Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in
section 25 prevents an employee from refusing to work where 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.
(1a) In determining
whether an employee has reasonable grounds for the belief referred to in
subsection (1) it is relevant to consider whether an inspector has
attended the workplace upon being notified under section 25(1) of the
risk and whether —
(a) the
measures, if any, required by the inspector to be taken to remedy the matters
giving rise to the risk have been taken;
(b) the
requirements, if any, of the inspector to remedy the matters giving rise to
the risk have ceased to have effect; or
(c) the
inspector has determined that no action is required to be taken under this
Act.
(2) An employee who
refuses to work as mentioned in subsection (1) shall forthwith notify his
or her employer and, if there is a safety and health representative for the
workplace concerned, such safety and health representative, and the matter
shall be regarded as an issue to which section 24(1) applies.
(2a) An employee who
refuses to work as mentioned in subsection (1) shall not leave the
workplace concerned until the employee has notified the employer under
subsection (2) and that employer has authorised the employee to leave
that workplace.
(2b)
Subsection (2a) does not apply if the employee has reasonable grounds to
believe that to remain at the workplace concerned would expose the employee to
a risk of imminent and serious injury or imminent and serious harm to his or
her health.
(3) An employee who
contravenes subsection (2) or (2a) commits an offence.
[Section 26 inserted by No. 43 of 1987
s. 13; amended by No. 30 of 1995 s. 20 and 47; No. 51 of 2004
s. 102.]