Employees have a duty of care in terms of Section 14 of the OHS Act to take reasonable care for their health and safety and that of their colleagues and co-workers.
They are to obey health and safety regulations as provided by the employer and the OHS Act.
Employees have to report any possible unsafe and/or unhealthy procedures, areas or an incident that might have occurred, to the employer or health and safety representative as soon as possible.
Should an employee fail or contravene his duty of care in terms of Section 14 of the OHS Act, he will be held personally liable under Section 37(3) and cannot rely on section 37(1) to avoid liability (any conduct, omission or offence by the employee during the scope of his employment may be imposed on the employer).
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