Workplace Health and Safety in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Under the Work Health and Safety (WHS) Act 2011, your employer — known in the statute as a PCBU (Person Conducting a Business or Undertaking) — owes a primary duty of care to ensure health, safety, and welfare at work so far as is reasonably practicable. The reasonably-practicable qualifier is what most disputes turn on.
The PCBU has to:
- Provide a safe 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 on safety matters that affect them.
Workers can elect Health and Safety Representatives (HSRs). HSRs can issue Provisional Improvement Notices (PINs) and direct a cease-work where there is a serious and immediate risk — a real power, not a symbolic one.
You also have the personal right to cease or refuse unsafe work on a reasonable concern of serious risk. Refusal under the WHS Act is protected; retaliation against it is unlawful.
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 to Do If Your Australian Workplace Is Unsafe or Ignoring Safety Hazards
- 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.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does workplace health and safety 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 I do if my workplace in Australia has unsafe conditions my employer won't fix?
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 mistakes should I avoid with workplace health and safety?
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.
Workplace Health and Safety in other states
Same topic, different jurisdiction. Pick the one that applies to you.