Your Responsibility as an Employee

You are expected to take all practicable steps to ensure you are not harmed at work, and that you do not harm anyone else by either your actions or your failure to take action at work.

This means, for example, if safety equipment is provided it must be used. If you are using tools, appliances, machinery, etc. at work, you must take all practicable steps to ensure that people in or near your place of work are not harmed by these items.

You, as an employee, must not misuse or damage equipment. For example, it would be an offence if you deliberately rendered fire-fighting equipment inoperative, or removed guards from the dangerous parts of machinery without good reason.

You, as an employee, can be prosecuted under the HSE Act but generally prosecutions are only taken where the employee has;

• disobeyed clear instructions;
• acted recklessly;
• been grossly negligent;
• been skylarking;
• wilfully ignored obvious hazards.

Harm does not need to have occurred for a person to be prosecuted. The action or inaction only needs to have been likely to have caused harm.

Both you and your employer may be prosecuted as a result of the same incident. Negligence on your part as an employee does not mean a court will turn a blind eye to an employer's failure to meet their duties.

Employers are required to record and evaluate all accidents or harm, including 'near misses' where injury or harm could have occurred. They are then required to investigate whether the incident was caused by a significant hazard, and, if so control the hazard.

If employers are to meet this requirement, you as an employee, need to report all occurrences of harm or incidents to your immediate supervisor or manager.

This applies to physical injuries, and to the early symptoms of illness or disease that may be connected with work. For this reporting to occur, you should have received information from your employer about any early symptoms of you should be aware. For example, keyboard operators should be aware of the symptoms of occupational overuse syndrome, or a spraypainter aware of the symptoms of being sensitised to isocyanate-based paints.

Employees should be given the opportunity to be involved in the development of procedures for hazard identification and management.

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