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Right to Refuse Unsafe Work

Worker Right to Cease Work​

Workers have a right to cease or refuse to carry out work if they have a reasonable concern that continuing the work would expose them to a serious risk to their health or safety from an immediate or imminent hazard.

[!important] Legal Right (WHS Act s.84) A worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker's health or safety, emanating from an immediate or imminent exposure to a hazard.

This right protects workers from being required to work in dangerous conditions.

Reference: WHS Act s.84-85

When Workers Can Refuse Work​

Conditions Required​

Worker must have reasonable concern about:

  1. Serious risk to health or safety
  2. From immediate or imminent exposure to hazard

All three elements must be present:

1. Reasonable Concern:

  • Based on worker's knowledge, experience, and the circumstances
  • Genuine belief about the risk
  • Does not need to be correct (but must be reasonable)

2. Serious Risk:

  • Risk that could result in death, serious injury, or serious illness
  • Not minor or trivial risks

3. Immediate or Imminent:

  • Hazard is present now or about to occur
  • Not future or potential hazards that can be controlled before work commences

Examples of When Right Applies​

Construction Examples​

✅ Appropriate to refuse:

Scaffolding collapse risk:

  • Scaffold partially collapsed overnight (strong winds)
  • Worker refuses to access scaffold until engineer inspects
  • Reasonable: Visible damage, serious fall risk, immediate hazard

Trench collapse:

  • Heavy rain overnight, water pooling in trench
  • Ground cracking at trench edge
  • Worker refuses to enter until benching/shoring installed
  • Reasonable: Ground instability, serious crush risk, imminent collapse hazard

Electrical hazard:

  • Exposed live wiring discovered in switchboard
  • Electrician refuses to work until power isolated
  • Reasonable: Electrocution risk, immediate hazard

Falling object risk:

  • Work being performed overhead, objects falling
  • Workers below refuse to continue until overhead work stopped or catch platforms installed
  • Reasonable: Serious head injury risk, immediate falling object hazard

When Right May NOT Apply​

❌ Not appropriate to refuse (examples):

Future risk with controls available:

  • Working at heights task tomorrow with fall arrest system available
  • Risk can be controlled before work commences
  • Not immediate or imminent hazard

Minor risk:

  • Minor cut risk from hand tools (normal work risk)
  • Not serious risk

Unreasonable concern:

  • Concern not based on actual hazard
  • Worker refuses all work at heights despite appropriate controls in place and training provided

Procedure When Ceasing Work​

Worker Actions​

If you have reasonable concern about serious, immediate risk:

  1. Cease work immediately

    • Stop performing the hazardous task
    • Move to safe location
    • Do not place yourself or others at risk

  2. Notify supervisor/PCBU

    • Explain concern clearly
    • Describe the hazard
    • State why you believe it's a serious risk

  3. Notify HSR (if there is one for your work group)

    • HSR can assist in raising issue
    • HSR may have power to direct cessation of unsafe work

  4. Remain available

    • Stay on site (unless unsafe to do so)
    • Participate in resolving the issue
    • Available for consultation

PCBU/Supervisor Response​

When worker ceases work:

  1. Take worker's concern seriously

    • Listen to explanation
    • Do not dismiss or minimize concern

  2. Assess the situation

    • Inspect the hazard
    • Determine if serious risk exists
    • Consider worker's experience and perspective

  3. If serious risk confirmed:

    • Implement controls before work resumes
    • May require engineering assessment, additional equipment, changed work method
    • Consult with worker and HSR

  4. If no serious risk identified:

    • Explain why you believe work is safe
    • Demonstrate controls in place
    • Provide additional information or training if needed
    • Try to resolve worker's concern

  5. If disagreement continues:

    • Follow issue resolution procedures
    • May request inspector to attend
    • Worker can continue to refuse until matter resolved

Issue Resolution Process​

If worker and PCBU disagree about whether serious risk exists:

Step 1: Discussion​

  • Worker, supervisor, HSR (if applicable) discuss issue
  • Attempt to reach agreement on controls or safety of work

Step 2: Senior Management​

  • If unresolved, escalate to senior manager
  • Further discussion and assessment

Step 3: Inspector​

  • Either party can request WorkSafe inspector to attend
  • Inspector assesses situation
  • Inspector may issue notice or take other action

During resolution process:

  • Worker not required to perform disputed work
  • Worker entitled to be paid
  • Worker may be directed to perform alternative work (if available and safe)

Reference: WHS Act s.80-82 (Issue Resolution)

Worker Protections​

No Adverse Action​

PCBU must NOT:

  • Dismiss worker for refusing unsafe work
  • Discipline worker for exercising this right
  • Discriminate against worker
  • Reduce hours or pay

If worker exercised right reasonably and in good faith.

It is an offence under WHS Act to take adverse action against worker for exercising WHS rights.

Payment During Work Refusal​

Worker entitled to be paid for time not working if:

  • Refusal was based on reasonable concern
  • Worker remained available
  • Worker participated in resolving issue

PCBU may direct worker to perform alternative safe work during this time.

HSR Power to Direct Cessation​

Health and Safety Representatives have additional power:

HSR may direct workers to cease work if HSR reasonably believes:

  • Work involves serious risk
  • From immediate or imminent exposure to hazard

HSR direction:

  • Must be in writing (or confirmed in writing as soon as practicable)
  • Workers must comply with HSR direction
  • Work ceases until matter resolved

PCBU must NOT direct workers to resume work until:

  • Matter resolved, OR
  • Inspector attends and authorizes resumption

Reference: WHS Act s.85

Practical Construction Examples​

Example 1: Scaffold Safety Concern​

Situation: Carpenter arrives at work, notices scaffold has missing bracing and leans noticeably.

Worker actions:

  1. Refuses to access scaffold
  2. Notifies supervisor: "Scaffold is unstable, bracing missing, serious fall risk"
  3. Notifies HSR

Supervisor response:

  1. Inspects scaffold with HSR
  2. Confirms bracing missing (removed by another trade)
  3. Agrees serious fall risk exists
  4. Tags scaffold "DO NOT USE"
  5. Contacts scaffolder to repair

Outcome:

  • Scaffolder reinstalls bracing, inspects scaffold
  • Supervisor and HSR inspect, agree now safe
  • Work resumes
  • Carpenter's refusal was reasonable, no adverse action

Example 2: Trench Collapse Risk​

Situation: Excavation crew arrives after heavy rain. Trench has water pooling, ground cracking at edge.

HSR actions:

  1. HSR observes conditions
  2. Reasonably believes serious risk (trench collapse, workers crushed)
  3. Issues direction to cease work
  4. Direction confirmed in writing: "Work to cease until geotechnical assessment completed and shoring/benching installed"

PCBU response:

  1. Work ceases immediately
  2. PCBU engages geotechnical engineer
  3. Engineer recommends benching and shoring
  4. Controls implemented
  5. HSR and workers consulted, agree controls adequate
  6. Work resumes

Outcome:

  • Serious injury prevented
  • HSR exercised power appropriately
  • Issue resolved through controls

Example 3: Electrical Hazard​

Situation: Electrician opens switchboard for maintenance, discovers exposed live wiring (previous work not completed properly).

Electrician actions:

  1. Immediately ceases work
  2. Closes switchboard (does not touch live wiring)
  3. Notifies supervisor: "Live exposed wiring, serious electrocution risk"
  4. Refuses to work until power isolated

Supervisor response:

  1. Views hazard (from safe distance)
  2. Confirms serious risk
  3. Arranges power isolation
  4. Allows electrician to make safe
  5. Investigates how hazard occurred

Outcome:

  • Power isolated, electrician makes safe
  • Incident investigation identifies training gap for previous tradesperson
  • Electrician's refusal was appropriate, prevented potential electrocution

Example 4: Dispute Resolution​

Situation: Worker refuses to operate excavator, claims hydraulic leak creates fire risk.

Initial response:

  • Supervisor inspects, finds minor hydraulic weeping (not active leak)
  • Supervisor believes no immediate fire risk, asks worker to continue
  • Worker disagrees, maintains refusal

Issue resolution process:

  1. Discussion: Supervisor, worker, HSR discuss. No agreement.
  2. Escalation: Site manager called, inspects excavator. Agrees with supervisor (minor weep, not immediate risk), but acknowledges worker's concern.
  3. Proposed solution: Site manager offers alternative excavator while original sent for repair. Worker agrees.
  4. Outcome: Worker operates alternative excavator (paid for day), original excavator repaired. Dispute resolved without inspector.

Responsibilities Summary​

Workers:​

  • Right to cease unsafe work (if reasonable concern about serious, immediate risk)
  • Duty to notify supervisor and HSR
  • Duty to participate in resolving issue
  • Duty to act reasonably and in good faith

PCBU/Supervisors:​

  • Duty to take worker concerns seriously
  • Duty to assess and control serious risks
  • Duty to follow issue resolution procedures
  • Prohibition on adverse action against workers exercising rights

HSRs:​

  • Power to direct cessation of unsafe work (if reasonable belief of serious risk)
  • Duty to represent workers in issue resolution
  • Duty to participate constructively in resolving issues

Key Principles​

Worker safety comes first: If genuine concern about serious, immediate risk, workers should not be required to continue.

Good faith: Right should be exercised genuinely (not to avoid work or cause disruption).

Consultation and resolution: Issues should be resolved through discussion, consultation, and implementing controls.

No punishment: Workers must not face adverse consequences for reasonably exercising this right.