Responsibilities of Employers and Employees

Responsibility of Employers

Responsibility of Employees

Employers are responsible to ensure the safety and health of their employees (Regulations 7-9, 13, 15-16 and 23) by:

As far as reasonably possible, create and maintain a working environment that is safe and without risks.

Potential hazards must first be eliminated or decreased.

Prescriptions of the Act must be complied with and enforced, including disciplinary actions.

Determine hazards and risks for safety and health for the execution of specific tasks, any products or substances which are worked with, or machinery and equipment used.

Precautionary measures and aids needed, including training, safety signs and the wearing of safety clothes.

Where chemical substances are used at the workplace, sufficient information must be available on the use, safety- and health risks, the conditions for use, and the procedures to be followed in the case of an accident.

The Chief Executive Officer is responsible for safety, but could delegate it.

Minimum tasks of employees include (article 14):

Responsible for own safety and that of other persons that could be affected by his/her behaviour or neglect.

Work together with his/her employer to comply with the duties and requirements of the law.

Obey all legitimate instructions, safety rules and procedures that are prescribed by the employer in the interest of safety and health.

Report any condition that is unhealthy or unsafe immediately or as soon as possible to the employer or safety representative.

Responsibility of the Safety Representative

Regulation 17 of the OHSA act requires that a safety representative (SR) must be nominated for every 20 employees in industry and one for every 50 or 100 employees in retail shops and offices, respectively. SR must be nominated in writing for a specific workplace and period - employees must be consulted on their nominations/election.

The responsibilities of SR will include:

Inspect health- and safety rules of all work area and report non-compliances.

Investigate causes of events, incidents and complaints together with the manager or labour inspector, where required.

Responsibility of the Safety Committee

Regulation 19 of the OHSA act requires that a safety committee (SC) is nominated for every two or more SR’s at workplaces - management will nominate own representatives (number must not exceed SR’s). The SC must meet at least every 3 months and an agenda and minutes must be kept. The SC discusses events (accidents and incidents) and makes suggestions to the employer and the labour inspector. The SC itself decides on the agenda and procedure that will be followed. They can also co-opt other safety experts, but the latter do not, however, have voting rights. All the SR’s at a workplace must be members of the SC. Regulation 20 determines that the SC must discuss all incidents where workers were injured. It must also keep a record of suggestions made to the employer and send reports to the inspector.

The members of an SC do not have a civil accountability in a court.