OHS Act Section 14: General Duties of Employees at Work
Who is responsible for health and safety in the workplace?
Many employees believe that workplace safety is solely the employer’s responsibility. They expect management to provide personal protective equipment, maintain machinery, conduct risk assessments, prepare procedures and ensure that working conditions are safe.
Employers do carry extensive legal responsibilities. However, a safe workplace cannot be created by the employer alone.
Every employee’s behaviour, decisions and actions influence the safety of the people around them. One worker who ignores a procedure, fails to report a hazard or interferes with a safety control can place an entire team at risk.
Section 14 of the Occupational Health and Safety Act, 1993 establishes the general health and safety duties of employees at work. It makes it clear that employees are not passive participants in workplace safety. They have a legal responsibility to take reasonable care, cooperate with their employer, obey lawful safety instructions, report unsafe conditions and report incidents.
These duties apply to employees at every level of an organisation, including labourers, operators, artisans, drivers, supervisors, office employees and managers.
Section 14 is based on a simple but important principle: workplace safety is a shared responsibility.
An employer may provide training, safe equipment, supervision and protective measures, but those controls will only be effective when employees use them correctly and consistently.
This article explains each requirement of Section 14, what it means in practice and why employee participation is essential to preventing injuries and occupational illnesses.
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Understanding Section 14 of the OHS Act Section 14 begins with the words: Every employee shall at work— This wording is important because it confirms that the duties contained in the section are legal obligations. They are not optional guidelines or suggestions. Every employee must comply with these requirements while at work. The section contains five key duties:
These responsibilities support the employer’s broader duty to provide and maintain a working environment that is safe and without risk to employees’ health. Section 14(a): Take Reasonable Care for Health and Safety Section 14(a) requires every employee to: Take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions. This is one of the most important employee duties in the Occupational Health and Safety Act. What Does “Reasonable Care” Mean? Reasonable care means acting in the way that a sensible and properly informed person would act under similar circumstances. Employees are expected to consider:
Reasonable care does not require an employee to predict every possible danger. It does, however, require employees to avoid careless, reckless or deliberately unsafe behaviour. Employees Must Protect Themselves Employees should take practical steps to protect their own health and safety. This includes:
For example, an employee who has been instructed to wear safety glasses while grinding must use them correctly. Removing the glasses because they are uncomfortable or because the task will “only take a minute” may expose the employee to a preventable eye injury. Employees Must Protect Other People An employee’s duty extends beyond personal safety. Workers must consider how their actions or failure to act could affect others. Examples include:
An unsafe act can injure someone who is not directly involved in the task. A worker using a portable electrical tool with a damaged cable may place not only themselves at risk, but also anyone who touches the equipment or walks through the work area. Acts and Omissions Section 14(a) specifically refers to acts and omissions. An act is something an employee does. Examples include:
An omission is something an employee fails to do. Examples include:
Employees can therefore breach their duty through both unsafe actions and a failure to take necessary action. Section 14(b): Cooperate with the Employer Section 14(b) requires employees to cooperate with their employer, or any other person who has a duty under the Act, so that those duties can be performed. Why Cooperation Is Necessary Employers cannot implement an effective health and safety system without employee cooperation. Risk assessments, safety procedures, inspections, training programmes and protective measures depend on employees participating honestly and consistently. Cooperation may include:
Employees should not deliberately obstruct or frustrate reasonable health and safety measures. Practical Example An employer introduces a hearing-conservation programme in an area where workers are exposed to high noise levels. The employer provides hearing protection, arranges training, introduces noise-zone signage and requires affected employees to attend occupational health assessments. Employees must cooperate by:
An employee who refuses to participate without a valid reason may prevent the employer from complying fully with its legal obligations. Cooperation with Other Responsible Persons The duty is not limited to cooperation with the employer. Employees may also be required to cooperate with:
The purpose of the duty is to ensure that legal health and safety requirements can be implemented effectively. Section 14(c): Obey Lawful Instructions, Rules and Procedures Section 14(c) requires employees to: Carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorised thereto by his employer, in the interest of health or safety. This means employees must follow lawful safety instructions and established workplace procedures. What Is a Lawful Order? A lawful order is an instruction that:
Examples include instructions to:
Employees must carry out these instructions when they are lawful and safety-related. Following Workplace Rules Health and safety rules may include:
Rules are created to control identified risks. Ignoring them weakens the workplace’s entire safety system. Following Safe Work Procedures Safe work procedures describe how tasks should be carried out safely. Employees must understand and follow procedures relevant to their work, including procedures for:
Employees should not change or bypass procedures without approval. A procedure may appear inconvenient or time-consuming, but it usually exists because a hazard has been identified and a specific control is required. “I Have Always Done It This Way” Experience does not replace compliance. An employee may have performed a task for many years without injury, but this does not make an unsafe method acceptable. Statements such as:
do not remove the employee’s legal responsibility. Safe work procedures must be followed every time, not only when supervision is present. Section 14(d): Report Unsafe or Unhealthy Conditions Section 14(d) requires an employee who becomes aware of an unsafe or unhealthy situation to report it as soon as practicable. The report may be made to:
Where the report is made to the Health and Safety Representative, that representative must report the condition to the employer. What Is an Unsafe or Unhealthy Situation? An unsafe situation is a condition or activity that may cause injury, damage or an incident. Examples include:
An unhealthy situation is a condition that may harm an employee’s health. Examples include:
What Does “As Soon as Practicable” Mean? The condition should be reported without unnecessary delay. The level of urgency should match the seriousness of the risk. A serious danger, such as exposed live electrical conductors, should be reported at once and the area should be controlled where it is safe to do so. A less urgent issue should still be reported promptly so that corrective action can be taken before someone is injured. Why Hazard Reporting Matters Many incidents are preceded by warning signs. A cable begins to fray before it causes an electrical shock. A ladder becomes loose before it collapses. A leak appears before a pipe fails. A machine guard becomes damaged before someone reaches the moving parts. When employees report these warning signs early, the employer can intervene before an incident occurs. Failure to report a hazard allows the risk to remain in the workplace. Reporting Is Not Complaining Employees may sometimes avoid reporting hazards because they fear being viewed as difficult or uncooperative. Hazard reporting should not be treated as complaining. It is a legal duty and an important part of accident prevention. A strong safety culture encourages employees to speak up, ask questions and report concerns without fear of unfair treatment. Section 14(e): Report Workplace Incidents Section 14(e) requires an employee involved in an incident that may affect their health or that has caused an injury to report the incident. The report must be made:
Where the circumstances made reporting impossible, the employee must report the incident as soon as practicable afterwards. What Incidents Must Be Reported? Employees should report:
A person may feel unharmed immediately after an incident but develop symptoms later. For example:
This is why incidents that may affect health must still be reported. Why Reporting Before the End of the Shift Matters Prompt reporting allows the employer to:
Delays can result in evidence being lost, conditions changing and important details being forgotten. Near Misses Should Also Be Taken Seriously A near miss is an event that did not cause injury or damage but had the potential to do so. Examples include:
Near misses provide an opportunity to identify weaknesses before a serious incident occurs. Practical Workplace Examples Example 1: Damaged Electrical Tool An employee notices that the cable on a portable grinder is damaged. The correct action is to:
Continuing to use the grinder would fail to meet the employee’s duty to take reasonable care and report the unsafe condition. Example 2: Failure to Wear PPE A worker enters an area where eye protection is mandatory but removes the glasses because they are uncomfortable. The worker is failing to:
Example 3: Unreported Near Miss A material falls from a scaffold platform but does not strike anyone. Because nobody was injured, the workers decide not to report it. This is unsafe because the falling object indicates that controls may be inadequate. The next falling item could cause serious injury. The near miss should be reported and investigated. Example 4: Unsafe Shortcut A machine operator removes a guard to clear a blockage more quickly. Even if the operator has done this before without injury, the action:
Example 5: Chemical Exposure An employee accidentally inhales chemical fumes but feels fine and continues working without reporting the event. Later, the employee develops breathing difficulties. The incident should have been reported as soon as practicable because it may have affected the employee’s health, even though symptoms were not immediately present. Common Employee Misconceptions “Safety Is Management’s Job” Management has major legal responsibilities, but employees also have specific duties. Employees are required to participate in and support workplace safety. “I Only Need to Follow Rules When the Supervisor Is Watching” Health and safety duties apply at all times. A rule does not become optional when supervision is absent. “If Nobody Was Injured, I Do Not Need to Report It” Near misses and potentially harmful exposures should be reported. They may reveal a serious weakness in the workplace controls. “I Am Experienced, So the Procedure Does Not Apply to Me” Procedures apply regardless of experience. Experienced employees may be more familiar with a task, but familiarity can also lead to complacency and shortcuts. “Reporting a Hazard Will Get Someone into Trouble” The primary purpose of reporting is to prevent harm. A good reporting system focuses on correcting hazards and preventing recurrence. The Employer’s Role in Supporting Section 14 Although Section 14 imposes duties on employees, employers must still provide the systems, training and supervision necessary for employees to comply. Employers should ensure that employees:
Employees cannot reasonably be expected to follow procedures they have never received or report through systems that have never been explained. Consequences of Failing to Comply with Section 14 Failure by an employee to comply with Section 14 may lead to:
Where an employee knowingly ignores a lawful safety instruction or procedure, the employer may need to address the matter through its disciplinary process. Disciplinary action should be fair, consistent and supported by evidence that the employee was informed of the rule or procedure. Building a Culture of Shared Responsibility Section 14 should not be used only to blame employees after something goes wrong. Its real purpose is to promote active employee participation. A strong safety culture exists when employees:
Employees are often the first people to notice when conditions change. Their knowledge of the task and workplace can make them one of the organisation’s most effective sources of hazard identification and prevention. How Zenith Safety Consultants Can Help Understanding employee duties is important, but businesses also need practical systems that make compliance possible. Zenith Safety Consultants assists South African employers and contractors with developing and implementing health and safety systems that clearly communicate both employer and employee responsibilities. Our services include:
For more information on how Zenith Safety Consultants can help your business, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 021 010 0209. |
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