Health and safety at work: obligations of employees

Verified 30 April 2024 - 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. What are the employee's obligations in terms of occupational health and safety? Can an employee be penalized if he does not respect the security rules set by the employer? We are taking stock of the regulations.

Any employee and any person under the authority of the employer (employees in DTA: titleContent or temporary contracts, trainees) are concerned.

The employee must take care of his health and safety and that of other persons present at the workplace, according to his training and possibilities.

The employee must:

  • Follow company safety guidelines
  • Use the protective equipment at its disposal
  • Follow training and employer information

Safety instructions

The purpose of safety instructions is to inform the employee of safety risks and to give appropriate instructions on the behavior to be adopted to prevent occupational risks.

They ensure the safety of the employee and other persons concerned.

They are defined by the employer and are set out in the rules and regulations where it exists (company with a workforce of 50 or more employees).

Safety instructions must be clear and precise, so that they are understood and applied by everyone.

The employee shall in particular:

  • Respect traffic zones in the company
  • Follow the instructions for use of work equipment (e.g. machines or tools)
  • Wear personal protective equipment (safety shoes, noise barriers...)

Means of collective and individual protection

The employee must use the protective equipment available to him.

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

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

For example, in the case of roofing, scaffolding may be put in place to prevent the risk of falling. If this is not possible, the employer will provide individual protections, such as a safety harness.

Training and information provided by the employer

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

In order to use chemical substances, the employee must be aware of their dangerousness (corrosive, carcinogenic, etc.) as well as the conditions of use of these products and the protective measures to be respected.

For this purpose, the employer shall make available to the employee the safety data sheet for these products (SDS) 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.

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

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

The rules and regulations provides for the penalties to be applied in the event of non-compliance with 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 safety footwear may be punished by a warning. But, if he is repetitive, a more serious penalty (e.g. dismissal or dismissal) may be notified.

Please note

In the event of serious injury or death, the criminal liability of the employee could be hired.

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.

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