HSWA 1974 ss7–8: HSE Employee Duties

Regulatory citation: Health and Safety at Work etc. Act 1974 (c. 37), sections 7 and 8

What Are the Employee Duties Under Sections 7 and 8?

Sections 7 and 8 of the Health and Safety at Work etc. Act 1974 (HSWA) place legal duties on the people who do the work, not only on employers. Section 7 requires every employee at work to take reasonable care for their own health and safety and that of others affected by what they do or fail to do, and to cooperate with their employer on health and safety duties. Section 8 applies to everyone and bans intentionally or recklessly interfering with, or misusing, anything provided for health, safety or welfare.

Why These Duties Matter

Safe systems of work only work if people follow them. Guards, interlocks, PPE and fire equipment give little protection if they are removed, bypassed or ignored. These sections make individuals accountable for their part in keeping a workplace safe.

Core Obligations

1. Take Reasonable Care (s7(a))

While at work, every employee must take reasonable care for their own health and safety. They must also take reasonable care for other people who may be affected by their acts or omissions, such as colleagues, contractors and the public.

2. Cooperate With the Employer (s7(b))

Where the employer or any other person has a duty under the relevant statutory provisions, employees must cooperate with them so far as is necessary to allow that duty to be performed. In practice this means following safe systems of work, attending required training and taking part in health surveillance where it is required.

3. Do Not Interfere With or Misuse Safety Provisions (s8)

No person may intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare under the relevant statutory provisions. This applies to anyone, not just employees. Examples include disabling machine guards, tampering with fire extinguishers or removing warning signs.

4. Use Equipment as Trained and Instructed (MHSWR reg 14(1))

The Management of Health and Safety at Work Regulations 1999 add detail to section 7. Employees must use machinery, equipment, dangerous substances, transport equipment, means of production and safety devices in line with the training and instructions their employer has given.

5. Report Serious Dangers and Shortcomings (MHSWR reg 14(2))

Employees must tell their employer, or a nominated health and safety person, about any work situation they reasonably consider a serious and immediate danger, and any shortcoming in the employer's protection arrangements, where it affects their own safety or arises from their work and has not already been reported.

6. Understand That Breaches Are Offences (s33(1))

Failing to discharge a section 7 duty is an offence under section 33(1)(a). Contravening section 8 is an offence under section 33(1)(b). Individual workers can be prosecuted.

7. Know What Employers Cannot Charge For (s9)

Section 9 balances these duties. An employer must not charge employees for anything done or provided to meet a specific requirement of the relevant statutory provisions, such as required PPE.

Common Compliance Approaches

Explain Employee Duties at Induction

Cover sections 7 and 8 in inductions and toolbox talks, with examples from your own site.

Make Reporting Easy

Give workers a simple way to report defects, near misses and unsafe conditions, and act on reports quickly.

Design Out Bypassing

Where guards or interlocks are regularly defeated, find out why. Production pressure or poor design is often the cause.

Example: Employee Duties in Practice

A packaging plant finds that an interlock on a carton erector has been taped over to keep the line running. The manager stops the machine, removes the tape and reminds the shift that interfering with safety devices is a criminal offence under section 8. The investigation shows that frequent jams caused the shortcut, so the plant adjusts the feed system and adds a quick, safe jam-clearing procedure. Operators are retrained and told to report jams through the defect log.

Related regulations: HSWA section 2 general duties, HSWA section 3 duties to non-employees, PUWER work equipment.

Note: This summary reflects the law as it applies in Great Britain, enforced by the Health and Safety Executive (HSE) and local authorities. Northern Ireland has equivalent but separate legislation. Always check the current legislation and HSE guidance.

Frequently Asked Questions

Can an employee be prosecuted under the Health and Safety at Work Act?

Yes. Failing to meet a section 7 duty, or contravening section 8, is an offence under section 33 of the Act.

Does section 8 apply only to employees?

No. Section 8 says no person may intentionally or recklessly interfere with or misuse safety provisions, so it covers visitors, contractors and members of the public too.

Can my employer make me pay for safety equipment?

No. Section 9 bans employers from charging employees for anything done or provided to meet a specific legal requirement.