What should I do if I witness a workplace safety violation?

Okay, here's a breakdown of what to do if you witness a workplace safety violation, based on the provided Australian legislative context:

In Plain English

If you see something at work that you think is unsafe, here's what you should do:

  1. Report it: Tell your supervisor or manager about the problem right away.
  2. Health and Safety Representative (HSR): If your workplace has a health and safety representative, you can report the issue to them. They have the right to investigate complaints and can help resolve the issue.
  3. Stop work (if necessary): If you believe the situation poses a serious and immediate risk to your health or safety, you have the right to stop working. Tell your supervisor as soon as possible. A health and safety representative can also direct you to stop work if they have a reasonable concern about your safety.
  4. Alternative work: If you stop work due to safety concerns, your employer can ask you to do a different, safe job until the original problem is fixed.
  5. External Help: If the issue isn't resolved internally, you or your HSR can contact the relevant WHS regulator (like NOPSEMA for offshore petroleum and greenhouse gas storage facilities) or an inspector to investigate.

Detailed Explanation

Here's a more detailed explanation of your rights and responsibilities, with references to the relevant legislation:

  1. Reporting to the Person Conducting a Business or Undertaking (PCBU) / Employer:
  2. Involving Health and Safety Representatives (HSRs):
  3. Right to Cease Unsafe Work:
    • Under the Work Health and Safety Act 2011, a worker may cease, or refuse to carry out, work if the worker has a reasonable concern that to carry out the work would expose the worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard.
    • An HSR can direct a worker to cease work if they have a reasonable concern about a serious and immediate risk Work Health and Safety Act 2011.
    • The worker must notify the PCBU as soon as practicable Work Health and Safety Act 2011.
  4. Alternative Work:
    • If you cease work due to a safety concern, the PCBU may direct you to carry out suitable alternative work at the same or another workplace if that work is safe and appropriate Work Health and Safety Act 2011.
  5. External Investigation:
  6. Confidentiality:

Important Considerations: