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Health and Safety in the Workplace for Employees

Introduction An employer has an extensive duty of care towards employees to provide a safe system of work, a safe place of work, plant and machinery that is safe to use, competent supervision and/or suitable training and care in the selection of fellow employees. These duties have been extended by legislation providing for the health and safety of people in the workplace. Such duties are contained in Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (General Application) Regulations 2007. For employers, this includes carrying out risk assessments and reporting any accident that results in an employee missing 3 consecutive days at work (not including the day of the accident) to the Health and Safety Authority. The Act sets out the rights and obligations of both employers and employees and provides for substantial fines and penalties for breaches of the health and safety legislation.

Employees Duty/ Responsibility

Although an employer has extensive duties towards employees, section 13 of the Safety, Health and Welfare at Work Act 2005 as amended provides that employees also have the following duties:

• To take reasonable care to protect the health and safety of themselves and of other people in the workplace
• Not to engage in improper behaviour that will endanger themselves or others
• Not to be under the influence of drink or drugs in the workplace
• To undergo any reasonable medical or other assessment if requested to do so by the employer
• To report any defects in the place of work or equipment which might be a danger to health and safety

Bullying/Harassment

One of the employer's duties is to prevent improper conduct or behaviour (which includes bullying). An employer should have established procedures for dealing with complaints of bullying in the workplace and deal with such complaints immediately. Ignoring complaints of bullying could leave an employer open to a possible claim for damages by an employee. It is advisable for an employer to have an established grievance procedure to deal with complaints of bullying.
The Employment Equality Acts 1998 and 2004 place an obligation on all employers in Ireland to prevent harassment in the workplace. Under this law, you are entitled to bring a claim to the Equality Tribunal which is charged with mediating and/or investigating claims of unlawful discrimination. If you are successful in your claim your employer may be obliged to pay you compensation if you are harassed by reason of your gender, marital status, family status, sexual orientation, age, disability, race, religious belief or membership of the Traveller community.
An employer also has a duty not to victimise an employee i.e. unfairly treat an employee because of some action taken either by making a complaint in relation to Health and Safety at work to the Health and Safety Authority or in relation to harassment before the Equality Tribunal.

Remedies for Employees

1. If you have suffered an injury at work, you cannot seek compensation from your employer under the health and safety legislation, however, you may have a claim through InjuriesBoard.ie or a claim through the civil courts. This claim must be taken within two years of the date of knowledge of the injury.
2. If you wish to make a complaint of victimisation or about your rights under the Safety, Health and Welfare at Work Act you should apply to the Rights Commissioner. Rights Commissioners operate as a service of the Labour Relations Committee and investigate employee disputes, grievances and claims. This must be taken within six months from the date of the alleged victimsation.
3. If you wish to make a complaint of harassment on one of the Equality grounds listed above, you may bring a claim to the Equality Tribunal. This must be taken within six months of the date of the alleged harassment.

Please note that this article is for information purposes only and does not constitute legal advice.

Seeking Employment Law Advice?

Please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in the employment law area will contact you to advise you of your legal rights and entitlements.

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