Employee Health and Safety Responsibilities: What the Law Says Workers Must Do

Employers carry most of the legal duties for health and safety, but employees have duties too. Knowing them helps workers protect themselves and their colleagues, and helps managers explain what they expect. For the employer’s side, see our guide to who is responsible for health and safety.

The duties in the Health and Safety at Work Act

Duties under the Management Regulations

Regulation 14 of the Management of Health and Safety at Work Regulations 1999 adds that employees must:

• Use machinery, equipment, dangerous substances, transport equipment and safety devices in line with the training and instructions they have been given
• Tell their employer, or a nominated person, about any work situation they reasonably believe is a serious and immediate danger
• Tell them about any shortcoming in the employer’s health and safety arrangements

Other specific duties

• Use PPE as trained, store it properly and report loss or defects
• Follow safe systems of work, method statements and permits
• Follow the safe lifting techniques covered by the Manual Handling Regulations
• Attend health surveillance where it is required
• Report accidents and near misses

Can employees be prosecuted?

Yes. Breaching section 7 or 8 is a criminal offence. Prosecutions of individual employees are less common than of employers, but they do happen, usually where someone has been reckless, ignored clear instructions or deliberately removed safety devices.

Employee rights

• To be provided with safe work, information, instruction, training and supervision
• To have PPE and health and safety training provided free of charge
• To be consulted on health and safety, directly or through representatives
• To stop work and leave the area if they reasonably believe they are in serious and imminent danger, without being dismissed or treated unfairly for it, under the Employment Rights Act 1996
• To raise concerns with HSE or the local authority if the employer does not act

Managers are employees too

Managers and supervisors have the same section 7 duties as everyone else, plus the duties that come with controlling the work of others. Under section 37, a director or manager can be prosecuted personally where the company commits an offence through their consent, connivance or neglect.

Training that helps

IOSH Working Safely and the NEBOSH Health and Safety at Work Award explain responsibilities to workers in any sector, and our health and safety induction eLearning is a quick start. For supervisors and managers, IOSH Managing Safely covers both sides. In construction, the CITB Health and Safety Awareness course is ideal for operatives.

Frequently asked questions

What are the two main duties of employees under section 7?

To take reasonable care of themselves and others affected by their work, and to cooperate with their employer on health and safety.

Can an employee refuse to do unsafe work?

Employees who reasonably believe they are in serious and imminent danger can stop work and leave, and are protected from dismissal or detriment for doing so.

Do employees have to report hazards?

Yes. Regulation 14 of the Management Regulations requires them to report serious dangers and shortcomings in health and safety arrangements.

Can an employee be fined for breaking health and safety law?

Yes. Breaching section 7 or 8 of the Act is a criminal offence.

Read the source

The Health and Safety at Work etc. Act 1974, sections 7, 8, 9 and 37; the Management of Health and Safety at Work Regulations 1999, regulation 14; and the Employment Rights Act 1996, sections 44 and 100. Facts checked on 6 October 2026.