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Health and safety - employee rights and duties

It is not only an employer who has obligations to ensure a safe and healthy workplace – employees to have responsibilities as well as rights for their own safety as well as for the safety of their colleagues. The following explains a little more about those rights and responsibilities and in particular how those responsibilities can be met.

Employee rights

Employees have, by law, a number of rights in relation to health and safety which place duties upon an employer to provide a safe and healthy environment in which to work. Those rights include:

  • the right to have any risks to health and safety assessed and arrangements put in place for controlling any risks which are identified,
  • if there are five or more employees, the right for a record to be kept of any risks which could be judged to be significant,
  • if there are five or more employees, the right to be provided with a health and safety policy statement dealing with steps taken to control risks,
  • the right for someone competent to be appointed to deal with health and safety responsibilities,
  • the right to be consulted about health and safety matters,
  • the right to have emergency procedures established,
  • the right to have access to adequate first-aid facilities,
  • rights in relation to the working environment including, for example, that the temperature is reasonable, that the area is suitably ventilated and that appropriate sanitary facilities are provided,
  • the right for equipment and machinery to be kept safe safe, adequately maintained and appropriate for the use to which it is put,
  • not to be exposed to, or for precautions to be taken in respect of the use of, substances which may damage health, for example flammable, corrosive or explosive substances,
  • not to be exposed unnecessarily to noise, fumes or radiation,
  • to be provided with health checks as necessary,
  • to have rest breaks during the working day, to have time off from work during the working week, and to have annual paid holiday,
  • to be provided free of charge with protective clothing or equipment where it is not possible to control risks by other means, and
  • to have safety signs provided and maintained where appropriate.

Employee responsibilities

However, not only do employees have rights – they have duties in relation to health and safety matters too. These can include:

  • the duty to take reasonable care of their own health and safety and that of others around them likely to be affected by their actions;
  • the duty to co-operate with the employer on health and safety issues;
  • the duty to use correctly equipment and other items provided by the employer, including protective equipment,
  • avoiding wearing jewellery or loose clothing, or allowing hair to dangle, if operating machinery,
  • reporting any injuries or illnesses incurred as a result of doing the work in question,
  • informing an employer if something happens that impinges upon the employees ability to work, and
  • informing an employer if medication that makes an employee drowsy is being taken.

Dismissal on grounds of health and safety

An employee is entitled to regard themselves as unfairly dismissed if they are dismissed or, in certain circumstances, selected for redundancy, because they have:

  • carried out, or intend carrying out, activities intended to prevent or reduce risks to health and safety at work,
  • performed, or propose performing, the functions of a recognised health and safety representatives,
  • made the employer aware of their concerns about a situation which could be hazardous or affect health and safety,
  • vacated the employer’s premises, or a particular section of it, because they reasonable believed they were in serious or imminent danger, or
  • taken steps to avert a danger or hazard or to protect themselves, or others, from the effects of such a danger or hazard. It is also unlawful for an employer to subject an employee to any other detrimental treatment on one of these grounds.

The appropriateness of any steps taken by an employee will always be judged in relation to the circumstances prevailing at the particular time, and by reference to the employee’s knowledge and the facilities and advice available.

Note that there is no qualifying period of service where an employee has been dismissed for one of the reasons set out above.

Contact us

If you have any specific queries concerning your rights in relation to your employment or in relation to the enforcement of Health & Safety legislation, then please contact employmentlawhelp on 084 4804 4800.