Employee Safety Responsibilities: Your Duties Under UK Law

Health and safety at work is not just your employer's responsibility. Under UK law, employees have specific legal duties to look after themselves, their colleagues, and anyone else affected by their work activities.

Why do employees have duties?

Before the Health and Safety at Work Act 1974, health and safety law focused almost entirely on what employers had to do. Employees were seen as passive recipients of safety measures.

The 1974 Act changed this fundamentally. It recognised that:

• Employees are closest to the risks - you're on the ground, operating equipment, working with materials, and navigating the workplace every day
• Safety requires cooperation - even the best safety systems fail if employees don't follow them
• Everyone is affected - your actions don't just affect you; they can harm colleagues, contractors, visitors, and the public
• Personal accountability matters - holding individuals responsible encourages everyone to take safety seriously

What are employee duties under UK law?

Employee duties are set out in Section 7 of the Health and Safety at Work etc. Act 1974, with additional provisions in Section 8.

Section 7: Core employee duties

The law states:

"It shall be the duty of every employee while at work—

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."

In plain English, this means you must:

1. Take reasonable care for your own safety
2. Take reasonable care for others' safety
3. Cooperate with your employer on safety matters
4. Follow instructions and use safety measures properly

Section 8: Duty not to interfere or misuse

Section 8 adds:

"No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare."

This makes it an offence to:

• Tamper with safety guards or equipment
• Disable or ignore fire alarms
• Block fire exits or emergency routes
• Misuse personal protective equipment (PPE)
• Remove or deface safety signs
• Damage or interfere with safety devices

What does "taking reasonable care" mean?

"Reasonable care" is a key concept in employee duties. It doesn't mean you must be a safety expert or prevent every possible risk. It means acting as a reasonable person would in your position.

Taking reasonable care includes:

Being aware of your surroundings:

• Look out for obvious hazards
• Pay attention to warning signs and safety instructions
• Be conscious of how your work affects others nearby

Following training and instructions:

• Use equipment as you've been trained to use it
• Follow safe systems of work and procedures
• Don't take shortcuts that bypass safety measures

Using safety equipment properly:

• Wear PPE when required (hard hats, safety glasses, gloves, etc.)
• Use guards, barriers, and safety devices as intended
• Don't remove or disable safety features

Not taking unnecessary risks:

• Don't attempt tasks you're not trained or authorised to do
• Don't work in a way that endangers yourself or others
• Stop work if conditions become unsafe

Being fit for work:

• Don't work under the influence of alcohol or drugs
• Tell your employer if medication affects your ability to work safely
• Report if you're too ill or fatigued to work safely

What reasonable care doesn't mean:

• You don't have to be perfect - occasional mistakes or oversights don't automatically breach your duty, as long as you're generally acting responsibly
• You're not expected to know everything - if you're unsure how to do something safely, you should ask; not knowing is reasonable if you haven't been trained
• You're not responsible for your employer's failures - if your employer hasn't provided necessary equipment or training, that's their breach, not yours (though you should still report it)

Cooperating with your employer

Section 7(b) requires you to cooperate with your employer "so far as is necessary" to help them comply with health and safety law.

What cooperation means in practice:

Attend training:

• Participate in induction and safety training
• Complete required courses and refresher training
• Ask questions if you don't understand something
• Take training seriously, not as a box-ticking exercise

Follow procedures:

• Work according to safe systems of work you've been shown
• Follow risk assessments and method statements
• Use equipment according to operating instructions
• Don't improvise or deviate without authorisation

Use PPE as instructed:

• Wear personal protective equipment when required
• Keep PPE in good condition and report defects
• Don't refuse to wear PPE because it's uncomfortable (though you can request better-fitting alternatives)

Participate in consultations:

• Respond to safety surveys or requests for feedback
• Attend safety meetings or toolbox talks
• Share your views on proposed safety measures
• Engage with safety representatives

Report hazards and incidents:

• Tell your supervisor about dangers you spot
• Report near misses, accidents, and unsafe conditions
• Don't assume someone else will report it
• Use your employer's reporting system

Reporting hazards and unsafe conditions

Reporting hazards is one of your key duties. You're often the first to notice when something is wrong.

What you should report:

Immediate dangers:

• Exposed electrical wires or damaged equipment
• Spills or obstructions creating trip hazards
• Structural damage (cracks, loose fixtures, unstable structures)
• Fire hazards (blocked exits, faulty alarms, flammable materials)
• Any situation that could cause serious injury right now

Defective equipment:

• Machinery not working properly or making unusual noises
• Missing or damaged safety guards
• Tools or equipment in poor condition
• Vehicles with defects (brakes, lights, steering)
• PPE that's worn out or damaged

Near misses:

• Incidents that could have caused injury but didn't
• Close calls that highlight unsafe conditions
• Situations where someone was almost hurt
• These are valuable learning opportunities to prevent actual accidents

Unsafe practices:

• Colleagues working in dangerous ways
• Shortcuts being taken that bypass safety measures
• Procedures not being followed
• Lack of training or supervision

Health concerns:

• Symptoms that might be work-related (rashes, breathing problems, repetitive strain)
• Exposure to harmful substances or environments
• Excessive noise, vibration, or other physical hazards
• Work-related stress or mental health impacts

How to report:

1. Tell your immediate supervisor or manager - they're usually the first point of contact
2. Use your employer's reporting system - many workplaces have forms, apps, or online systems
3. Speak to your safety representative - if your workplace has one (especially in unionised workplaces)
4. Document it - keep a note of what you reported and when, in case there's no action
5. If serious and unaddressed, escalate - speak to senior management or HR if nothing is being done

Not interfering with safety equipment

Section 8 of the HSWA 1974 makes it a specific offence to interfere with or misuse safety equipment. This is taken very seriously because it endangers everyone.

What you must not do:

With machinery and equipment:

• Remove or disable safety guards or interlocks
• Bypass emergency stop buttons or safety cut-outs
• Use equipment for purposes it wasn't designed for
• Modify or tamper with equipment without authorisation
• Override or disable warning alarms

With fire safety equipment:

• Disable smoke detectors or fire alarms
• Remove or discharge fire extinguishers for non-emergency purposes
• Prop open fire doors (they're there to contain fire and smoke)
• Block fire exits or escape routes with equipment or materials
• Tamper with emergency lighting or fire signage

With PPE and safety devices:

• Damage or deliberately misuse personal protective equipment
• Remove ear protection in high-noise areas
• Disable harnesses or fall protection equipment when working at height
• Interfere with ventilation systems or extraction equipment
• Modify or disable safety features on tools or equipment

With safety signage:

• Remove or obscure warning signs
• Change safety signs to give false information
• Deface or damage safety notices or posters
• Ignore or encourage others to ignore safety signage

Why this matters:

• You could harm yourself - safety equipment is there to protect you; disabling it puts you at direct risk
• You could harm others - your actions might endanger colleagues who don't know the equipment has been tampered with
• You could be prosecuted - Section 8 breaches can result in personal prosecution, fines, and even imprisonment for serious cases
• You could be dismissed - deliberately interfering with safety equipment is often grounds for gross misconduct

What if your employer isn't providing safe conditions?

Your duty to cooperate and take reasonable care depends on your employer providing the means to work safely. If they're not meeting their obligations, you still have rights.

Your rights as an employee:

You can raise concerns:

• Speak to your manager or supervisor about unsafe conditions
• Put concerns in writing if not taken seriously
• Contact your safety representative or union if you have one
• Use your employer's formal grievance procedure if necessary

You can refuse unsafe work:

• If you believe you're in serious and imminent danger, you can refuse to work
• You must have a reasonable belief that there's a genuine risk
• You should report why you're refusing and what needs to be done
• You cannot be dismissed or penalised for reasonably refusing unsafe work

You can report to the authorities:

• Contact the Health and Safety Executive (HSE) if your employer won't address serious risks
• Or contact your local authority (for offices, shops, leisure premises, etc.)
• You're protected against dismissal or detriment for making a report to HSE/LA

You cannot be victimised:

• It's illegal for your employer to dismiss or penalise you for raising genuine safety concerns
• Protection applies if you're acting in good faith and the concern is reasonable
• If you're dismissed for raising safety issues, you may have a claim for automatic unfair dismissal

Can employees be prosecuted?

Yes. While prosecutions of employees are much less common than prosecutions of employers, they do happen.

When employees are prosecuted:

For Section 7 breaches (failure to take reasonable care):

• Recklessly endangering yourself or others
• Deliberately ignoring clear safety instructions
• Working in a way that causes serious injury to someone
• Repeatedly refusing to follow safety procedures despite warnings

For Section 8 breaches (interfering with safety equipment):

• Disabling safety guards or alarms
• Tampering with fire safety equipment
• Removing or damaging safety devices
• Deliberately misusing PPE or safety equipment

Penalties for employees:

Magistrates' Court:

• Fines up to £5,000 for most offences
• In serious cases, up to 6 months imprisonment

Crown Court (for indictable offences):

• Unlimited fines
• Up to 2 years imprisonment for serious breaches

When prosecution is more likely:

• The breach was deliberate or reckless (not just negligent)
• Someone was seriously injured or killed as a result
• You ignored repeated warnings or training
• You encouraged others to work unsafely
• There was malicious intent or gross disregard for safety

Practical examples of employee responsibilities

Example 1: Construction site

Situation: You're working on a construction site. You notice a colleague isn't wearing a hard hat in an area with overhead work.

Your duties:

• Take reasonable care for others - politely remind your colleague to wear their hard hat
• Report if necessary - if they refuse or repeatedly don't wear it, report to the supervisor
• Cooperate with employer - your employer has provided hard hats and rules; you help by reinforcing them
• Don't interfere - don't hide or take someone's hard hat as a joke (that's interfering with safety equipment)

Example 2: Office environment

Situation: You notice a frayed electrical cable on a desk lamp in the shared kitchen area.

Your duties:

• Take reasonable care - don't use the faulty lamp yourself
• Look after others - put a note on it or move it to prevent others using it
• Report the hazard - tell facilities management or your supervisor immediately
• Follow up - if nothing is done after a reasonable time, raise it again or escalate

Example 3: Retail setting

Situation: The fire exit in the stockroom has boxes stacked in front of it because there's no other storage space.

Your duties:

• Report the hazard - tell your manager that the fire exit is blocked
• Don't make it worse - don't add more boxes to the pile
• Cooperate with solutions - if management rearranges storage, help implement the new system
• Not interfere - don't prop the fire door open to make it easier to access the stock (fire doors must remain closed)

Example 4: Working from home

Situation: You're working from home and your chair is causing back pain.

Your duties:

• Take reasonable care for yourself - don't continue working in pain without raising it
• Report the issue - tell your employer you need a proper chair or DSE assessment
• Cooperate with arrangements - participate in any assessment your employer offers
• Use equipment properly - if provided with a suitable chair, use it correctly and adjust it as trained

Example 5: Healthcare setting

Situation: You're a care worker. A patient is becoming aggressive and you're concerned about manual handling risks when moving them.

Your duties:

• Take reasonable care - don't attempt to move the patient if you believe you'll be at risk of injury
• Report concerns - explain the situation to your supervisor or team leader
• Cooperate with solutions - if additional support or equipment is provided, work with the team to implement it
• Follow procedures - use the moving and handling techniques you've been trained in
• Look after others - ensure colleagues are aware of the risk so they're not caught unaware

Supporting a positive safety culture

Beyond legal duties, employees play a crucial role in creating a workplace where safety is valued.

How you can contribute:

Speak up about safety:

• Raise concerns without fear of being seen as a troublemaker
• Suggest improvements based on your experience
• Encourage colleagues to work safely
• Challenge unsafe practices constructively

Lead by example:

• Always follow procedures yourself
• Use PPE properly even when it's inconvenient
• Take your time and don't rush at the expense of safety
• Show newer employees that safety matters

Participate in safety initiatives:

• Attend safety meetings and contribute ideas
• Take part in safety inspections or audits
• Join safety committees if the opportunity arises
• Engage with safety campaigns or awareness days

Learn and develop:

• Take training seriously and apply what you learn
• Stay up to date with changes to procedures
• Ask questions when you don't understand something
• Share knowledge and lessons learned with colleagues

Report near misses:

• Don't just report accidents - report close calls too
• Near-miss reporting helps prevent actual injuries
• It shows what could go wrong before it does
• Good employers actively encourage near-miss reporting

Frequently asked questions

Key takeaways for employees

Your core duties:

• Take reasonable care for your own safety and that of others
• Cooperate with your employer on health and safety matters
• Follow training, instructions, and safe systems of work
• Use safety equipment and PPE properly as instructed
• Report hazards, defects, and unsafe conditions
• Never intentionally interfere with or misuse safety equipment

Your rights:

• To be provided with a safe workplace and safe systems of work
• To receive necessary information, instruction, and training
• To be consulted on health and safety matters
• To refuse work you reasonably believe presents serious and imminent danger
• To raise concerns without being dismissed or penalised
• Not to be charged for PPE or other legally required safety measures

Remember:

• Health and safety is a shared responsibility - employers and employees both have duties
• Taking safety seriously protects you, your colleagues, and others affected by your work
• Speaking up about hazards and unsafe conditions is part of your legal duty
• You can be personally prosecuted for serious breaches, but this is rare and reserved for reckless behaviour
• A positive safety culture starts with everyone committing to work safely every day

Next steps

To understand the broader legal framework:

Health and Safety at Work Act 1974 Explained →

To understand employer responsibilities:

Employer Safety Duties Under UK Law →

To learn about reporting mechanisms:

How to Report Workplace Hazards →

Related articles:

• What is the Health and Safety at Work Act 1974?
• Employer Health and Safety Duties
• Risk Assessment: A Complete Guide

Useful tools:

• Responsibility Checker
• Hazard Reporting Tool