Can I refuse to do unsafe work in Australia?

Yes. Under the model Work Health and Safety Act (s84), a worker may cease, or refuse to carry out, work if they have a reasonable concern that doing it would expose them to a serious risk to their health or safety from an immediate or imminent exposure to a hazard. The risk must be both serious and immediate or imminent — a trivial risk, or one that might arise some time later, generally does not meet the threshold. Victoria (Occupational Health and Safety Act 2004) and Western Australia (Work Health and Safety Act 2020) have equivalent provisions.

Do I still get paid if I stop unsafe work?

Yes. A worker who reasonably ceases unsafe work under the WHS Act remains employed and is entitled to be paid as if they had kept working. Your PCBU or employer may direct you to suitable alternative work that is safe and within your skills until the hazard is fixed (s85(2)).

What do I have to do if I cease unsafe work?

Notify your PCBU or employer of the cease as soon as practicable and tell them why (s85). Stay available — they may direct you to suitable alternative work until the hazard is controlled. Do not put yourself or others back into the unsafe situation, and if the risk is not fixed, contact your WHS regulator.

Can my boss sack me for refusing unsafe work?

No. It is unlawful for an employer to dismiss, demote, threaten or otherwise punish a worker for raising a genuine safety concern or exercising a work health and safety right. That is prohibited discriminatory or reprisal conduct under the model WHS Act (ss104-109), with equivalent protections in Victoria and Western Australia. If you face any consequence for ceasing unsafe work, contact your WHS regulator, your union or a workplace lawyer.

What if the safety risk is not immediate?

If the risk is real but not serious or not immediate or imminent, the right to simply stop work may not apply. You should still report the hazard to your PCBU or employer and your health and safety representative so it gets controlled, because the law requires risks to be managed even when they are not immediate. If the hazard is not addressed, you can raise it with your WHS regulator.

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 2026

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, that you stay paid and protected from reprisal, 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.

1. Your state or territory

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

You must notify them of the cease as soon as practicable — but 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

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

Your pay and your protection from reprisal

A worker who reasonably ceases unsafe work under the WHS Act stays employed and is entitled to be paid as if they had kept working (and your PCBU may offer suitable alternative work in the meantime). 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; equivalent protections apply in Victoria and WA).

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) and s85 (notify the PCBU as soon as practicable; you may be directed to suitable alternative work).

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.

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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.

Can I Refuse Unsafe Work? Cease Work Rights Checker

Check your right to cease unsafe work

Answer the questions to see where you stand

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