ABSTRACT

Introduction In many jurisdictions the right of workers to stop work when they believe that there is a risk to their safety and health is enshrined in safety legislation, although in some cases it is not a general right to stop work, but requires some threat to the employees’ safety at the time. For example, safety and health legislation in Western Australia provides that an employee can refuse to work if “he or she has reasonable grounds to believe that to continue to work would expose him or her or any other person to a risk of imminent and serious injury or imminent and serious harm to his or her health.”† [emphasis added].