Refusing unsafe placement duties

Short answer

Yes. A student on a university placement can, and in some circumstances should, refuse duties that are genuinely unsafe or that fall outside what has properly been agreed for the placement. The right is strongest where the task poses a real risk to health and safety, and it is supported both by health and safety law and by the tripartite relationship between the student, the placement provider and the university. However, whether a refusal is justified depends heavily on the facts, and “inappropriate” duties (as distinct from dangerous ones) are governed more by the placement agreement and the university’s learning objectives than by a hard legal right of refusal.

The legal and practical framework

Placements normally involve a three-way relationship: the student, the host organisation providing the placement, and the university. Each has responsibilities.

Primary responsibility for managing health and safety while the student is on placement lies with the placement provider. Under section 2 of the Health and Safety at Work etc. Act 1974, an employer must ensure, so far as is reasonably practicable, the health, safety and welfare of its workers. Where a student is placed with a host organisation, the guidance from bodies such as the HSE and USHA treats the student as effectively equivalent to one of the provider’s own employees for health and safety purposes. The HSE’s guidance on work experience makes the same point: work experience and placement students are treated as employees of the host for health and safety law, and there are very few activities a student legitimately cannot do, provided risks are properly assessed and controlled.

The student also has duties. Under sections 7 and 8 of the 1974 Act, the student must take reasonable care of their own health and safety and that of others affected by their acts or omissions, follow reasonable instructions and safety systems, and not interfere with safety measures. University placement guidance (for example from Birmingham and the ASET good practice guide) reflects this.

The university’s role is to approve and monitor placements. Where a placement is an integral part of the course, the university has both the right and a responsibility to refuse to approve a placement, or continue it, on health, safety and welfare grounds. That is important, because it means the student is not left to resolve a serious safety concern alone.

Refusing genuinely unsafe duties

If a task presents a serious and imminent danger, the student is on strong ground in refusing to do it until it has been made safe. In an employment context, sections 44 and 100 of the Employment Rights Act 1996 protect employees and certain workers who leave or refuse to work in circumstances of serious and imminent danger, or who raise health and safety concerns. Whether a placement student is technically an “employee” or “worker” for those specific provisions depends on the arrangement, and unpaid students may not always fall squarely within them. But the underlying principle is sound: no one should be required to carry out work that exposes them to a serious risk that has not been properly assessed and controlled.

A refusal is most clearly justified where, for example, the student is asked to operate machinery or handle hazardous substances without training, protective equipment or supervision; to work at height without safeguards; to undertake tasks prohibited or restricted for their age or level of competence; or to do something for which no risk assessment appears to exist. In those situations the sensible and lawful course is to decline the specific task, explain the concern, and escalate it.

Refusing “inappropriate” duties

“Inappropriate” covers a wider and more mixed category, and the analysis differs. Some examples:

Tasks outside the agreed scope or learning outcomes. If the placement agreement or learning contract defines what the student will do, being asked to perform tasks well outside that scope (for instance menial work unrelated to the placement, or duties beyond the student’s professional level) is a matter of the placement agreement and academic requirements, not usually a health and safety right of refusal. The right route is to raise it with the university placement coordinator, who can take it up with the provider.

Tasks the student is not competent or qualified to perform. Being asked to carry out work requiring a qualification or registration the student does not hold (common on nursing, medical, teaching, social work or legal placements) can be both a competence and a safety issue, and may breach professional or regulatory standards. A student is entitled to decline to act beyond their competence, and professional codes generally require this.

Duties that are degrading, discriminatory, harassing or otherwise unlawful. If a student is asked to do something amounting to harassment or discrimination, or is subjected to it, protection under the Equality Act 2010 may apply, and the university’s own safeguarding and complaints procedures will be engaged.

Tasks that are merely unpleasant, boring or below expectations. These generally do not give a legal right of refusal. They are addressed through the placement agreement and the university’s monitoring process.

How to refuse properly

How the refusal is handled matters as much as the right itself. A refusal that is calm, reasoned and escalated will be defensible; simply walking off without explanation is more likely to cause problems.

1. Raise the concern first. Tell your placement supervisor clearly and, where possible, in writing that you consider the task unsafe or outside what was agreed, and explain why. Give the provider the chance to make it safe, provide training or reassign the task.

2. Do not carry out a task you reasonably believe is seriously dangerous or beyond your competence while you resolve it. You are entitled to protect your own safety and that of others.

3. Escalate to the university. Contact your placement coordinator, personal tutor or the relevant academic or health and safety officer promptly. The university has the right to intervene, review the placement and, if necessary, withdraw its approval. This protects both your safety and your academic standing, because it shows you acted responsibly rather than simply abandoning the placement.

4. Check the placement agreement and any risk assessment. These documents usually set out the agreed duties, the provider’s obligations, and the escalation and complaints routes. They are your first reference point in a dispute about what is “appropriate”.

5. Keep records. Note dates, what you were asked to do, what you said, who you spoke to, and any response. Contemporaneous notes and emails are the most useful evidence if there is later disagreement about your conduct or your academic assessment.

Protecting your academic position

A practical risk is that refusing duties could be treated by the provider or the university as poor performance, failure to complete the placement, or a professional conduct issue. This is why escalating through the university rather than acting unilaterally is so important. If you raise a legitimate safety or competence concern through the proper channels, the university’s own placement and fitness-to-practise or academic regulations should not penalise you for it, and many university placement policies expressly recognise the student’s right to raise safety concerns. If you are later marked down or accused of misconduct for a justified refusal, you can use the university’s complaints and academic appeals procedures, and ultimately the Office of the Independent Adjudicator for Higher Education if internal routes are exhausted.

Key facts that would affect the answer

The precise answer depends on several things you have not specified. It would help to know the exact nature of the task and the risk; whether the placement is paid or unpaid and how the arrangement is documented, which affects whether specific employment protections apply; what the placement agreement and any risk assessment say; whether the course is professionally regulated (for example nursing, medicine, teaching or social work), which brings in professional standards on acting within competence; and whether you have already raised the concern and what response you received.

Bottom line

A student can refuse duties that are genuinely unsafe, that they are not trained or competent to perform, or that are unlawful, and both health and safety law and university placement policy back this up. For duties that are merely outside the agreed scope or below expectations, the better route is not outright refusal but prompt escalation through the university, which has the power and responsibility to intervene. In all cases, raise the concern clearly, do not put yourself or others at serious risk, involve your university placement contact early, and keep a written record.