The obligation
Employers required to consult must share information with employees, including relevant contractors and HSRs, and take their views into account before deciding.
The code covers consultation duties for employers when excavation work is performed. Employees must be given a reasonable opportunity to express their views on the matter. If employees are represented by an HSR, the consultation must involve that HSR, with or without the employees directly. If the employer and employees have agreed consultation procedures, consultation must follow those procedures, as set out in section 35 of the OHS Act.
- What
- Employers required to consult must share information with employees, including relevant contractors and HSRs, and take their views into account before deciding.
- Source
- worksafe.vic.gov.au
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Frequently asked questions
Which WHS law does this come from?
Employer duty to consult employees and HSRs on excavation work (Vic) is a WHS requirement set out in Excavation (VIC). It is made under Occupational Health and Safety Act 2004 (VIC). The relevant provision is Excavation > Consultation.
What does this WHS obligation require?
Employer duty to consult employees and HSRs on excavation work (Vic) is a WHS obligation under Excavation (VIC). In short, Employers required to consult must share information with employees, including relevant contractors and HSRs, and take their views into account before deciding.
What changed recently?
Employer duty to consult employees and HSRs on excavation work (Vic) was last updated on 19 October 2026.