schools include: 

• Model Code of Practice: Work health and safety consultation, cooperation and coordination 

• Worker representation and participation guide 

• Duty to consult, cooperate and coordinate with other duty holders: Factsheet  

• Consultation checklist 

For more information specific to your state or territory, visit: 

• New South Wales: SafeWork NSW 

• Victoria: WorkSafe Victoria 

• Queensland: WorkSafe Queensland 

• Western Australia: WorkSafe WA 

• South Australia: WorkSafe SA 

• Tasmania: WorkSafe Tasmania

• Northern Territory: NT WorkSafe

• Australian Capital Territory: WorkSafe ACT 

Conclusion

Consultation with workers is essential for maintaining a safe and productive school environment. By actively involving staff in WHS discussions, schools can improve compliance, enhance workplace safety and foster a culture of collaboration. Implementing effective consultation practices benefits both educators and students, ensuring a secure learning space for all.