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Can I Refuse Unsafe Work? Cease Work Rights Checker

Check your right to cease or refuse unsafe work under the WHS Act — when it applies, how to do it, and your protection from reprisal.

Last verified: 21 June 2026Jump to calculator ↓

Under the model WHS Act (s84), a worker can cease or refuse unsafe work when they have a reasonable concern that it would expose them to a serious risk from an immediate or imminent hazard. This tool tells you whether your situation likely meets that threshold, what you must do, how your job and protection from reprisal are kept, and who your regulator is — for every Australian state and territory.

If you are in danger right now, move to safety first.

This tool gives general information about your right to cease unsafe work. It does not decide your situation and is not legal advice.

Check your right to cease unsafe work

Answer a few questions to see whether your situation likely meets the cease-work threshold, what you must do, and how you are protected. Your answers stay in your browser.

2. Is the risk a serious risk to your health or safety?

A serious risk could cause death, a serious injury or illness — not a minor or trivial one.

3. Is the exposure to the hazard immediate or imminent?

Immediate means it is happening now; imminent means it is about to happen — not a risk that might arise some time later.

4. What is your concern based on?

5. (Optional) Have you told your PCBU or employer that you have stopped (or want to stop)?

You must notify them as soon as practicable — but it isn't a precondition, and you can still cease first if you are facing a serious, immediate risk.

Answer the questions to see where you stand

We can't assess your situation until you've answered each question above.

What to do next

  1. Complete each question to get a verdict.
  2. If you are in immediate danger right now, move to safety first.

Your job, pay and protection from reprisal

Ceasing unsafe work under the WHS Act does not break your continuity of engagement, as long as you don't unreasonably refuse suitable alternative work (model WHS Act s88), and your PCBU can direct you to suitable alternative work in the meantime (s87). Whether you are paid for any time you are not working can depend on your award, agreement and the circumstances — keep working on alternative duties if offered, and get advice if pay is stopped. It is unlawful for your employer to sack, demote, threaten or otherwise punish you for raising a genuine safety concern or exercising a WHS right — that is prohibited discriminatory or reprisal conduct (model WHS Act ss104-109; WA has the same protections, and in Victoria the OHS Act 2004 s76 protects employees who raise health and safety issues).

Your WHS regulator

SafeWork NSW — 13 10 50 (official page)

Under the Work Health and Safety Act 2011 (NSW).

The law: Model WHS Act s84 (a worker may cease, or refuse to carry out, work if they have a reasonable concern that carrying it out would expose them to a serious risk from an immediate or imminent exposure to a hazard), s86 (notify the PCBU as soon as practicable), s87 (you may be directed to suitable alternative work) and s88 (continuity of engagement). Separately, s85 lets a trained health and safety representative direct that unsafe work cease.

This is general information about your work health and safety rights, not legal advice, and does not decide your situation. The right to cease work turns on the specific facts. If you are unsure, or if you face any consequence for raising a safety concern, contact your WHS regulator, your union or a workplace lawyer for advice.

Looking after the wider safety picture? Try the WHS Quick Check or browse the Safety Hub for the full set of work health and safety tools.

Cited answers from the Fair Work Act, modern awards and Fair Work Commission decisions. 1 free question, 1 more with a free account.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

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