The obligation
Employers must, so far as is reasonably practicable, consult directly affected employees on hazards, risk controls, welfare facilities and OHS procedures.
Section 35 requires consultation when identifying or assessing hazards or risks, deciding on risk control measures, deciding on the adequacy of welfare facilities, and deciding on procedures for resolving issues, consulting, and monitoring. Consultation means sharing information about the matter, giving employees a reasonable opportunity to express their views, and taking those views into account.
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- What
- Employers must, so far as is reasonably practicable, consult directly affected employees on hazards, risk controls, welfare facilities and OHS procedures.
- Source
- content.legislation.vic.gov.au
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Frequently asked questions
Which WHS law does this come from?
Employer duty to consult employees is a WHS requirement set out in Occupational Health and Safety Act 2004 (VIC). The relevant provision is Part 4 > ss 35–35A § 35.
What does this WHS obligation require?
Employer duty to consult employees is a WHS obligation under Occupational Health and Safety Act 2004 (VIC). In short, Employers must, so far as is reasonably practicable, consult directly affected employees on hazards, risk controls, welfare facilities and OHS procedures.
What changed recently?
Employer duty to consult employees was last updated on 19 October 2026.