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Employees' Duties - Health and Safety

Employees' Duties

Duty to Follow Training and Instructions

Employees must use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to them by their employer in accordance both with any training in the use of the equipment concerned which has been received by them; and the instructions on use which have been provided to them by their employer in compliance with health and safety law.

The duty to apply their training includes not only training provided by the current employer, but also any training from past employers, manufacturers, educational establishments or elsewhere.

Duty to Report Health or Safety Concerns

Employees must inform their employer, or someone he has appointed with specific responsibility for their health and safety:

- of any work situation they reasonably consider to be dangerous;
- of any matter they reasonably consider represents a shortcoming in their employer's health and safety arrangements.

This reporting duty only requires the employee to report such a concern where it has not already been reported and where it either affects his or her own health or safety; or is connected with his or her own activities at work.

The employer should nevertheless encourage employees to report any health and safety issue that gives rise to concern.

The employer should have a clear system for employee reports of this nature, including records, investigation, action and feedback to employees.

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