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An employer has a legal obligation to its employees to ensure a safe and healthy workplace. The most important employee rights are:
to have any risks to health and safety properly controlled as far as possible;
to be provided with any safety and protective equipment, free of charge;
to inform the employer of any health and safety concerns;
to have rest breaks and paid holidays;
to get in touch with the local authority or Health and Safety Executive (HSE), if the employer will not listen to the employees concerns, without being disciplined;
to be able to stop work and leave the work area if you have reasonable concerns about your own safety, without being disciplined.
An employee's main responsibilities are:
to take reasonable care for your own health and safety and the well being of colleagues;
to avoid wearing jewellery or loose clothing if operating machinery, if possible;
to report any injuries, strains or illnesses suffered as a result of doing your job (the employer may need to change the way in which the employee works);
not to interfere with or misuse anything that's been provided for health, safety or welfare;
to co-operate with your employer, making sure you get proper training and understand and follow the company's health and safety policies;
to take reasonable care not to put other people ' fellow employees and members of the public ' at risk by what is done or not done in the course of work;
if driving or operating machinery, to tell your employer if taking medication that causes drowsiness. An employee should temporarily be moved to another job if there is one available;
to inform your employer if something happens that might affect ability to work (e.g. becoming pregnant or suffering an injury). The employer has a legal responsibility for employees' health and safety, they may need to suspend the employee whilst they find a solution to the problem, the employee will normally be paid if this happens.
An employer must provide employees with personal protective equipment free of charge, where necessary. This must be used correctly and employees must follow any training that has been given. Failure to use personal protective equipment properly could be grounds for disciplinary action or even dismissal. If the protective equipment is unsuitable, e.g. the wrong size, an employee is entitled to refuse to wear it and ask for the correct size to be provided free of charge.
If an employee has any concerns they should:
Discuss the concerns with the employer or immediate boss. The company may have a safety representative, who might be the first point of contact. If there is an employee representative, such as a trade union official, they may be able to help.
The employer must not expose an employee to avoidable risks at work, and if these have been pointed out as risks without getting an answer, there is a confidential information helpline provided by the Health and Safety Executive on 08453 450 055 (open 8.00 am to 6.00 pm, Monday to Friday).
As a last resort, an employee can get in touch with the authority responsible for enforcing health and safety in the workplace (either the HSE or local authority). Health and safety inspectors have powers to enforce the law.
If an employee takes this course of action, the employer must not discipline the employee or put them at a disadvantage in their job (e.g. by not paying them for the time refused to work because of unsafe conditions).
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