Health and safety at work: obligations of employees

Verified 21 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The employee must take care of his or her health and the safety of other persons present at the workplace. He must follow the instructions and instructions set by his employer. In case of non-compliance with these rules, the employee may be sanctioned and his liability may be incurred. The employer must put in place the necessary means (training, information and equipment) to guarantee the health and safety at work of the employee.

Any employee and any person placed in any capacity under the authority of the employer:

  • Employees in DTA: titleContent or CSD: titleContent
  • Temporary Employees
  • Trainees

The rules apply to:

  • Private-law employers
  • Public health facilities
  • Social and medico-social establishments
  • Epic: titleContent and to Epa: titleContent employing staff under private law conditions

In order to guarantee the health and safety of the employee, the employer must, depending on the activities of the company, assess the risks to which he may be exposed.

The results of this assessment are incorporated into a document, called DUERP: titleContent.

According to his training and level of responsibility, the employee shall follow and benefit from the following actions.

Know and apply safety instructions

  • Respect the traffic zones in the company and/or the instructions of the rules and regulations
  • Follow the instructions for use of work equipment (e.g. machines or tools)
  • Use the personal protection means at your disposal such as helmets, gloves, safety shoes or noise-resistant caps

Use appropriate collective and individual protection measures

The employer must, as a matter of priority, put in place collective protection against risk.

If this is not possible, he will have to provide adequate personal protective equipment.

For example, if the employee carries out work at a height, he is provided with an adapted platform of scaffolding type guaranteeing against the risks of falling.

Only if the risk assessment establishes that collective protection cannot be put in place will the employer require personal protective equipment, such as a harness.

When using a grinder (e.g.), collective protection (e.g. protective glass) is used rather than individual protection (e.g. glasses).

Follow training and get information

The employer shall provide the employee with the necessary training and information to enable him to ascertain the risks to which he may be exposed and the preventive measures to be taken.

To use chemical substances, the employee must know the conditions of use of these products, their dangerousness (corrosive, carcinogenic...) and the protective measures to be respected.

The employee has the data and safety sheet of these products which includes this information.

If the employee is exposed to electrical risk, he/she shall receive appropriate training organized by the employer.

The employee must also be familiar with the evacuation instructions and emergency exits in case of fire.

Where the work situation presents a serious and imminent danger for his life or health, the employee may leave his work station or refuse to settle to it without the employer's consent.

He can then exercise his right of withdrawal and cease operations until the employer has put in place appropriate prevention measures.

The employee must respect the general and specific safety instructions given by the employer.

The rules and regulations set these guidelines.

In other cases, it is the employer or his representative who gives them.

The failure to comply with these guidelines may result in disciplinary proceedings (e.g. a penalty of up to and including dismissal).

In the event of injury or death, the employee could be held criminally liable.

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Disciplinary risk

The employee must not endanger himself or other persons in the company.

Rules and regulations The Treaty provides for the penalties applicable in the event of non-compliance with the safety rules.

In company rules and regulations where no such measures are taken, the employer shall determine the penalties which he considers to be proportionate to the facts complained of.

Refusal to wear protective gloves may be punished by a warning. But, if he is repetitive, a more severe penalty (e.g. dismissal or dismissal) may be notified.

Other risks

An employee who fails to comply with safety instructions may be held liable in the event of injury or death to a third party (e.g. a colleague).

He can be prosecuted and convicted.

In certain situations, the facts may give rise to a double criminal liability: that of the employer and that of the employee if they have both failed to fulfill their security obligations.

Accident at work An employee who is the victim of an action taken by a person whose origin is his own fault (intentional act) may lose all or part of the benefit of his social security daily allowance.