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Guidance on solving safety and health problems at the workplace

Informing the employer of problems

Problems encountered in working conditions, safety and health at the workplace or employment relationships must be reported to the employer or the employer’s representative so that the employer can look into the matter and take measures to correct the problem. Reporting can take place with the assistance of the safety ombudsman, the occupational safety and health (OSH) representative or a shop steward.

Employee’s obligations

Employees are required by both the Occupational Safety and Health Act (OSH Act) and the Employment Contracts Act to report any hazards or risks they have discovered in working conditions, machinery, equipment and work methods. The OSH Act also places on employees a duty to immediately remedy, where possible, such faults and defects they have noticed which cause evident danger. Such measures must be reported to the employer.

The employer must tell the reporting employee and the OSH representative what measures have been taken or will be taken in the matter. If the employer considers that the report gives no reason for any measures, this should also be told to the employee to avoid confusion.

Employee’s right to refuse work

Section 23 of the OSH Act provides that if work causes serious danger to the life or health of the employee involved or any other employees, the employee has the right to refuse such work.

The employer or the employer’s representative must be informed of the employee’s refusal to work as soon as possible. The right to refuse work remains until the employer has eliminated the hazards or in some other way ensured that the work can be safely performed.

Refusal to work must not restrict working to a larger extent than what is necessary as regards safety and health. It must also be ensured that the eventual risk arising out of refusal is as low as possible.

If an employee, on the basis of this section, refuses work, he or she will not be liable for any damages arising from the refusal.

Employer’s obligations

The employer has the duty to continuously monitor the safety of the work environment, the work atmosphere and the work practices and to take necessary remedial action. Monitoring must not be based solely upon employee reports.

The employer must tell the reporting employee and the OSH representative what action has been taken or will be taken in the reported matter. If the employer considers that the report gives no reason for any action, this should also be told to the employee to avoid confusion.

Proceeding in employment matters

If there is any confusion in matters such as wages, annual holidays, redundancy, termination of employment etc., the employer is the first to be informed of this. If the employer’s response to a matter is not satisfactory, organised employees may forward the matter to the shop steward, who turns to the relevant trade union, where necessary.

If the employer and an employee do not reach unanimity at the workplace, an unorganised employee may contact the OSH Inspectorate for advice and guidance. Before taking contact, it is advisable to become familiar with the guidance accessible from the adjacent menu.

OSH Inspectorates do not proceed in matters that concern their clients’ employment relationships but clients do this themselves. Assistance is available at legal aid offices and from solicitors. OSH Inspectorates cannot present employees’ cases concerning employment relationships or wage claims in court.

Employers can get advice, for a charge, from the small employers’ service centre, telephone 0200 6600 (1 e/min + lnc). The purpose of this centre is to help households and small businesses (max 3 employees) to fulfil their employer obligations. The service centre for small employers takes care of making insurance contracts and of payroll computation and related payments.