What a toolbox talk is for
Safe Work Australia's code of practice on consultation describes toolbox talks as short discussions about specific health and safety topics relevant to a task. It notes they're often a practical way to consult contractors and labour hire workers, who may not be around for other meetings.
- Brief the crew on the day's work, the hazards and the controls.
- Hear from the people doing the work. They often spot hazards the planner missed.
- Explain changes: a revised SWMS, new plant, a different method or a recent incident.
- Create a record that consultation and briefing happened.
How it fits with consultation under WHS law
Under section 47 of the model WHS Act, a PCBU must consult, so far as is reasonably practicable, with workers who are, or are likely to be, directly affected by a health and safety matter. Section 49 lists when consultation is required, including when you identify hazards, assess risks and decide on control measures, and when you propose changes that may affect health and safety.
Section 48 sets out what consultation means. It's two-way:
- Share relevant safety information with workers.
- Give them a reasonable opportunity to raise issues and express views.
- Take their views into account.
- Tell them the outcome in a timely way.
- Involve the health and safety representative, if there is one.
The code is clear that consultation isn't just telling workers about a decision after it's made. A toolbox talk where the supervisor reads out the SWMS and nobody speaks is a briefing, not consultation. Ask questions and leave room for answers.
A simple toolbox talk agenda
Today's job (2 minutes)
What the crew is doing, where, and who else is working nearby.
Hazards and controls (5 minutes)
Walk through the main steps from the SWMS or JSA. For each one, name the hazard and the control. Point at the actual edge protection, exclusion zone or isolation point if you can.
Ask the crew (3 minutes)
"What's changed since yesterday?" "What could go wrong here that isn't covered?" Write down what they say.
Agree any changes
If the crew raises something real, change the controls and update the SWMS or JSA. Tell them what you've changed.
Record it
Note the date, topic, who attended, issues raised and actions agreed. Get attendees to sign or acknowledge.
Australia / JSA & SWMS drafts
Brief the crew from a document that matches the job.
Talk through the work and SOPmate drafts an editable SWMS or JSA you can run your toolbox talk from, with sign-offs recorded on site.
iPhone and iPad. Not on iPhone? Email support@sopmate.ai to hear about Android.
What to record
The consultation code doesn't require consultation records in most cases, but it recommends keeping them, and they can be short. Include:
- Date, time and site
- Topic, and which SWMS or JSA was briefed (with its version)
- Who attended, including subcontractors and labour hire workers
- Issues raised and who raised them
- Decisions made and the reasons
- Actions, who is responsible, the due date and when they were completed
- Attendee signatures or acknowledgements
How often to hold one
WHS law doesn't set a frequency for toolbox talks. Hold one whenever the work, the crew or the risks change. As a practical rule:
- At the start of a new job or stage, before high risk construction work begins
- When a new worker or subcontractor joins the crew
- When a SWMS or JSA is revised
- After an incident or near miss
- Daily or weekly on longer jobs, depending on how fast the site changes
Using it to brief a SWMS or JSA
A SWMS only works if the crew knows what's in it. WorkSafe Queensland notes that if workers weren't involved when the SWMS was prepared, consultation can happen at induction, during training or at a toolbox talk. The PCBU must also give workers enough information and instruction to understand the hazards, the controls and what to do if the work departs from the SWMS.
For tasks that don't need a SWMS, a JSA does the same job. See how to write a JSA and who prepares, signs and keeps a SWMS.
Fines and penalties
| What goes wrong | What you can face |
|---|---|
| Failing to consult workers (WHS Act section 47) | 2026-27 maximums of $20,000 for an individual and $100,000 for a company in Qld, SA, Tas and the NT; $25,000 and $115,000 in WA; $31,191 and $155,829 in NSW; $33,000 and $165,000 in the ACT and Commonwealth. |
| Failing to consult other businesses on the same site (section 46) | The same maximums as section 47 in each jurisdiction. |
| Not giving workers suitable information, training and instruction (regulation 39) | A regulation offence. In WA, for example, up to $7,000 for an individual and $35,000 for a company. |
| An inspector finds workers who don't know the controls | An improvement or prohibition notice. A prohibition notice stops the work until the risk is dealt with. |
| Someone is seriously hurt or killed | Failing to inform, train or supervise workers can be part of a breach of the primary duty of care. Category 1 offences carry multi-million dollar fines and possible jail. |
Victoria has separate consultation duties under its OHS Act, with penalties set in penalty units. Figures change most financial years, so check your regulator for current amounts.