Occupational health and safety for employees comprises 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 ArbeitnehmerInnenschutzgesetz, abbreviated ASchG, is relevant.
Duties for employees regulated in Paragraph 15
Paragraph 15 of the ASchG sets out the requirements for an Austrian employee. It obliges employees to act in accordance with the employer's instructions or directions. They 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 any workplace accident to their supervisor immediately. The same applies to incidents that almost led to an accident or otherwise constituted a safety-relevant danger.
The ASchG prohibits employees from putting themselves into a state through medication, alcohol, or addictive substances that could potentially endanger themselves or others. The law also forbids removing, altering, relocating, or putting protective devices out of operation. The latter prohibitions do not apply when work-related reasons such as repair or maintenance work require the listed actions. If employees cannot reach the responsible person in the face of an immediate, significant danger, they are obliged 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 employees' duties, there are likewise rights regarding occupational safety. The latter implies requirements that 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. These include appropriate clothing and equipment. A extensive range of occupational safety equipment can be obtained by companies, for example, from Engelbert-Strauss.
Furthermore, Paragraph 3 of the ASchG obliges employers to inform their employees about the design of work in accordance with the current state of technology and taking existing hazards into account. In addition, the law prescribes measures and instructions so that, in the event of serious dangers, employees suspend their work and move themselves to safety. If hazards cannot be avoided, employers are required to implement appropriate markings/signage. As a rule, 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. The latter inform, advise and support employees. They also act in an advisory capacity to the employer with regard to employee protection.
