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Your Employer's Health & Safety Obligations to you

#yourquestionsanswered Your employer has a duty to do everything practicable to keep you safe in your employment.

Employee experiencing workplace stress

On April 4, 2016, the Health and Safety at Work Act 2015 (HSW Act) was enacted, providing clearer guidelines for health and safety responsibilities in the workplace.

The HSW Act 2015 emphasizes the identification and management of risks, as well as the need to consult, cooperate, and coordinate with other parties in cases of shared responsibilities. Both you and your employer bear these responsibilities.

In a nutshell, an employer should:
  • Provide a safe working environment

  • Conduct risk assessments to identify potential hazards.

  • Implement measures to mitigate and manage risks.

  • Ensure employees are adequately trained and informed about health and safety procedures.

  • Consult with employees and relevant parties on health and safety matters.

What if my employer isn't doing this?

Ideally you will have been able to raise this in advance with your employer and have this remedied. If they do not though, as an employee, you possess the right to halt work or refuse to perform a task if you believe it poses a serious health or safety risk to yourself or others. If you do stop work, it is crucial to promptly inform your manager both that you have stopped work and the reason for stopping work.

What if this keeps going on or my employer punishes me for raising concerns?

You may be able to raise a grievance if your employer is not acting reasonably or lawfully. We can provide you with more in depth employment law advice and the support you need to sure you are being treated fairly - give us a call!


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