Refusing dangerous work

Under section 15 of the Occupational Safety and Health Act, you may refuse to work where you have reasonable grounds to believe that:

• the work presents a serious and imminent danger to you, or unusual circumstances have arisen that are hazardous to your health or life;
• a machine, device or piece of equipment you are to use is likely to endanger you or another worker;
• the physical condition of the workplace is likely to endanger you; or
• a breach of the Act at your workplace is likely to cause you injury.

1. Stop and get to a safe place.
2. Report it straight away to your supervisor or employer and to the safety and health committee if there is one. Say exactly what the danger is.
3. Put it in writing as soon as you can: the date, the time, the danger, and who you told.
4. Stay available. The employer and the committee should investigate with a worker representative present.
5. If it is not resolved, an OSH inspector can be called in. The inspector must investigate within 24 hours and give a written decision within 72 hours on whether the danger exists.

Section 20A of the Act says an employer must not dismiss you, threaten to dismiss you or penalise you because you acted in line with the Act.

• Members of the Defence Force, Police, Fire and Prison Services.
• Workers in hospitals, clinics and power plants, where refusing would directly endanger another person's life, safety or health.
• Where the danger is a normal part of the job and proper precautions are in place.

You must take reasonable care for your own safety and that of others, and use the protective equipment provided.