Resolving Safety and Health Problems
The Occupational Safety and Health Act requires employers, safety and health representatives and employees to attempt to resolve (work out) safety and health issues.
The Act encourages cooperation and consultation between employers and employees to resolve safety and health issues before they become disputes.
If you are working on a task that you believe is unsafe or unhealthy, these are the steps to take.
The first step is to talk to your supervisor and safety and health representative about the problem. They will then go to the employer whose responsibility it is to assess the risk.
Together you should agree on ways to resolve the problem. If you are in immediate danger then you should be given alternative work.
If an issue remains unresolved, either the employer or the safety and health representatives may request a WorkSafe Inspector to attend the workplace. Inspectors only become involved as a last resort.
Inspectors take whatever action under the Act they consider appropriate. Improvement and prohibition notices may be issued. Alternately, the Inspector may decide that no action is required.
The Right to Refuse Work
If you believe the work you are doing is dangerous and there is an immediate risk of serious injury or harm to yourself or others, then you can refuse to do this work.
You must tell your supervisor or employer and safety and health representative of your concerns.
The problem then has to be resolved by the employer and the safety and health representative or committee, or employees. If these people cannot resolve the matter, they may then request a WorkSafe Western Australia Inspector to attend the workplace.
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An employer can give you other work to do away from the danger. |
If you have refused to work on reasonable grounds, you are must receive the same pay and other benefits (if any) that you usually get, unless you have left the workplace without the authorisation of the employer or if you have refused to do reasonable alternative work.
If there are any unresolved problems related to your pay or benefits, you or the employer can refer your case to a Safety and Health Magistrate.
Self-Assessment Questions
Now try the self-assessment questions. Before starting the questions, be sure to enter your name exactly as you want it to appear on your certificate.
There are 16 questions and if you get 12 or more correct you can print online a WorkSafe Smart Move Certificate signed by the Minister for Consumer and Employment Protection.
