The employer is obliged to provide employees with appropriate working conditions adapted to the applicable health and safety regulations and guaranteeing full safety during the proper performance of tasks at the workplace. However, the Labor Code specifies not only the employer's duties, but also those of the employee, who is obliged under the regulations to comply with the established rules of occupational safety and health. What are the employee's health and safety responsibilities?
Rights and obligations of the employee in the field of OSH
Every employee has the right to expect that the employer will provide him with a safe and hygienic workplace, as well as training that informs him about the rules of the job. At the same time, however, it is not the employer alone who is responsible for the safety of employees - according to the Labor Code, "Observance of the rules and principles of occupational safety and health is the primary duty of the employee." and it is compliance with applicable health and safety regulations that has a direct impact on the ultimate safety at work.
According to the quoted excerpt from the Labor Code, any attempt to violate or intentionally fail to comply with health and safety regulations is considered a violation of an employee's basic duty, and as such may be subject to admonitions or penalties from the employer. There are cases in which an employee's violation of health and safety rules is so serious that the employer has the right to terminate an employee's employment contract through disciplinary action. However, what specifically falls under the employee's OSH obligations?
How do you comply with OSH regulations as an employee?
Article 211 of the Labor Code contains a detailed catalog of an employee's health and safety duties, specifying specific activities that are mandatory to guarantee full occupational health and safety on the job. According to it, an employee is obligated in fulfilling his safety duties, in particular:
- Become familiar with the company's health and safety regulations and rules by participating in health and safety training and instruction, as well as taking the required health and safety examinations. The employee should not only assimilate the knowledge imparted during training by participating in it, but also skillfully translate the acquired knowledge into practice and know how to act in case of an emergency. What's more, the employee is also required to attend medical examinations recommended by the workplace and follow medical instructions.
- Perform his work in a manner that complies with regulations and health and safety at work, that is, use the assigned personal protective equipment or perform specific tasks as stipulated in the workplace regulations. An employee does not have the right to refuse to comply with the company's occupational health and safety regulations or to question their particular provisions.
- Take care of one's own workplace in accordance with the company's health and safety regulations, and therefore not only ensure that the workplace is kept clean and orderly, but also regularly inspect the cleanliness and efficiency of the machinery being operated. The employee should be aware of how his actions affect the safety of his co-workers and the plant as a whole, and so not put them at risk by failing to label dangerous substances or creating an immediate health hazard. The employee must also take care of the property entrusted to him - if the employer proves that their damage was a matter of negligence on the employee's part, he has the right to draw official consequences.
A very important part of the employee's obligations to the company's health and safety are issues related to knowledge of the applicable rules and compliance with them. At the same time, one of the most common rules violated by employees is the obligation to use collective and individual protective equipment. It is the employee's duty not only to use the PPE, clothing and work footwear assigned to him by the employer, but also to use them in accordance with their purpose and as provided for in the company's regulations.
The last group of the employee's duties with respect to occupational health and safety are those directly related to the threat to the health or life of employees and accidents at work. An employee is obliged to notify his supervisor if he notices an accident at the workplace or notices any irregularity that could pose a threat to human health or life. In addition, it is also the employee's duty to cooperate with the employer in improving the company's health and safety regulations and improving the overall health and safety of the workplace.
The occupational health and safety rules in force at the workplace and implemented on a mandatory basis by the employer are intended to guarantee safe and hygienic working conditions for all, which will not endanger the health and life of employees and occupants. Their observance, which is one of the most important obligations of employees, is the key to guaranteeing full safety at the plant, and for this reason an employee cannot exempt himself from the obligation to observe them, even if particular rules are onerous for him.
The employer may apply the penalties stipulated in the Labor Code, such as reprimands, warnings or even disciplinary termination of the employment contract to an employee who fails to comply with basic health and safety rules.
