Some business operations are restricted under state or territory government public health directions. If you want to know what restrictions on business operations apply to your workplace, go to your state or territory government website.
You can also go to our Public health directions and COVIDSafe plans page for links to enforceable government directions.
Businesses must only operate to the extent permissible in each state and territory. The information provided below outlines measures which cover all aspects of services offered by the industry – depending on what is permissible in your jurisdiction, some sections may not be currently relevant to your business. You should check any relevant advice from your state or territory regarding working from home in response to COVID-19.
Safe Work Australia does not regulate or enforce WHS laws or COVID-19 restrictions on business operations. If you want to know how WHS laws apply to you or need help with what to do at your workplace, contact the WHS regulator in your jurisdiction.
Workers are entitled to:
- elect a health and safety representative (HSR) if they wish to be represented by one
- request the formation of a health and safety committee
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and
- not be discriminated against for raising health and safety issues.
Health and safety representatives (HSR)
Your workers can ask you to facilitate the election of one or more HSRs for the workplace.
An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent. There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between you and the workers.
You must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator.
Workers’ right to stop work
In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right if there is a reasonable concern that the worker will be exposed to a serious risk to their health and safety from an immediate or imminent hazard. This could include exposure to the COVID-19 virus.
In most circumstances, the HSR will need to consult with you before they direct workers to stop work.
If a worker stops work because it is unsafe, they need to tell you as soon as possible. The worker must then be available to carry out suitable alternative work, including doing other tasks that they are trained or able to do, or performing their work from another location, such as working from home.
Discrimination
You cannot discriminate against or disadvantage workers for raising work health and safety concerns in the workplace.
You also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.
You should encourage your workers to raise any concerns they have about work health and safety in your workplace, including in relation to the COVID-19 virus.
The COVID-19 pandemic has created an unprecedented situation for everyone. As a small business it is understandable you may have concerns about how to continue to meet your WHS duties at this time. There are a number of practical steps you can take to manage the risk of exposure to COVID-19 at your workplace and meet your legal obligations.
Here are some ideas to help you get started thinking about what you can reasonably do to keep people safe at your workplace.
For more WHS information and resources for small business, go to the COVID-19 Small business hub.
Some business operations are restricted under state or territory government public health directions. If you want to know what restrictions on business operations apply to your workplace, go to your state or territory government website.
You can also go to our Public health directions and COVIDSafe plans page for links to enforceable government directions.
Businesses must only operate to the extent permissible in each state and territory. The information provided below outlines measures which cover all aspects of services offered by the industry – depending on what is permissible in your jurisdiction, some sections may not be currently relevant to your business. You should check any relevant advice from your state or territory regarding working from home in response to COVID-19.
Safe Work Australia does not regulate or enforce WHS laws or COVID-19 restrictions on business operations. If you want to know how WHS laws apply to you or need help with what to do at your workplace, contact the WHS regulator in your jurisdiction.
Workers are entitled to:
- elect a health and safety representative (HSR) if they wish to be represented by one
- request the formation of a health and safety committee
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and
- not be discriminated against for raising health and safety issues.
Health and safety representatives (HSR)
Your workers can ask you to facilitate the election of one or more HSRs for the workplace.
An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent. There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between you and the workers.
You must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator.
Workers’ right to stop work
In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right if there is a reasonable concern that the worker will be exposed to a serious risk to their health and safety from an immediate or imminent hazard. This could include exposure to the COVID-19 virus.
In most circumstances, the HSR will need to consult with you before they direct workers to stop work.
If a worker stops work because it is unsafe, they need to tell you as soon as possible. The worker must then be available to carry out suitable alternative work, including doing other tasks that they are trained or able to do, or performing their work from another location, such as working from home.
Discrimination
You cannot discriminate against or disadvantage workers for raising work health and safety concerns in the workplace.
You also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.
You should encourage your workers to raise any concerns they have about work health and safety in your workplace, including in relation to the COVID-19 virus.
Some business operations are restricted under state or territory government public health directions. If you want to know what restrictions on business operations apply to your workplace, go to your state or territory government website.
You can also go to our Public health directions and COVIDSafe plans page for links to enforceable government directions.
Businesses must only operate to the extent permissible in each state and territory. The information provided below outlines measures which cover all aspects of services offered by the industry – depending on what is permissible in your jurisdiction, some sections may not be currently relevant to your business. You should check any relevant advice from your state or territory regarding working from home in response to COVID-19.
Safe Work Australia does not regulate or enforce WHS laws or COVID-19 restrictions on business operations. If you want to know how WHS laws apply to you or need help with what to do at your workplace, contact the WHS regulator in your jurisdiction.
You are entitled to:
- elect a health and safety representative (HSR) if you wish to be represented by one
- request the formation of a health and safety committee
- cease unsafe work in certain circumstances
- have health and safety issues at the workplace resolved in accordance with an agreed issue resolution procedure, and
- not be discriminated against for raising health and safety issues.
Health and safety representatives (HSR)
You can ask your employer to facilitate the election of one or more HSRs for the workplace.
An HSR is elected by a work group (e.g. all workers in the office part of a manufacturing complex, or all people on the night shift) to represent the health and safety interests of the work group. An HSR must be a member of the work group they represent). There can be as many HSRs and deputy HSRs as needed after consultation, negotiation and agreement between workers and the PCBU.
Your employer must keep a current list of all HSRs and deputy HSRs for the workplace and display a copy. A list must also be provided to the WHS regulator.
Right to stop work
In some circumstances, workers, or their HSRs have the right to refuse to carry out or stop unsafe work. They have this right if there is a reasonable concern that the worker will be exposed to a serious risk to their health and safety from an immediate or imminent hazard. This could include exposure to the COVID-19 virus.
If you stop work because it is unsafe, you need to tell your employer as soon as possible. You must also then be available to carry out suitable alternative work, including doing other tasks that you are trained or able to do, or performing your work from another location, such as working from home.
In most circumstances, your HSR will need to consult with your employer before they direct you to, and you can, stop work.
Right not to be discriminated against
You should raise any concerns you have about work health and safety (WHS) in your workplace with your employer – including in relation to the COVID-19 virus. Your employer can not discriminate against or disadvantage you for raising work health and safety concerns in the workplace.
Your employer also cannot discriminate against or disadvantage HSRs in the workplace for performing their HSR role.
Who can help?
If you feel you have been discriminated against for raising a WHS issue, or because of your role as an HSR, please contact your WHS regulator or the Fair Work Ombudsman on 13 13 94.
If you are a member of a trade union or employee association, they may also be able to help you.
If you feel you have been discriminated against on other grounds, you may prefer to raise your concerns with the Australian Human Rights Commission on 1300 656 419 or your relevant state or territory anti-discrimination body.