Act Part 6 - Resolution of Safety and Health Issues

Question 1

The Act provides for the refusal by employees to work in certain cases.

(a) On what grounds may an employee refuse to work for safety and health reasons?
(b) Who must be notified by such an employee of their refusal to work for safety and health reasons?
(c) What arrangements may be made for the continuation of work under such circumstances?
(d) How is an employee to be paid if they refuse to work for safety and health reasons and what limitations apply to the payment?

Answer 1

(a) Where the employee has reasonable grounds to believe that to continue to work would expose that employee or other people to serious or imminent injury or harm to health.

(b) That employee must immediately notify:
- Their employer
- If their employer is not at the mine, notify the Mine Manager
- OHS Representative

(c) That employee may be given reasonable alternative work until they resume their usual work.
(d) That employee is entitled to receive pay & benefits as would have been received with usual work.

This does not apply if:

• That employee leaves the mine without authorisation of that employer.
• That employee refuses to do reasonable alternative work.