Can my employees legally refuse to work alone under Australian workplace safety laws?
Yes. Under Australian WHS legislation, workers have the right to cease or refuse unsafe work[cite: 366]. If a worker reasonably believes working alone poses an imminent risk that has not been adequately controlled, they can legally stop work [cite: 367].
When Workers Can Say No to Lone Working
A worker can refuse work if they have a reasonable concern of imminent risk[cite: 370]. While they cannot refuse simply because they dislike it, failure by the employer to provide monitoring or conduct risk assessments makes a refusal likely to be defensible[cite: 371, 372]. Workers are protected from adverse action under WHS and Fair Work legislation [cite: 373].
How Employers Should Respond to a Refusal
- Take the concern seriously and investigate without pressure [cite: 375]
- Review the risk assessment and document steps taken [cite: 376]
- Implement additional controls before work resumes [cite: 377]
- Keep records of the concern and the outcome [cite: 378]
- Treat a refusal as a signal that others may share the concern [cite: 379]
Giving Workers Confidence and Employers Protection
The best defence is a robust safety system already in place[cite: 381]. Guardian Angel Safety gives workers visible protection — monitoring and check-ins — addressing the concerns that lead to refusals[cite: 382]. We also provide the documentation trail for regulators[cite: 383].