Following on from last weeks blog on the "Duties of the Employer" this week we will look at the duties of the employee. In Ireland, the Safety, Health and Welfare at Work Act 2005 (the Act) outlines the legal obligations for both employers and employees in ensuring a safe and healthy workplace. While employers bear the primary responsibility for maintaining a safe working environment, employees also have a crucial role to play in upholding health and safety standards.
Employee Duties under the Act
Section 13 of the Act outlines the specific duties of employees in relation to health and safety. These duties include:
Complying with Statutory Provisions: Employees must adhere to all relevant health and safety regulations, including those related to risk
Taking Reasonable Care: Employees have a responsibility to take reasonable care of their own safety and health, as well as the safety and health of others who may be affected by their actions or omissions at work.
Avoiding Improper Conduct: Employees must refrain from engaging in any improper conduct or behavior that could put their own safety or the safety of others at risk. This includes intoxication, reckless behavior, and non-compliance with safety procedures.
Submitting to Reasonable Testing: If reasonably required by their employer, employees must submit to appropriate and proportionate testing for intoxicants. This testing may be conducted to ensure the employee's ability to work safely and responsibly.
Cooperating with Employer: Employees must cooperate with their employer in implementing health and safety measures and reporting any hazards or safety concerns they observe.
Proper Use of PPE: Employees must use provided PPE correctly and as instructed, ensuring its effectiveness in protecting them from workplace hazards.
Reporting Unsafe Conditions: Employees must promptly notify their employer or a designated safety representative of any work being carried out or likely to be carried out in a manner that could endanger their safety, health, or welfare.
Ensuring Compliance
Employers have a responsibility to ensure that their employees are aware of their health and safety duties. This can be achieved through clear communication, training, and regular reminders about safety procedures. Employers should also provide employees with the necessary PPE and ensure that it is in good working condition taking into consideration the Hierarchy of Control in doing so.
Employees, on their part, should actively participate in workplace safety initiatives, attend training sessions, and report any safety concerns promptly. By fulfilling their respective duties, both employers and employees can collaboratively create a safer and healthier working environment for all.