Consultation is not a courtesy under Australian WHS law. It is a duty. Yet many organisations treat it as a survey or a single meeting. This article explains what consultation on psychosocial hazards requires, why some hazards are never raised in a group, and how to consult in ways that surface real risk.
Consultation is a legal duty
Under the model WHS laws, employers must, so far as is reasonably practicable, consult with workers who are, or are likely to be, directly affected by a health and safety matter. That includes when identifying hazards, assessing risks, deciding on control measures and proposing changes that may affect health and safety.
For psychosocial hazards, consultation is especially important. Many psychosocial risks are invisible to managers. Workers often know first when workload is unsustainable, when a relationship has become harmful or when a process feels unfair.
The Model Code of Practice on managing psychosocial hazards makes clear that consultation is central to identifying and controlling these risks.
What genuine consultation involves
Consultation means more than informing people. It requires:
- sharing relevant information with workers
- giving them a reasonable opportunity to express views and raise issues
- taking those views into account
- advising workers of the outcome
If consultation happens after decisions are made, or if feedback disappears without a response, it is unlikely to meet the duty, and it erodes trust.
Why some hazards are never raised in a group
Team meetings, safety committees and open forums are useful, but they have limits. Some hazards are rarely raised in a group because:
- the hazard involves someone in the room, such as a manager or influential colleague
- people fear consequences for their career or relationships
- the issue is sensitive, such as sexual harassment, racism or a psychological disability
- power differences make it hard for junior staff to speak
- group norms discourage complaining or appearing not to cope
Relying only on group discussion can give a false sense that there are no problems. The absence of complaints is not evidence of safety, as we discussed in No, you cannot checklist your way to psychosocial safety.
Ask the question that surfaces risk
One of the most revealing questions leaders can ask is simple:
"When is it hardest to speak up here?"
It invites people to describe conditions rather than accuse individuals. It often surfaces information about meeting dynamics, power, workload pressure and fear of consequences that direct questions miss.
Other useful questions include:
- "What gets in the way of doing your job well?"
- "What would you change if you could?"
- "What happens when someone raises a concern?"
Use more than one channel
Effective consultation combines methods so that different people can contribute safely:
- team discussions for shared issues
- one-to-one conversations for individual concerns
- anonymous surveys for broad patterns
- confidential focus groups facilitated independently, where trust is low or topics are sensitive
- health and safety representatives and committees
Independent, trauma-informed focus groups can be particularly valuable after complaints, during culture reviews, or where people may not feel safe speaking to their own leaders. Our article on facilitating trauma-informed employee focus groups explains how.
Close the loop
People will stop contributing if nothing changes. After consulting, tell workers what you heard, what you will do, what you will not do and why, and when you will check back in. Closing the loop is what turns consultation into trust.
The bottom line
Consultation is both a legal duty and one of the most powerful tools for identifying psychosocial risk. Done well, it surfaces hazards early and builds the trust that makes people willing to speak up.
To strengthen consultation in your organisation, explore Employee Listening & Focus Groups, a psychosocial risk assessment or contact us.