Can I refuse to work if I feel it is unsafe?

You can stop or refuse work if you have a reasonable concern that doing it would expose you to a serious risk from an immediate or imminent exposure to a hazard (model WHS Act s84; VIC is structured differently). You must tell your PCBU (employer or other business operator) as soon as possible and follow any instruction to do safe alternative work (s86 and s87). Simple discomfort or difficulty does not count. These sections do not separately deal with pay for the time you stop, so check with the regulator in the state or territory where you work.

What safety training and protective gear do I get on day one?

SafeWork NSW explains that your induction when you start should cover how to use equipment and protective equipment, where the emergency exits and first aid are, evacuation procedures, who your supervisor and health and safety representative (HSR) are, and the safety policy and how to report. Training should be provided in a way you can understand, as far as possible. The PCBU must provide the protective equipment you need and cannot charge you for it (model WHS Act s273).

Where do I report a safety problem?

Contact the WHS regulator in the state or territory where you work (as at the time of writing; checked November 2026). NSW 13 10 50 · VIC 1800 136 089 · QLD 1300 362 128 · SA 1300 365 255 · WA 1300 307 877 · TAS 1300 366 322 · NT 1800 019 115 · ACT 13 22 81 . Safe Work Australia is not a regulator, so it is not the place to report.

Can I report anonymously, or without using English?

NSW takes anonymous reports through the 'Speak Up Save Lives' app, and the ACT and NT also allow anonymous reports. However, if you report anonymously the regulator cannot contact you, so further checking and replies may be limited. If English is difficult, ask for an interpreter (TIS National 131 450) when you call. The NSW, VIC and WA regulators explain how to use an interpreter.

What if I am penalised for raising a safety issue?

Dismissal or other disadvantage because you raised a safety issue is prohibited by the WHS Act as discriminatory conduct (model WHS Act s104–105), and so are actions or threats meant to coerce or induce someone about exercising their safety powers (s108). The general protections in the Fair Work Act (s340) may also apply, and if you were dismissed, the deadline to apply to the Fair Work Commission is 21 days. See the guide 'Workplace Problems & Wage Theft Reporting'.

Can I report a safety problem on a temporary visa?

Dismissing you, or changing your working conditions to your disadvantage, because you raised or reported a safety issue is discriminatory conduct prohibited by the WHS Act (model WHS Act s104–105). If you are worried about breaching your visa conditions, also see the guide 'Reporting exploitation & visa protection'.

Australian workplace safety rights — stopping unsafe work and reporting (WHS) - Toowoomba

Back to Guides

When work feels unsafe — your WHS safety rights and how to report

Australian workplace safety rights to know before you get hurt: induction, health and safety representatives (HSRs), the conditions and steps for stopping unsafe work, and how to report to your state or territory regulator.

Overview — safety rights to know before you get hurt

In Australia, quite apart from compensation after you are hurt at work, the law sets out safety rights that must be upheld before you get hurt. Business operators, including employers (PCBUs), must provide a safe workplace so far as is reasonably practicable. Workers have the right to safety information and training, the right to raise safety issues and take part in consultation, and the right to stop work when a risk meets the legal requirements (VIC is different). The model Work Health and Safety (WHS) Act, which the states and territories have used as their template, counts not only employees but also contractors, labour hire workers, trainees and volunteers as 'workers'.

Which law applies — it differs by state and territory

Most private workplaces are covered by state and territory health and safety laws, not federal law. NSW, QLD, the ACT, NT, SA and TAS apply the model WHS Act, and WA uses its own WHS Act 2020. VIC uses the OHS Act 2004. It has no provision giving an individual the right to stop work like model Act s84; instead, an employer or HSR directs work to stop after consultation (OHS Act s74). In VIC too, dismissal or other disadvantage because you raised a safety issue is prohibited (OHS Act s76), and if the situation is urgent, make yourself safe first. The section numbers on this page follow the model Act, so they may differ in WA and VIC. Depending on the state and the sector, separate regulators look after areas such as mines, offshore petroleum facilities and the federal public sector (Comcare). In WA, WorkSafe WA also covers mining.

Safety duties of a PCBU (employer)

The model WHS Act calls business operators, including employers, a PCBU (Person Conducting a Business or Undertaking). A PCBU has a primary duty of care to protect the health and safety of workers so far as is reasonably practicable. This means providing a safe work environment and safe ways of working, the information, training and supervision workers need, and welfare facilities such as toilets (s19). Where several PCBUs are involved, as with subcontracting or labour hire, they must consult and cooperate with each other.

HSRs and consultation

A PCBU must consult workers on safety matters that affect them (s47–49), and workers can ask the PCBU to arrange the election of a health and safety representative (HSR) (s50). An HSR represents the workers in their work group, investigates complaints and inspects for hazards, and the PCBU must give the HSR information, resources and time for training.

Safety induction when you start — information, training and instruction suited to the job and its risks, in a way you can understand

Workers' rights and duties

Under the model Act (excluding VIC), a worker can stop or refuse work if they have a reasonable concern that doing the work would expose them to a serious risk to their health or safety, arising from an immediate or imminent exposure to a hazard (s84). If you stop, you must tell the PCBU as soon as possible and remain available for alternative work (s86), and the PCBU can direct you to do safe alternative work (s87).

HSR direction to stop work (s85) — a separate power. Only an HSR who has completed training can use it, and consultation and attempts at resolution come first (except in urgent cases)
Worker duties (s28) — you must take reasonable care for your own safety and that of others, and follow the PCBU's reasonable instructions

4 hazard types to know about

Here are the hazards you could meet in any industry, grouped into 4 types. This page does not cover how to do the work, only your rights and how to report.

Physical hazards (falls, machinery)

Hazards that can physically harm you, such as noise, falls and moving heavy objects. A PCBU must identify and assess risks and eliminate or reduce them as far as possible, and there are Codes of Practice (practical guidance) for specific hazards. For farm work, see the guide 'Farm and harvest work rights'.

Chemical, dust and asbestos hazards

Hazards that can harm the respiratory system and skin, such as chemicals, asbestos and dust. The model Regulations require that workers who handle hazardous chemicals have easy access to the safety data sheet (SDS), and there are separate Codes of Practice for managing asbestos and for labelling chemicals.

Heatwaves, heat stress

The model Regulations require a PCBU to make sure, so far as is reasonably practicable, that work in extreme heat or cold is not dangerous. There is no legal rule saying work must stop above a certain temperature. For UV, see the guide 'Sun and UV Safety'.

Psychosocial hazards (bullying, etc.)

Hazards such as excessive workloads, bullying, violence and isolated work. The basis is the model WHS Regulations and the Code of Practice, but implementation differs between states and territories, and VIC's psychological health regulations came into effect on 1 December 2025. If you are struggling, call Lifeline on 13 11 14.

Responding to and reporting a hazard

If it is safe and appropriate, raise it at work first. If it is not resolved, or it is hard to speak up, contact the regulator in the state or territory where you work. Safe Work Australia is a policy body, so it is not the place to report.

In an emergency, call 000 first — if someone is hurt or a life is in danger, contact emergency services before the regulator.
Do not leave it at a conversation — keep a record — note the date, place and who you told, and put it in writing by text or email.
More than one place to speak up — raise it with your supervisor or HSR and, if you are on labour hire or a work placement, the organisation that placed you.

Myths and mistakes

Safety rights come with conditions, so they are easy to misunderstand. These 5 points are especially easy to get wrong.

The myth that "you can stop work above a certain temperature" — Safe Work Australia explains that there is no single 'stop-work temperature' and that the PCBU must eliminate or reduce the risk.
The myth that "you can refuse if work is uncomfortable or hard" — this right is for situations where you have a reasonable concern about a serious risk from an immediate or imminent exposure to a hazard. You must tell the PCBU you have stopped and follow any instruction to do safe alternative work.

Life in Australia Guide