When a worker can stop, what they must do, and why they can't be punished for it
Under section 83 of the HSWA, a worker may cease or refuse to carry out work if they believe doing it would expose them, or anyone else, to a serious risk from an immediate or imminent hazard. It is a worker's genuine belief that counts. They must tell the PCBU as soon as practicable, and they cannot be disadvantaged or dismissed for stopping work in good faith. A trained health and safety representative can also direct a worker to cease unsafe work.
A worker may cease, or refuse to carry out, work if they believe that carrying it out would expose them, or any other person, to a serious risk to health or safety arising from an immediate or imminent exposure to a hazard.
The test is the worker's genuine belief — a subjective standard. A serious risk reflects both how likely harm is and how severe it could be, so a worker may stop if there is a real likelihood of harm even where the injury would be minor, as long as the hazard is immediate or imminent.
A worker who ceases work must, as soon as practicable, notify the PCBU that they have stopped. From there, the worker, the PCBU and any health and safety representative should work to resolve the issue. The worker can be given other suitable work in the meantime, and if the matter is not resolved, anyone involved can ask WorkSafe to help.
The right does not let a worker refuse work that, by its nature, inherently or usually carries an understood risk — unless that risk has materially increased beyond what is normally understood. In other words, you cannot refuse the ordinary, understood risks of a job, but you can stop when those risks suddenly become much greater than expected.
A health and safety representative who has completed the required initial HSR training can direct a worker to cease work that would expose them to a serious risk from an immediate or imminent hazard. This supports the worker's own right. A trained HSR can also issue a provisional improvement notice (PIN). See health and safety representatives.
It is against the law to discriminate against, dismiss, or otherwise take adverse action against a worker because they ceased unsafe work in good faith, raised a health and safety concern, or acted as an HSR. Workers are protected when they speak up — which is exactly what a strong safety culture depends on.
Give workers a simple way to raise concerns and stop-work events, and track how they are resolved. Book a demo and we'll show you how it works — free 30-day trial included.
Yes. Section 83 of the HSWA lets a worker cease or refuse work if they believe it would expose them or anyone else to a serious risk from an immediate or imminent hazard.
The test is the worker's genuine belief in a serious, immediate or imminent risk. They cannot be punished for stopping work in good faith, even if it later turns out the risk was not as serious as they believed.
Notify the PCBU as soon as practicable. The worker, PCBU and any HSR then work to resolve the issue, the worker can be given other suitable work meanwhile, and WorkSafe can be asked to help if it is not resolved.
Yes. A worker cannot refuse the ordinary, understood risks that come with the nature of their job, unless those risks have materially increased beyond what is normally understood.
No. It is against the law to dismiss or otherwise disadvantage a worker for ceasing unsafe work in good faith, raising a concern, or acting as a health and safety representative.
