The Labour Code gives employees both rights and duties in occupational health and safety. You will find them mainly in § 106. When you know them, you know what you may demand and what is expected of you.
Your rights
You have the right to:
- work in a safe environment and bear as little risk as possible,
- receive clear information about the risks of your work and the protective measures,
- take part in creating safe conditions. You can make suggestions and point out problems,
- receive personal protective equipment (PPE) free of charge if the work requires it,
- refuse work that you reasonably believe immediately and seriously endangers life or health, yours or other people's. The law (§ 106(2)) does not treat such a refusal as a breach of duty.
Refusing work
This right is exceptional. It is not about not liking a task. It is about direct and serious danger, for example a broken ladder at height or a machine without guards. Report it to your supervisor first. Do not try anything on your own.
Your duties
Under § 106(4), you are in particular required to:
- take part in training on occupational health and safety and have your knowledge checked,
- undergo occupational health examinations (initial, periodic, exit and others) and vaccinations, where they are ordered,
- follow the employer's rules and instructions that were clearly communicated to you,
- use the prescribed working procedures and PPE and not put protective devices out of operation,
- report shortcomings and defects to your supervisor that could endanger health,
- report an accident that happened to you, if your state of health allows it, and also an accident you witnessed,
- not consume alcohol or other addictive substances at the workplace and during working hours, and not start work under their influence.
Alcohol and addictive substances
An authorised manager whom the employer has designated in writing can ask you to be checked for alcohol or other addictive substances. If you refuse, the employer may treat it as a breach of duty. This applies even in seemingly innocent situations, for example "one beer" after lunch.
Medical examinations
Your employer will tell you which occupational health service provider you will attend for examinations. The examinations are carried out by a doctor under a special act (No. 373/2011 Sb.). The doctor assesses whether you are medically fit for the work. The employer pays for the examinations.
What the employer must not do
The employer must not allow:
- work that is prohibited for certain groups of employees,
- work that would be beyond your abilities or your medical fitness.
Pregnant employees, breastfeeding employees and young workers, for example, have special protection. The employer must inform them of the risks and adapt the conditions.
Employee representatives
Safety can also be monitored by a trade union or an occupational health and safety representative. The employer must consult them on important measures. If there is none at the company, the employer discusses these matters directly with the employees (§ 108). You can also turn to your supervisor or to the labour inspectorate with a problem.
Summary
- You have the right to safety, information, PPE free of charge, and to refuse immediately dangerous work.
- You have a duty to follow the rules, use PPE, attend training and examinations, and report defects and accidents.
- Alcohol and addictive substances do not belong at work.