Ceasing unsafe work
In performing their role, a health and safety representative (HSR) may become aware of situations where they have a reasonable concern that workers in their work group may be exposed to a serious health and safety risk if they carry out their work. HSRs are able to stop this unsafe work. This is also referred to as the right to cease work.
Cease work provisions are set out in sections 85 and 85A of the Work Health and Safety Act 2011.
In most cases, a HSR’s direction to stop work should be given via the required written notice only after the HSR has attempted to consult with the person conducting a business or undertaking (PCBU) to resolve the issue.
However, there may be circumstances where the risk to workers is so serious and immediate or imminent that workers should be directed to stop work (or not start their work) before consultation occurs. In this case, the direction can be made orally to workers, with a written notice given to the PCBU and consultation to resolve the issue happening as soon as possible after that.
The HSR, PCBU or worker may also:
- ask Work Health and Safety Queensland (WHSQ) to appoint an inspector to assist in resolving an issue arising in relation to ceasing work; or
- immediately apply to the Queensland Industrial Relations Commission for an order in relation to the issue (no need to wait 24 hours).
HSRs must have completed their required training to direct stopping unsafe work. Learn more about the prescribed training requirements for HSRs.
Serious risks and when the right to cease work applies
The term ‘serious risk’ captures risks that may cause death or serious injury or illness, including diseases of long latency from immediate exposure to a hazard such as crystalline silica dust, and circumstances of psychological threat.
For the right to cease work to apply, the risk (the likelihood of it occurring and the consequences if it did) would have to be considered ‘serious’ and come from an immediate or imminent exposure to a hazard. For example, a worker working at heights with no fall arrest system, or a worker removing asbestos without using the appropriate safe work methods or personal protective equipment.
Issuing a cease work notice to the PCBU after consultation has failed to resolve the issue
A HSR may give a written cease work to the PCBU if—
- the HSR has a reasonable concern that carrying out the work would expose a worker to a serious risk to the worker’s health or safety, emanating from an immediate or imminent exposure to a hazard; and
- the worker is in a work group represented by the HSR; and
- the HSR has consulted the PCBU and the matter remains unresolved after attempting to resolve the matter; and
- the HSR has completed the relevant HSR training.
After receiving a cease work notice, the PCBU must direct workers to cease work.
The HSR must display a copy of the cease work notice in a prominent way in an area used by the workers who are in the work group. For example, on a noticeboard or the staff intranet page. The notice should be displayed as soon as practicable.
Issuing an immediate cease work direction to workers
Where the risk of exposing workers is so serious and immediate or imminent that it’s not reasonable to consult, a HSR may direct the worker, or workers in the HSR’s work group to cease work without consulting the PCBU about the matter or attempting to resolve the matter.
In this situation, a direction to stop unsafe work can be given verbally.
However, as soon as possible after issuing this cease work direction, the HSR must:
- give a copy of the cease work notice to the PCBU; and
- consult with the PCBU to attempt to resolve the matter; and
- display a copy of the notice in a prominent way in an area used by the workers who are in the work group.
Contents of a cease work notice
A cease work notice must state:
- details of the HSR and workgroup
- whether the direction was given to the PCBU or the workers
- confirmation the HSR has completed the required training
- confirmation the HSR has consulted and attempted to resolve the matter
- a brief description of the concern and basis for that concern with reference to
- the risk to the worker’s or workers’ health or safety, and
- the work that, if carried out, will expose the worker to a serious risk to their health or safety.
- the date and time the notice was issued, or the direction was given.
The cease work notice should also include details of the PCBU and the person the notice was given to. Work Health and Safety Queensland has a Cease Work Notice template (PDF, 0.13 MB) for use by HSRs that complies with the requirements of the WHS Act.
How long does the cease work notice remain in effect?
A direction remains effective until—
- the direction is withdrawn in writing by the HSR; or
- the issue is resolved with the assistance of an inspector; or
- an inspector issues a prohibition notice in relation to the matter; or
- the Queensland Industrial Relations Commission decides or deals with the dispute.
Review of the inspector decision
If an inspector has been appointed to assist the parties reach an agreement or resolve the dispute, the inspector’s decision may be able to be reviewed.
Related links
- Review of decisions
- Cease Work Notice template (PDF, 0.13 MB)
- Form 17 - Application for internal review of a decision (PDF, 0.27 MB)
- Worker Representation and Participation Guide
Additional support
HSR Support Service
Elected HSRs can request advice from the regulator by contacting the HSR Support Service on:
- Phone: 1300 633 419
- Email: whstraining@oir.qld.gov.au