Consultation duty
The statutory obligation on employers to consult employees or their representatives on health and safety matters in good time, giving them the opportunity to express their views before a decision is made.
By jurisdiction
UK HSE
“consultation duty”Exact equivalentSection 2(6) of HSWA 1974 requires employers to consult recognised trade union safety representatives. The Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996 set out the matters on which consultation is required, including changes to the work process, the introduction of new technology, and arrangements for health and safety training.
Irish HSA
“consultation duty”Close equivalentSection 26 of the Safety, Health and Welfare at Work Act 2005 requires employers to consult employees and safety representatives on matters relating to safety, health and welfare, and to facilitate the participation of employees. Consultation must take place in good time, and employees must be able to express views.
US OSHA
“worker participation”Partial equivalentOSHA requires employee participation in the context of specific standards: employees must be allowed to accompany inspectors (OSH Act section 8(c)), have access to exposure records (29 CFR 1910.1020), and review workplace monitoring results. There is no general OSHA duty to consult employees before making health and safety decisions.
Practitioner note: Consult before deciding, not after. Presenting a finished decision for comment does not satisfy the duty in any of the three frameworks.