22 September 2026
WHSQ says the best return to work plans have one thing in common: they are built with people, not for them
Workplace Health and Safety Queensland has put a clear line around what it considers good return to work practice: "The most effective rehabilitation and return to work plans have one thing in common - they're built with people, not for people." Alongside it, WHSQ set out five specific, practical actions for genuine consultation: include the worker in discussions from the start of the claim, ask open questions rather than closed ones, consider everyone's perspective, allow input after meetings rather than only during them, and adapt communication to suit the worker rather than a standard template.
The reason this is worth more than a passing read is that return to work consultation is already a legal duty, not a courtesy, under WHS law. What WHSQ has done is make explicit what "genuine" consultation looks like in practice, as opposed to the version that satisfies a form but not the intent: a worker told what has been decided, rather than a worker involved in deciding it.
The stakes for getting this wrong are not hypothetical. This blog has previously covered a NSW Industrial Relations Commission decision this month that upheld improvement notices against an employer for exactly this failure mode, an investigation with no timeline and no regular updates, and alternate duties that were de-skilled and purposeless rather than genuinely suitable. The Commission found that process itself, not just the underlying issue it was managing, can constitute a psychosocial hazard. WHSQ's five actions read like a direct answer to that finding: a worker who is asked open questions, given a say, and kept informed is not experiencing the loss of role clarity and voice that made the NSW case a hazard in its own right.
For a PCBU building or reviewing an RTW procedure, WHSQ's five actions translate directly into a checklist: was the worker in the room from the start of the claim, were questions genuinely open, was their perspective on record, was there a channel for input after the meeting, and was communication adapted to them specifically. The next step, and the one regulators consistently ask for, is recording that each of these five things actually happened for a given case, not just that a policy exists saying they should. A consultation record with a name, a date and what was said is the difference between a policy on paper and evidence a regulator will accept.
General information only, not legal advice. Correct as at 22 September 2026. Seek independent advice for your specific circumstances.