Understanding the Work Health and Safety Duties of Employees: Lessons from a Recent WorkSafe Tasmania Prosecution

Workplace health and safety is a shared responsibility, not only for employers but also for employees. A recent prosecution by WorkSafe Tasmania emphasises that employees have a legal duty to take reasonable care for their own safety and that of others in the workplace. This case highlights the potential consequences when employees fail to fulfill their safety obligations and serves as a reminder of the role each worker plays in maintaining a safe working environment.

Case Overview: WorkSafe Tasmania’s Recent Prosecution

In a recent case, a worker in Tasmania was prosecuted under the Work Health and Safety Act 2012 (Tas) for failing to meet their legal responsibilities, resulting in significant risk to themselves and others. The worker ignored established safety protocols, which led to an unsafe situation. This prosecution underscores that WorkSafe Tasmania and other safety regulators take non-compliance seriously and that failing to adhere to safety obligations can lead to legal repercussions, regardless of whether an incident resulted in harm.

Key Duties of Employees under WHS Legislation

The Work Health and Safety Act 2012 (Tas) sets out clear duties for employees to ensure they contribute to a safe work environment. These duties include:

1. Taking Reasonable Care for Personal Safety:

   - Employees are required to take reasonable care of their own health and safety at work. This involves following workplace policies, using equipment as instructed, wearing appropriate personal protective equipment (PPE), and avoiding any actions that might put themselves or others at risk.

   - In the Tasmania case, the worker failed to take reasonable care, disregarding critical safety measures and increasing the risk of an accident.

2. Ensuring the Safety of Others:

   - Employees have a duty to consider the well-being of their colleagues and any others who might be affected by their actions. This means not engaging in behaviours that could endanger others and promptly reporting any hazards.

   - Safety is a team effort, and neglecting safety protocols endangers everyone. In this case, the employee’s actions created a potential risk for those nearby, illustrating why this duty is crucial.

3. Following Reasonable Instructions:

   - Employees are required to follow any reasonable instructions provided by their employer related to health and safety. These instructions could involve the use of specific procedures, operating equipment safely, or adhering to protocols designed to reduce risk.

   - Ignoring instructions on proper handling and safety procedures can result in unsafe conditions, as seen in this prosecution. Employees should actively follow all reasonable safety guidelines issued by their employers.

4. Complying with WHS Policies and Procedures:

   - It is an employee’s duty to comply with workplace health and safety policies. Every workplace has tailored procedures designed to minimise risk, and these must be adhered to by all staff.

   - In this case, the worker failed to comply with established protocols, demonstrating a disregard for workplace policies designed to ensure safety. Failure to follow procedures not only jeopardises safety but also exposes employees to potential legal consequences.

Lessons Learned: How Employees Can Uphold Their WHS Duties

This prosecution serves as a reminder of the active role employees must play in workplace safety. Here are a few key takeaways:

1. Stay Informed and Educated:

   - Employees should be familiar with their workplace’s safety policies and procedures and understand how to apply them. Participating in training and keeping up-to-date on safety practices ensures that employees are aware of their responsibilities.

   - Regular safety training equips employees with the knowledge they need to prevent hazards and understand the importance of WHS compliance.

2. Be Proactive About Safety:

   - Employees should not wait for incidents to happen before taking action. Reporting hazards, suggesting safety improvements, and staying vigilant helps maintain a safer environment.

   - If employees notice unsafe conditions or believe that protocols are not being followed, they should communicate with supervisors or safety officers immediately.

3. Adopt a Safety-First Mindset:

   - A proactive, safety-first mindset encourages everyone to consider the potential impact of their actions on others. In high-risk industries, safety should be at the forefront of all daily tasks.

   - Adopting this approach promotes a positive safety culture in which employees feel empowered to address potential risks before they escalate.

4. Understand the Consequences of Non-Compliance:

   - This prosecution demonstrates that failing to meet safety responsibilities can lead to legal action, regardless of whether an incident resulted in immediate harm. WorkSafe Tasmania’s enforcement serves as a reminder that all employees must be accountable for their actions.

   - Employees who ignore safety protocols may face serious consequences, including fines, disciplinary action, and potential criminal charges in severe cases.

The Role of Employers in Supporting Employee WHS Duties

While employees are accountable for their own safety responsibilities, employers also play a role in supporting their workforce to meet these obligations. Employers should:

- Provide Adequate Training and Resources: Regular training ensures employees understand their duties and have the skills necessary to fulfill them. Employers should provide access to necessary PPE and ensure employees know how to use safety equipment.

- Communicate Policies Clearly: Clear and accessible communication of WHS policies makes it easier for employees to comply. Employers should establish straightforward reporting channels for hazards and incidents.

- Foster a Safety-Driven Culture: Encouraging a positive safety culture ensures that employees feel comfortable raising concerns and are motivated to prioritise safety.

WorkSafe Tasmania’s recent prosecution serves as an important reminder that WHS compliance is a shared responsibility. Employees are legally obligated to take reasonable care for their own safety and that of others, comply with workplace procedures, and follow instructions from their employers. By actively fulfilling these duties, employees contribute to a safer workplace and reduce the risk of accidents and injuries. This case demonstrates that safety regulators take these responsibilities seriously, underscoring the need for everyone in the workplace to play their part in maintaining a safe environment.