There are two sections of law relating to OHS consultation in NSW workplaces.

NSW OHS Act 2000 - Part 2, Division 2 – Duty to consult

NSW OHS Regulation 2001 – Chapter 3 – Workplace consultation

To comply with OHS legislation, employers must:

• establish and maintain arrangements for consulting employees about OHS issues.
• record and publicise the results of OHS consultation.
• resolve issues presenting a risk to health and safety.
• provide training for OHS committees and representatives.
• check that the 'workgroups' represented by OHS committees and representatives reflect the diversity of employees, their work and their attributes, such as age, gender and special needs.

OHS consultation must involve:

• sharing relevant OHS information with employees.
• giving employees opportunities to express their views and contribute to the resolution of health, safety and welfare issues at their workplace.
• valuing the views of employees and taking them into account.

Consultation is required when:

• Assessing OHS risks.
• making decisions about measures to eliminate or control risks.
• introducing or changing procedures for monitoring risks.
• making decisions about facilities for employee welfare.
• proposed changes to the premises, plant, substances or work methods may affect OHS.
• selecting procedures for consulting employees about OHS.

Consultation must occur in one of the following ways:

• elected occupational health and safety committees.
• elected occupational health and safety representatives.
• alternative arrangements as agreed between employees and employers.

There are specific requirements affecting:

• The processes and arrangements required to elect, establish and train OHS committees and representatives.
• The functions and powers held by OHS committees and representatives.