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When is working alone not ok? Lone worker law and legislation

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What is classed as lone working? Is it legal to work alone? Legislation and regulations for working alone What is the law on lone working? Is it legal for one person to work overnight? Is it illegal for an apprentice to work alone? Are you allowed to work alone in a factory? Can a 16 year old work alone? Are you allowed to work alone in a shop? Lone worker risks and hazards Health and safety for lone workers Lone worker risk assessment Monitoring employees using lone worker apps For many organisations, lone working increases productivity, flexibility and allows businesses to operate on a wider scale. However, despite this, there are a number of risks that pose a threat to lone working staff. Lone workers do not have access to immediate help should an accident occur which often makes their roles more dangerous than office-based jobs. If a lone worker suffers a fall, is attacked by an assailant or has a medical accident and is unable to call for help, they could be seriously harmed. So how can you ensure that your lone working staff are protected whilst at work? In this article, we’ll discuss the main risks and hazards associated with lone working, the Health and Safety legislation in Australia and some different scenarios where lone working may be considered unsafe.

What is classed as lone working?

Lone working is when work activities are carried out without the direct and immediate support of supervisors or colleagues. To put it simply, if an employee cannot be seen or heard by a colleague, they are lone working, whether that is for all or part of their working day.

What does the term ‘Isolated worker’ mean?

An isolated worker is another way to describe a lone worker. According the Government of Western Australia; “a worker can be isolated from other persons by the time, location or nature of the work. ‘Isolated’ usually refers to a person who is alone in any place as part of their work”.

Is it legal to work alone in Australia?

It is not against the law to work alone in Australia. Working alone is completely legal and in most cases it is safe to do so. However, a risk assessment should be carried out on lone working activities so employers can assess and mitigate any potential dangers to their staff.

Does the law differ between states in Australia?

Each territory has its own Work Health and Safety (WHS) laws and its own regulator to enforce them. The WHS framework for each state includes: Act – outlines broad responsibilities. Regulations – sets out specific requirements for particular hazards and risks, such as noise, machinery, and manual handling. Codes of practice – provides practical information on how you can meet the requirements in the Act and Regulations. Regulating agency – administers WHS laws, inspects workplaces, provides advice and enforces the laws Although each state has variations, each territory must adhere to their Occupational Safety and Health Act (OSH) or Work Health and Safety Act (WHS). Details of each can be found here. OSH and WHS Acts in Australia by territory: 
  • Australian Capital Territory – Work Health and Safety Act 2011 (ACT)
  • New South Wales – Work Health and Safety Act 2011 (NSW)
  • Northern Territory – Work Health and Safety (National Uniform Legislation) Act 2011 (NT)
  • Queensland – Work Health and Safety Act 2011 (Qld)
  • South Australia – Work Health and Safety Act 2012 (SA)
  • Tasmania – Work Health and Safety Act 2012 (Tas)
  • Victoria – Occupational Health and Safety Act 2004 (Vic)
  • Western Australia – Occupational Safety and Health Act 1984 (WA)
  • Commonwealth Australia -Work Health and Safety Act 2011 (Cwth)

What is the OSH Act?

The Occupational Safety and Health Act (OHS), along with the Work Health and Safety Act (WHS) are the legislations that govern Work Health and Safety practices in Australia. Each territory has their own version, but each covers similar guidance to ensure a balanced and consistent framework for health and safety practices in their area. The OSH Act applies to Victoria (2004) and Western Australia (1984). According to the Australian Government website; “Work Health and Safety (WHS) – sometimes called Occupational Health and Safety (OH&S) – involves the management of risks to the health and safety of everyone in your workplace. This includes the health and safety of anyone who does work for you as well as your customers, visitors and suppliers. Not taking action could also result in prosecution, fines and loss of your skilled staff”.

What is the WHS Act?

As with the OSH Acts, the Workplace Health and Safety Acts (WHS) are there to provide a balanced and nationally consistent framework to secure the health and safety of workers and workplaces. A variation of the WHS Act applies to all states except for Victoria and Western Australia, where it is called the Occupational and Health Act (OHS).

What is Safe Work Australia?

Safe Work Australia develops policy for Work Health and Safety and workers’ compensation – helping to improve WHS across Australia. Safe Work Australia does not regulate or enforce WHS laws. State and territory governments regulate and enforce the health and safety laws in their jurisdiction.

What is the law on lone working?

A lone working employee is still subject to all the requirements stated within the WHS and OSH Acts relevant for their state. As working alone can put an employee at higher risk due to not being under direct supervision in an emergency, it is especially important to ensure that any lone workers are risk assessed, provided with adequate safety equipment and communicated with regularly. Section 3.3 of the Occupational Safety and Health Regulations (1996) requires that: Isolated employees to have communication for emergencies. If an employee is isolated from other persons because of the time, location or nature of the work then the employer must ensure that — (a) there is a means of communication available which will enable the employee to call for help in the event of an emergency; and (b) there is a procedure for regular contact to be made with the employee and the employee is trained in the procedure. Alongside this, employers should also implement their own regulations to help ensure the safety of their lone workers. These could include:
  • Conducting thorough lone worker risk assessments
  • Producing a written health and safety policy and ensuring all employees understand it
  • Taking steps to reduce or eliminate risk in order to create a safe working environment
  • Providing information, instructions, lone worker training and supervision where appropriate
  • Regularly reviewing and improving upon lone worker risk assessments and policies
WorkSafe Queensland have produced a video which covers the issues facing lone and isolated workers.

Can employers legally ask someone to work a night shift alone?

Employers can legally require one person to work overnight alone. Security guards regularly monitor buildings alone throughout the night, whilst other roles such as hotel receptionists or petrol station attendants may work alone out of hours. Employees who work in these roles may be seen as easy targets for threats, such as theft or violence, and extra precautions should be put in place.

Is it legal for an apprentice to work alone?

It is legal for an apprentice to work alone if it is safe to do so. Employers have the same responsibilities to apprentices as they do any other employee. Therefore, they hold a primary responsibility for the health and safety of the apprentice and are required to carry out risk assessments and manage any potential threats.

Are you allowed to work alone in a factory?

Working alone in a factory is also allowed. However, the job role being carried out alone in the factory should be taken into consideration. For example, if operating machinery, you must ensure it is suitable for one person to do this alone. You should also take into consideration how an alarm can be raised in an emergency and what the response time is likely to be.

Are you allowed to work alone in a shop?

Working alone in a shop is common practice. Extra safety measures should be taken however, as lone shop workers can become easy targets for robberies and other crimes. A risk assessment must also be carried out and consider the local crime rates, employee training levels and what emergency procedures are in place.

What are the main risks and hazards that lone workers face?

According to Safe Work Australia, remote or isolated workers may be isolated from help because of where or when they are working, or the nature of the work they are doing. “For example, they may be working in locations or at times where it would be difficult for them to be rescued, get medical assistance or be reached by emergency services. Workers may face additional WHS risks if nobody else is around to help with difficult tasks, alert them to hazards or give a second opinion about how to safely do a task or notice if they are fatigued or making mistakes”. Certain environments also increase the risk to employees, particularly those in which customers may become upset, aggressive or take advantage of a lone worker. Environments where alcohol, gambling and/or money are involved, as well as sensitive social work, can cause sudden mood changes and hostile behaviour. Utility workers often operate in rural areas, underground or with dangerous machinery and face environmental risks. If an accident were to happen, they may not be able to call for help. Similarly, staff who travel to different locations as part of their role may not be able to notify managers should an accident happen whilst on the road. In some environments, no matter how stringent the risk assessment or safety measures put in place, the risk is too great to allow for lone working. So, how can an employer reduce the risk for people who work alone?

Lone Worker Risk Assessments

The first and most important step in determining whether your employees are safe to work alone is carrying out a thorough risk assessment for each employee/environment as appropriate. If the risks identified through the process are too high or uncontrollable, you must not let your employees work alone under any circumstance. If, however, steps can be taken to reduce risk to a controllable level, in line with legislation, it may be safe to allow your employees to work alone, following the implementation of a lone worker policy.

What is a lone worker policy? How do you know if your workers are safe?

A lone worker policy is a guide that sets out your companies’ rules on working alone and helps your employees to understand the risks of their role. It also provides your staff with practical advice and instruction on how to safely carry out their roles and what procedures to follow should an incident occur. A regular review of both your risk assessments and lone worker policy will help you identify whether your lone workers are safe. You may also wish to carry out inspections to ensure safe work practices are being followed.

Monitoring employees using Lone Worker Apps

Being able to monitor your employee’s whereabouts is extremely important in keeping them safe, as accidents can occur at any time. Regular communications should be maintained with lone working staff and procedures put in place so that employees can quickly communicate with their employer and raise the alarm if needed. Manual methods of monitoring can be time-consuming, unreliable and often include a large amount of paperwork. Significant advances in mobile technology have led many companies to switch to app-based lone worker solutions to help them monitor and protect their remote staff. StaySafe is an easy-to-use app and online monitoring hub that offers a way for lone workers to raise an alarm in a dangerous situation. StaySafe monitors the location of lone workers in real-time via the StaySafe hub so that assistance can be sent directly to an employee in an emergency. Before a period of lone work or travel, employees start a timed session on the app which can be viewed by a monitor on the cloud-based hub. If an employee fails to end their lone working session safely, a session expiry alert will be sent to their employer or chosen monitor. The app features check-in reminders which prompt users to check-in routinely to confirm that they are safe. If a worker finds themselves in a dangerous situation, they can trigger a panic alert and help can be quickly dispatched to their location. To find out more about how employers in Australia use the StaySafe app to keep their staff protected, click here.
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33 Comments

  1. Bill Mc Dowall

    I have been instructed to have a woman who has worked with our organisation for 26 years and is now 71 years of age to work alone on a Tuesday and Wednesday till 10-30pm . As we approach Autumn and the night draw darker. Is this legal

    • Naomi Billington

      Hi Bill. Lone working in itself is not illegal. However, the organisation must carry out a risk assessment to decide whether lone working is safe, taking into consideration the individual as well as the work environment. If substantial risk to the employee is found but no actions are taken to eliminate or reduce risk, the organisation could legally be found to be at fault and face legal proceedings. Take a look at this guide from HSE for more guidance – http://www.hse.gov.uk/pubns/indg73.pdf

    • Christine vottrell

      My husband has been instructed to work Saturdays from 6am until 6pm alone in s printing company with no access to first aid kits or an outside telephone line he is very experienced but has a history of heart attack’s a quadruple by pass and is now in heart failure. Can he be made to do this .

      • Victoria Bello

        Hi Christine,
        Whilst it is not illegal for your husband to be working alone, if he has any concerns about his overall welfare, especially if he has a history of ill health, he should definitely voice his concerns to management. The law requires employers to consider carefully, and then deal with, any health and safety risks for people working alone.

  2. Pete

    Hi We have 2 factory’s and we have 1 person working in one factory and 2 in the other factory. One factory is working with big machines and is it against the law for him wrk on is own

    • Naomi Billington

      Hi Pete! It is not illegal for anyone to work alone. However, you must risk assess the work environment and make sure you eliminate or minimise any risk so that the work environment is safe for him. Legally, the business could be at fault is any worker is injured if sufficient safe practices have not been put in place. For more guidance take a look at this guide from HSE – http://www.hse.gov.uk/pubns/indg73.pdf

  3. Emma

    Can someone work alone in a big retail shop while also running a post office until 10pm??

    • Victoria Bello

      Whilst the law does not suggest this to be illegal, if the individual has any concerns about their overall safety or well being they should voice these to management. The law requires employers to consider carefully, and then deal with, any health and safety risks for people working alone.

  4. Fiona

    Hi! My daughter is 19 and works in a busy take away sandwich place, most nights she is there for 2 hours on her own and has to cash up on her own. She has mentioned to me numerous times that she doesn’t feel safe on her own. She has mentioned this to her manager and he just goes on about hours being cut and there is nothing he can do! Could you offer her any advice?

    • Victoria Bello

      Hi Fiona,
      As lone working in itself is not illegal it may be difficult to resolve this issue however, we would suggest she discusses adopting new safety solutions with her manager for example, a panic alarm or a lone worker app may give her more security.

  5. Lilian

    I’m a health care assistant and we have moved to a new base where after 6pm we will be working from alone we’ve been told as the last person in office we’ve to set alarm system is this allowed ?

    • Victoria Bello

      Hi Lilian,

      Legally this allowed however, if you have any concerns about your safety please do bring this to the attention of management.

  6. Nina

    Hi i work in a residential home with people who have disabilities, one resident is a convicted rapist and child molester. I work 12 hour shifts at night on my own, there are 9 residents altogether. I am new and feel extremely uncomfortable with this.. am i entitled to tell my boss i want someone to work with me?

    • Victoria Bello

      Hi Nina,
      We would definitely recommend bringing your concerns to the attention of management especially if working alone in this environment is making you feel uncomfortable or at risk. The law requires employers to consider carefully and then deal with any health and safety risks for people working alone.

  7. K. Huntsman

    Hi, I do work as an hotel receptionist alone from 11pm to 7am. The hotel has 85 rooms from the basement to the 5th floor. The hotel never did any risk assessment plan since I started. No training in H&S at all. I have been threatened by some people (not guests) and had to call the police sometimes. The hotel is located in a risky area in Central London. Is it legal the hotel never carried on a risk assessment? Plus the hotel entrance s t’s vulnerable. If I have to go to the 5th floor, I will not know if a strange trespasses the premises.

    • Victoria Bello

      Hi there,
      The law requires employers to consider carefully, and then deal with, any health and safety risks for people working alone. I would suggest outlining all of these concerns to your manager so you can both come up with a solution that helps to make you feel more safe. You can find out more here http://www.hse.gov.uk/pubns/indg73.pdf

      Hope this helps!

  8. alison armstrong

    Hi
    I work in a garage /shop at the moment after 5.30 I work till 9 o’clock a lock up alone .

    • Victoria Bello

      Hi Alison,

      If you have any safety concerns with this arrangement we would recommend bringing them to the attention of your employer immediately. By law, all companies must take into consideration any safety concerns their workers have and act accordingly.

      Hope this helps!
      Best wishes
      Victoria

  9. Emma Howard

    Hi.
    I work at a lettings agency and the company provides accommodation to homesless families (no vetting has been done on these tenants). I have to visit these tenants alone and sometimes get told to use a spare key. No risk assessments have been carried out and no training given. Its quite scary as u never know whats at the other side of the door.
    Is this allowed?

  10. Lorna Mckeown

    I have worked alone on lots of occasions .from.9am till.8pm . for the past 8 years n a retail shop in a retail park , for a major bed company no cameras in our shop or ctv outside , no panic buttons , only realised we had a lone working policy recently. .never been shown this .is this legal., to my knowledge. Never had a personal , risk assessment . Is this legal

    • Victoria Bello

      Hi Lorna,

      Whilst it is not illegal for you to work alone at night, by law all companies have to assess the risk to employees whilst working and try to mitigate these as much as possible. I would suggest speaking with you employer to find out more information about the lone working policies and ensure you feel safe whilst working your shifts.

      Hope this helps!
      Victoria

  11. how to remove lvds cable

    Thanks for finally writing about >Lone Working Law and
    Legislation – When is Working Alone Not OK? <Loved it!

  12. karen black

    I was lone working and sleeping over , I developed diarrhoea and vomiting , phoned for somebody and was told there was no one . My client is a vunerable adult who can be extremely ill if contracting stomach upset . They gave no assistance to me or considered the risk to my client . I have been asked to write a letter to my service manager explaining my grievance by unison . What can I do to stop this happening again and to make to make those responsible be investigated ?

    • Victoria Bello

      Hi Karen,

      I’m really sorry to hear about your experience. By law, all companies but assess and mitigate any risk to their employees whilst working. I would suggest voicing these concerns to the appropriate contact at work and explaining to them your fears and concerns. You can find more information about this topic on the HSE website.

      Hope this helps!
      Victoria

  13. Jamie

    Hi, I work in a shop completing shifts ranging between 6 and 9 hours, alone. The company has told us we are not allowed to lock the shop for any reason during opening hours (including to take a break or even go to the toilet) and that we must take our break whilst crossing over with another staff member (some days there is no cross over and when there is it’s usually around an hour or two which would mean having to take breaks right at the start/end of the shift. I obviously do lock the shop so I can at least use the toilet but if I’m found doing this there will be disciplinary action). The company are fully aware of the fact that staff are not able to take breaks and that we often work a whole day alone, I’m aware that this is illegal but looking for advice on how to address this matter. Many Thanks

    • Victoria Bello

      Hi Jamie,

      It is not illegal for individuals to work alone however, by law you are entitled to a break dependant on how long you have worked that day. I would suggest voicing these concerns to management. You can find out more on this topic via this link https://www.gov.uk/rest-breaks-work

      Hope this helps!
      Victoria

  14. Christopher Hames

    Hi my name is Christopher Hames
    I was involved in a direct armed robbery at work today. I am an employee at a big off license group. The incident happened at 19h30. During the robbery I was left alone at work. A person came in with a baraclava and pointed a gun at my stomach. Threatening to shoot me if I don’t give him all the cash in the store. During this time I was following my training and pushing emergency buttons multiple times only to find out that my manager was aware that the alarm system was not working. Knowing this he still left me alone for an hour to leave the premises and go on his break for an hour. Knowing full well that the alarm system was not working and also knowing that our store has previously been held up at gun point during this time before. I am experiencing a lot of trauma I am unable to sleep and fear for my life to go back to work and be alone all day until 6pm, knowing I have to open, lock up and do cash up alone. I am not able to afford to not work but i am now in too much fear to go back to work. Knowing that the company knew full well that my safety was risk today with security systems not working what rights do I have as an employee in this situation? I was in mortal danger today and am now suffering the consequences of gross negligence of my employer. I appreciate any advice you can offer me. Thank you

    • Victoria Bello

      Hi Christopher,

      We are so sorry to hear of this situation, it sounds very serious. We are not qualified to give advice on this matter and so would suggest that you contact your union if you have one, citizens advice bureau or a law firm directly for advice.

      Best wishes
      Victoria

  15. Judith McAndrew

    I work retail in a not so safe area. The store is very large.No security systems in place.Since new owners took over I am there alot on my own.Fear for safety is a huge problem for me.Is this legal? I have voiced my concerns to them.No reply except maybe get a concealed and carry permit.

    • Victoria Bello

      Hi Judith,

      Whilst it is not illegal for you to be at work alone, y law, all companies must consider and act upon any risks to the health and safety of their workers. I would continue to push this with you employer.

      Best wishes
      Victoria

  16. bemoaning

    Gгeеtіngs! Very useful advice within this article!
    It’ѕ the little changes that pгoduce the largest chаngeѕ.

    Thanks a lot for ѕhaгing!

  17. David

    Hi can a 17 year old be left alone on the work premises for the whole day as long as a risk assessment is in place thanks

Comments are closed.
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