Duties Of Employees To Comply With Health And Safety Requirements (SO5-AC3)

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Employees who fail to obey lawful and reasonable instructions of their employers may be charged with 'insubordination', which if serious, can even lead to dismissal. The courts have held that under certain circumstances, the employer can dismiss an employee(s) for not complying with the Health and Safety Regulations.

Although the OHS Act largely places the duty for health and safety on the shoulders of management, the workforce is also bound to comply with certain legal prescriptions.

It is the duty of every employee at work to take reasonable care for the health and safety of themselves as well as other persons. Every worker is in other words responsible to take care of his or her own health and safety. The unsafe acts of the worker may not negatively impact or endanger others. Other persons normally include co-workers, contractors, visitors and even the public.

The employee is also duty-bound to co-operate with the employer where the OHS Act imposes a duty or requirement to be performed or complied with. Workers are legally bound to comply with the prescriptions of the OHS Act. Employees should always carry out and obey lawful orders and obey the health and safety rules and procedures laid down by the employer.

Please note that the safety rules and procedures of an employer may be more specific to the employer's own work environment and conditions. Sometimes the internal health and safety policies, rules and procedures of an employer might even be more specific and better than the ones provided by the OHS Act. In cases like these, the employee needs to adhere to the employer's prescriptions.

If any unsafe or unhealthy situation is observed by an employee, he or she must report it to the employer or to the health and safety representative of the workplace. Whenever an employee is involved in an incident or observes any unsafe or unhealthy situation, it must be reported to the employer or the health and safety representative.

These incidents need to be reported as soon as reasonably practicable, not later than the end of the particular shift. An employee may also give information to an inspector from the Department of Labour when required.

All employees have the right to be informed. The employer should ensure that the employee clearly understands the health and safety hazards of any work being done, anything being produced, processed, used, stored, handled or transported, and any equipment or machinery being used. The employer must then provide information about precautionary measures against these hazards.

No employee may intentionally or recklessly interfere with damage or misuse things provided for health or safety; this includes safety equipment and personal protective equipment, firefighting equipment etc.

Employees have the right not to be victimized by the employer. No employer may dismiss an employee from his or her service, reduce an employee's salary or alter or reduce an employee's service position to terms or conditions that are less favourable to the employee, because:

• Based on Legislation in Section 26 of the Occupational Health and Safety Act,
• An employee that contravenes a section of the OHS Act could be prosecuted. They could receive a fine, penalty and even imprisonment. (Maximum fine of R 50 000 or imprisonment for a period not exceeding 12 months or both such fine and such imprisonment.)