Section 28: WHS Duties of Workers

Regulatory citation: Work Health and Safety Act 2011 (model law), Section 28

What Are the WHS Duties of Workers?

Section 28 of the Work Health and Safety Act 2011 sets out the duties that every worker holds while at work. Safety is not only the responsibility of the business. Workers, including employees, contractors, subcontractors, labor hire workers, apprentices, work experience students and volunteers, must also take reasonable care and cooperate with reasonable safety requirements.

Why the Worker Duty Matters

WHS law is built on shared responsibility. The PCBU has the primary duty of care, but safe outcomes depend on workers following procedures, using controls properly and looking out for one another. Section 28 makes those expectations a legal duty, not just a workplace rule.

The Four Duties Under Section 28

While at work, a worker must:

1. Take Reasonable Care for Their Own Health and Safety

Workers must act in a way that avoids putting themselves at unnecessary risk, such as following safe work procedures and using equipment as intended.

2. Take Reasonable Care That They Don't Harm Others

Workers must take reasonable care that their acts or omissions do not adversely affect the health and safety of other people, including co-workers, visitors and members of the public.

3. Comply With Reasonable Instructions

Workers must comply, so far as they reasonably can, with any reasonable instruction given by the PCBU to allow the PCBU to comply with the WHS Act.

4. Cooperate With Reasonable Policies and Procedures

Workers must cooperate with any reasonable policy or procedure of the PCBU relating to health or safety at the workplace that has been notified to them.

How the Worker Duty Relates to Other Duties

A worker's duty is limited to what is within their control. A worker is not expected to fix hazards they have no authority or resources to address, but they are expected to follow instructions, report hazards and use the controls provided. The PCBU remains responsible for providing a safe workplace, safe systems of work, training and supervision. Section 29 separately places similar duties on other people at the workplace, such as visitors.

Common Compliance Approaches

Clear Induction and Procedures

Workers can only follow procedures they know about. Site inductions, toolbox talks and accessible safe work procedures make sure policies are properly notified.

Easy Hazard Reporting

Simple, mobile-friendly ways to report hazards and near misses help workers meet their duty to take reasonable care for others.

Correct Use of PPE and Controls

Workers must use personal protective equipment and other controls as instructed and trained. Supervisors should reinforce this through regular observations and coaching.

Example: Worker Duties in Practice

A maintenance technician is told to replace a conveyor belt. The site's procedure requires the conveyor to be isolated and locked out before work begins. The technician follows the procedure, applies a personal lock and tests that the conveyor won't start. While working, they notice a damaged guard on the next conveyor and report it immediately. By following the instruction, cooperating with the isolation procedure and reporting a hazard that could hurt someone else, the technician is meeting their Section 28 duties.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Who counts as a worker under WHS law?

Under the model WHS Act, a worker is anyone who carries out work in any capacity for a PCBU. That includes employees, contractors and subcontractors and their employees, labor hire workers, outworkers, apprentices and trainees, work experience students and volunteers. The broad definition means safety duties apply to almost everyone doing work, not just direct employees.

Can a worker be prosecuted under WHS law?

Yes. Workers can be prosecuted if they fail to meet their duties under Section 28, for example by deliberately ignoring safety procedures or putting others at risk. In practice, regulators focus most enforcement on PCBUs and officers, but serious or reckless worker conduct can lead to penalties. The duty is limited to what is reasonable for the worker, given their role and level of control.

Does a worker have to follow an unsafe instruction?

No. The duty is to comply with reasonable instructions. Under the model WHS Act, workers also have the right to cease or refuse to carry out work if they have a reasonable concern that doing so would expose them to a serious risk from an immediate or imminent hazard. Workers should raise the concern with their supervisor or health and safety representative straight away.