Toolbox talks and the duty to consult
The WHS Act requires a business to consult its workers, so far as is reasonably practicable, when it identifies hazards, decides how to control risks, changes how work is done and in other set situations. Consultation means sharing information, giving workers a chance to raise concerns, taking their views into account and telling them the outcome.
The Act does not require toolbox talks by name, but on a construction site they are the practical way to meet that duty, and their records are the evidence.
Prestarts and toolbox talks
A prestart is the short daily meeting before work begins, about today's tasks, hazards and changes. A toolbox talk is usually weekly, on a topic, with time for questions. Both count as consultation when workers can speak and are listened to.
What to record
For each meeting, keep:
- the date, project and who ran it
- the topics covered
- issues raised by workers, and the action taken
- who attended, with their company
- a sign-on by each attendee
- when each action was closed out
Topics worth covering
Good talks are about this site this week, not a generic script:
- changes to the site, the program or the traffic management plan
- recent incidents and near misses, and what changed because of them
- upcoming high risk construction work and its SWMS
- weather, heat and fatigue
- plant movements and exclusion zones
Running them in WHSComply
Toolbox talks and prestarts are recorded against the project, with attendance signed on a phone and issues raised turned into actions with an owner and a due date.
Questions
Frequently asked questions
Are toolbox talks a legal requirement?+
Not by name. Consulting workers is, and toolbox talks and prestarts are the usual way a builder does it and shows that it did.
How long should we keep the records?+
The model WHS laws set no single period for consultation records. Keep them at least as long as your contract, management system or insurer requires.
This guide is general information, not legal advice. Confirm current requirements with the WHS regulator in your state or territory, or your own adviser.