Occupational safety for employees encompasses all measures that prevent work-related health or safety hazards. Employee protection entails rights, but also duties, for the respective employees. The majority of national protection laws and regulations in Austria are based on the EU's occupational safety directives. In this context, the Employee Protection Act, abbreviated ASchG, is relevant.
Duties for employees regulated in Paragraph 15
Paragraph 15 of the ASchG regulates the requirements for an Austrian employee. It obliges employees to act in accordance with the employer's instructions or directives. They must use work equipment properly. This includes the duty to use protective equipment for its intended purpose and to store it in the designated place. They must report every work accident to their supervisor immediately. The same applies to incidents that nearly led to an accident or otherwise constituted a safety-relevant hazard.
The ASchG prohibits employees from putting themselves into a state through medication, alcohol, or addictive substances that potentially endangers them or others. The law also prohibits removing, modifying, rearranging, or deactivating protective devices. The latter prohibitions do not apply when work-related reasons, such as repair or maintenance work, require the listed activities. If employees cannot reach the responsible person in the case of immediate, significant danger, they have a duty to warn other employees and avert harm to life or health. In this regard, Paragraph 15 requires the use of available technical means and the taking of reasonable, absolutely necessary measures.
Employees' rights are derived from requirements placed on employers
In addition to the duties of employees, there are likewise rights regarding occupational safety. The latter implies requirements the employer must fulfill. The ASchG on employee protection requires them to ensure safety and health protection. This includes, in addition to instruction, measures to prevent work-related hazards and the provision of the necessary means. The costs must be borne by the employer. This includes appropriate clothing and equipment. A an extensive range of work safety equipment companies can, for example, obtain from Engelbert-Strauss.
Furthermore, Paragraph 3 of the ASchG obliges employers to inform their employees about workplace organization in accordance with the current state of technology and taking into account existing hazards. In addition, the law prescribes measures and instructions so that in the event of serious danger employees can stop their work and bring themselves to safety. If hazards cannot be avoided, employers are obliged to provide appropriate markings. In principle, employees have the right to be heard by their employer on all matters concerning health and safety in the workplace. The law requires the appointment of safety representatives. These inform, advise, and support the employees. In addition, they serve in an advisory capacity to the employer regarding employee protection.
