All employees have a common-law duty of care in the workplace i.e all employees must exercise reasonable care with regard to the relationship between employee and employer and work colleagues.
Section 7 of the HASAWA 1974 states that:
It shall be the duty of every employee while at work—
- To take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work
- As regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.” (HASAWA, 1974)
- Under the HASAWA 1974, employees are required by law to take all reasonable care for the Health and Safety of not only themselves, but of those who may be affected by their work/actions and to co-operate with the employer so that they can fulfil their legal responsibilities. An employee must also not interfere with anything that has been provided for H&S, such as blocking emergency exits, misuse of portable fire appliances etc.
An employee who is in breach of their duties under HASAWA 1974 may be liable to prosecution.
Under the HASAWA 1974 employees are obliged to:
- Co-operate with their employer in all health and safety aspects
- Undertake the relevant health & safety training provided
- Follow the training they have received when using any work items that the employer has given provided
- Correctly use any equipment provided for safety purposes
- Not endanger any other person by their own acts or misuse of equipment
- Take reasonable care of their own and other people’s health, safety and welfare
- Tell someone (the employer, supervisor, or health and safety representative) if they think the work or inadequate precautions are putting anyone’s health and safety at serious risk
- Make themselves familiar with and conform to the safety and health program at all times
- Observe all safety rules at all times
- Wear appropriate safety equipment (PPE) and use appropriate safety devices at all times
- Conform to all instructions given by a safety officer or others with responsibility for health and safety
- Report all accidents and near misses whether persons are injured or not
- Make suggestions to improve health and safety in the company to management or the safety representative
- Report all hazards to company management or the safety representative.