Duties of Workers

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Prince Edward Island Workers have the right to a safe work environment. Workers share the responsibility for health and safety in the workplace with employers and everyone else at the workplace. Under the OHS Act, employers have the primary responsibility for the health and safety of all those at or near the workplace. However, workers are responsible for working safely and following all the health and safety procedures to the best of their ability.

Workers should be alert and fit for duty while at work, report any concerns to their supervisor, and follow all health and safety procedures.

Workers are responsible for:

  • Taking all reasonable precautions to prevent injuries to themselves and others may be at or near their workplace. [OHS Act., S. 16 (1)(a)]
  • Cooperating with the employer and with the other workers. [OHS Act., S. 16 (1)(b)]
  • Wearing and using all protective equipment properly. [OHS Act., S. 16 (1)(c)]
  • Complying with the OHS Act and cooperating with safety officials, the employer, other workers, and the committee or representative on matters that affect the worker’s health and safety. [OHS Act., S. 16 (1)(e) and (f)]
  • Consulting and cooperating with their workplace’s joint occupational health and safety (JOSH) committee or representatives. [OHS Act., S. 16 (1)(d)]
  • Reporting workplace conditions or equipment that are unsafe immediately to a supervisor. If the employer cannot or eliminate the hazard or adequately address the concern, in another way the worker should report it to the committee or representative, if the matter is not remedied to the worker’s satisfaction. [OHS Act, S. 16 (2)(a)(b)]

If there is not a committee or representative, and the employer does not take action, the worker can report the concern to an OHS Officer. [OHS Act S. 16 (2) (c)]

In general terms, “reasonable precautions” refers to the care, caution, or action a reasonable person is expected to take under similar circumstances.

OCCUPATIONAL HEALTH AND SAFETY ACT
R.S.P.E.I. 1988, c. O-1.01

Section 16 Duties of worker

16. (1) A worker, while at work, shall

(a) take every reasonable precaution to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(b) cooperate with the employer and with the other workers to protect the worker's own occupational health and safety and that of other persons at or near the workplace;

(c) wear or use such individual protective equipment as is required by this Act and the regulations;

(d) consult and cooperate with the committee or representative, if any;

(e) cooperate with any person performing a duty or exercising a power conferred by this Act or the regulations; and

(f) comply with this Act and the regulations and any policy or program established by an employer pursuant to this Act or the regulations.

(2) Where a worker believes that any item, device, material, equipment or machinery, condition or aspect of the workplace is or may be dangerous to the worker's occupational health or safety or that of other persons at or near the workplace, the worker

(a) shall immediately report it to a supervisor;

(b) shall, where the matter is not remedied to the worker's satisfaction, report it to the committee or the representative, if any; and

(c) may, where the matter is not remedied to the worker's satisfaction after the worker reports it in accordance with clauses (a) and (b), report it to an officer.

(3) Clause (2)(b) does not apply in respect of a complaint of harassment in the workplace.

[S.P.E.I. 2018, c. 45, s. 4]