It's a tough job, but somebody's still got to do it...

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If the ever-increasing cost of petrol on its own isn't enough to annoy you, how about pulling in to the petrol station to pay close to $2 per litre and having to put the petrol in your car yourself?

Well, it appears it has all become a little bit too much for some people.

Fuming on the forecourt is alive and well, and I don't just mean the petrol fumes (although some people apparently like the smell ...)

I had to laugh when told a story by some friends about their experience choosing their wedding rings. They apparently visited a jeweller to decide on the style of the rings and what material they would be made out of.

The jeweller waxed lyrical about the benefits of titanium - hard wearing, resistant, and great if you're into outdoor activities such as rock climbing... '

And if you're essentially a pencil pusher?

"If you drive a desk", said the soon to be wife of her soon to be husband - "is a titanium wedding band necessary if the most dangerous thing you dice with in the workplace is a rogue stapler?"

In any event, his masculinity was saved by the purchase of the titanium wedding band (and staples have cowered in his office evermore...)

So, what does that anecdote have to do with petrol pumps, you may ask? It reminds me that some workplaces are inherently more dangerous than others. Your average office environment is, for example, fairly low on the scale of risky environs.

However, petrol station employees (I hear they like to be called petroleum transfer technicians) are apparently citing dangerous working conditions amongst reasons why they can no longer pump petrol or, as I have been known to request, check oil and water levels.

Which raises the question - as an employee, can you refuse to perform an aspect of your role because it is too dangerous? Under the Health and Safety in Employment Act 1992, employers have an obligation to provide a healthy and safe environment for their employees.

This means identifying hazards, eliminating them where possible and where that is not possible, controlling the hazard through isolation or minimisation. This recognises that the obligation on employers is not to provide a hazard free utopia and that there are some roles that are inherently more dangerous than others. It's a tough job, but someone actually does have to do it. Within reason.

Within reason this means that an employee is entitled to refuse to perform work that is likely to cause serious harm. The threshold is reasonably high - it isn't an ability to refuse to perform work that may cause serious harm, but that is likely to.

Which raises the question, what is likely to cause serious harm?

This comes back to the obligation on employers to identify hazards within the workplace and to put in place steps and procedures to ensure that it is as safe as possible for employees.

An employee is entitled to refuse to perform work where they believe it is likely to cause serious harm, in the first instance. They must then raise the issue with their employer and attempt to resolve the issue. It is only if the matter is not resolved, and the employee continues to believe there is a likelihood of serious harm, that their ongoing refusal will be legitimate and lawful.

The onus therefore is on the employer to control the hazard, through elimination where possible or through isolation or minimisation.

The point has been well raised by some members of the public that it may actually be less safe for all concerned if people are putting petrol in their cars (without assistance) and they don't know what they're doing.

To which one response I've seen is - should you be driving a car if you can't safely fill it with petrol yourself? Which in turn reminds me of another saying - why have a dog and bark yourself?

Surely if part of the role of petrol station workers is to fill customer's cars, and the hazards have been managed in such a way that it is safe to do so, accepting that it will never be a risk free environment, shouldn't customers be able to expect this service?

Are you fuming on the forecourt?