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Lesson 2 · Rights and Obligations
Employee Rights and Obligations in OHS
Employee Obligations
The fundamental obligation of every employee is to comply with OHS regulations and rules. The employee is required to:
Know the OHS regulations and rules, participate in training and instruction, and undergo required knowledge assessments
Perform work in accordance with OHS regulations and rules and follow supervisors’ instructions
Use collective protective measures and the assigned PPE, work clothing and work footwear
Take proper care of machinery, equipment and tools and maintain order in the workplace
Undergo initial, periodic and follow-up medical examinations
Immediately notify the supervisor of an accident or hazard and warn co-workers
Cooperate with the employer and supervisors in fulfilling OHS obligations
Employee Rights — Labour Code
Article 210 of the Labour Code
Right to safe work
Article 152 of the Labour Code
Right to annual leave
Article 229 of the Labour Code
Right to occupational medical care
Additional Employee Rights
Refrain from performing work and notify the supervisor if working conditions do not comply with OHS requirements and pose a direct threat
Leave the hazardous area if refraining from work does not eliminate the danger. The employee retains the right to remuneration
Refrain from work requiring particular psychophysical fitness if the employee’s condition does not ensure that the work can be performed safely (Journal of Laws 1996 No. 62, item 287)
Exception: the above rights do not apply to an employee whose duties include saving human life or protecting property.
Quick Question — Right to Refrain from Work
May an employee refuse to perform work if the working conditions do not comply with OHS requirements and pose a hazard?