Workplace Health and Safety
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
Under the Work Health and Safety (WHS) Act 2011, your employer (called a PCBU — Person Conducting a Business or Undertaking) has a primary duty of care to ensure your health, safety, and welfare at work, so far as is reasonably practicable.
This means your employer must:
- Provide a safe work environment, safe equipment, and adequate training.
- Identify and manage risks to health and safety.
- Provide adequate facilities (toilets, drinking water, first aid).
- Consult with workers about health and safety matters that affect them.
Workers also have the right to elect Health and Safety Representatives (HSRs) who can represent them on safety issues, issue Provisional Improvement Notices, and direct a cease-work if there is a serious and immediate risk.
You have the right to cease or refuse unsafe work if you have a reasonable concern that carrying out the work would expose you to a serious risk to your health or safety.
When does it apply?
- You are a worker — this includes employees, contractors, subcontractors, apprentices, volunteers, and work experience students.
- The WHS Act applies to Commonwealth workplaces directly and has been adopted as model law by every state and territory except Victoria (which has its own OHS Act) and Western Australia (which adopted it in 2022).
What should you do?
- Report any hazard to your supervisor or Health and Safety Representative immediately.
- If there is a serious risk, you may cease work — tell your employer straight away and stay at the workplace.
- Report serious incidents (death, serious injury, dangerous incidents) to Safe Work Australia or your state/territory regulator immediately.
- If your employer retaliates, lodge a general protections claim with the Fair Work Commission.
What should you NOT do?
- Don't ignore safety concerns — even small hazards can lead to serious injuries.
- Don't assume raising safety issues will get you fired. The law protects you from retaliation under the adverse action provisions of the Fair Work Act (s 340-352).
- Don't tamper with or remove safety equipment — workers have a duty to comply with reasonable safety instructions.
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