The responsibilities of an employee in relation to safety and health in the workplace

“IT’S NOTWHAT you know, it’s what you do with what you know.”

Welcome back to our series on Occupational Safety and Health. Last week we referred to an Occupational Safety and Health Workplace Conversation Workshop, hosted by Jaric St. Vincent Limited. The first of a six-part conversation series aimed at awakening a consciousness in business owners of the inevitable i.e., the operationalization of the OSH Act 2017.

In last week’s article we shared some of the responsibilities of the employer as outlined in the Act. Two eye-openers for me were (1) discovering that in the event of an accident, the onus is on the employer to prove that he/she did everything reasonable to protect employees against unreasonable risk. (2) understanding the term vicarious liability. The employer cannot simply transfer liability to an employee.

“The basic rule of vicarious liability is that an employer is vicariously liable for acts committed by an employee provided the employee was acting ‘in the course of employment’.”

“The International Labour Organization (ILO) estimates that some 2.3 million women and men around the world succumb to work-related accidents or diseases every year; this corresponds to over 7,500 people dying due to unsafe and unhealthy working conditions every day, 6,500 die of work-related diseases and 1,000 of occupational accidents.

“Worldwide, there are around 340 million occupational accidents and 160 million victims of work-related illnesses annually.The ILO updates these estimates at intervals, and the updates indicate an increase of accidents and ill health.”

The reality is, St Vincent and the Grenadines is not immune to occupational accidents. Just a few months ago, there were reports of two construction workers dying and another being taken to hospital when a concrete wall collapsed at a worksite in Georgetown. This is a grim reminder that risks are ever present and mitigating them is a responsibility of both employer and employee.

This week we turn the attention to the employee. Employees shouldn’t only be concerned with their employers’ responsibility under law for their safety and health but should also understand their responsibility and be willing to contribute to the creation of a safe and healthy work environment for themselves and their colleagues.

The SVG OSH Act 2017 also places a duty on employees and states as follows: 24. (1) It shall be the duty of every employee while at work – (a) to take reasonable care for the safety and health of himself and of other persons who may be affected by his acts or omissions at work; (b) as regards any duty or requirement imposed on his employer, to co-operate with him so far as necessary to ensure that the duty or requirement is performed or complied with; (c) to report to his employer, any contravention under this Act or the regulations the existence of which he knows; and (d) to use correctly the personal protection clothing or devices provided for his use.

Employees are required to see and do something and hear and say something as today’s work environment has the potential to be tomorrow’s nightmare.

Studies reveal that diseases related to work cause the most deaths among workers. Hazardous substances alone are estimated to cause 651,279 deaths a

year. Therefore, a safe and healthy working environment can help avoid any serious accidents which will cause injury, disability, illness or death at the workplace.

As the law holds employers accountable, employers will also hold employees accountable, and employees may find that breach of safety and health policies results in strict disciplinary actions as employers seek to embrace a safer and healthier work environment.

The Conservation Series continue on the 25th and 26th October where the critical issue of the Safety and Health Committee will be discussed – safety and health is every body’s business.

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