AustraliaMy employer didn't consult me about a dangerous new chemical being used at work. Is this a breach?
Yes, it is likely a breach. Under Australian work health and safety law, employers must consult workers before introducing hazardous chemicals.
What the Law Says
Australian work health and safety law places a clear legal obligation on employers — known as persons conducting a business or undertaking (PCBUs) — to consult with workers about health and safety matters, especially when introducing new hazards like dangerous chemicals.
The model Work Health and Safety Act 2011 (adopted in most Australian jurisdictions) requires PCBUs to consult with workers who are likely to be affected by a health and safety matter. This includes decisions about introducing new substances, plant, or procedures that may affect safety.
Consultation must occur before changes are implemented — not after — and must involve giving workers a reasonable opportunity to express views and contribute to decision-making.
The requirement applies regardless of workplace size, but formal health and safety committees are mandatory only where five or more workers request one or are required by regulation.
Statutory TextA person conducting a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are likely to be directly affected by a health and safety matter.
— Work Health and Safety Act 2011 (Cth), s. 47 — Duty to consult with workers
Statutory TextConsultation must include: (a) sharing relevant information; (b) giving workers a reasonable opportunity to express their views; (c) taking those views into account; and (d) advising workers of the outcome in a timely manner.
— Work Health and Safety Regulations 2011 (Cth), reg. 49 — Meaning of consultation
What to Do
Raise the issue formally with your employer in writing, citing s. 47 of the WHS Act.
If unresolved, contact your state or territory work health and safety regulator (e.g., SafeWork NSW, WorkSafe Victoria).
Request involvement in a risk assessment or review of the chemical’s Safety Data Sheet (SDS).
If you’re a Health and Safety Representative (HSR), use your powers under the WHS Act to direct unsafe work to cease.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.