Hi there. In Australia, employers have a legal duty to ensure, as far as reasonably practicable, the health and safety of their employees while at work. This means that employers must provide a safe work environment without risks to health and safety, maintain equipment and premises, provide appropriate training and supervision, and ensure the health and safety of employees is monitored on an ongoing basis.

If an employer asks you to do something that could result in injury or death, they would be breaching their obligations under Queensland and national workplace health and safety laws. If you are put in a position that poses a risk to your health or safety, you should raise the matter with your supervisor. Alternatively, you can lodge a formal complaint with Workplace Health and Safety Queensland at www.worksafe.qld.gov.au.

Remember that employees also have a duty to take reasonable care for their own health and safety. As an employee, you have a responsibility to avoid putting yourself in a position that would pose a risk to your health or safety.

If you refuse to follow an instruction from your employer because it might result in injury or death, and your employer terminates your employment, you would have a legal claim against your employee to get your job back and/or claim compensation. This is known as an ‘unfair dismissal’ claim because you would have lost your job in a harsh, unjust or unreasonable manner. An unfair dismissal claim is available to most employees, and must be made within 21 days of the employment being terminated. More information about unfair dismissal can be found at www.fairwork.gov.au.