Duties of Workers and Employees

In the Work Health and Safety (WHS) Act 2011, Section 28 outlines the specific duties of workers. It is designed to ensure that while an employer (PCBU) has the primary duty of care, individuals also carry responsibility for safety in the workplace.

WHS Act (NSW) Section 28: Duties of Workers

While at work, a worker must:

• Take reasonable care for his or her own health and safety; and

• Take reasonable care that his or her acts or omissions do not adversely affect the health and safety of other persons; and

• Comply, so far as the worker is reasonably able, with any reasonable instruction that is given by the person conducting the business or undertaking (PCBU) to allow the person to comply with this Act; and

• Co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

Key Definitions for Context

• "Worker": Under the Act, this is a broad term. It includes employees, contractors, subcontractors, employees of a contractor or subcontractor, employees of a labour-hire company, outworkers, apprentices, trainees, work experience students, and volunteers.

• "Reasonable Care": This is generally measured against what a reasonable person in that position would do, taking into account their skills, knowledge, and the resources available to them at the time.

Why This Section Matters

Section 28 creates a "shared responsibility" framework. While a PCBU must provide a safe environment, this section ensures that workers are active participants in safety—meaning they cannot intentionally ignore safety protocols or engage in "horseplay" that puts others at risk.

In the Occupational Health and Safety Act 2004 (VIC), Section 25 outlines the duties of employees. It is the Victorian counterpart to the worker duties found in the Model WHS Laws.

OHS Act (Victoria) Section 25: Duties of Employees

(1) While at work, an employee must—  

• (a) take reasonable care for his or her own health and safety; and  

  
  

• (b) take reasonable care for the health and safety of persons who may be affected by the employee's acts or omissions at a workplace; and  

  
  

• (c) co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.  

  
  

(2) While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.

Key Observations

• Broad Responsibility: Similar to the Model Law, the duty extends beyond the individual to anyone else who could be impacted by what the employee does (or fails to do).

• The "Co-operation" Requirement: This is a critical legal lever. It means if an employer implements a safety system (like wearing PPE or following a lockout/tagout process) to meet their legal obligations, the employee is legally required to co-operate with that system.

• Misuse of Equipment: Subsection (2) is a specific addition in the Victorian Act that explicitly forbids the tampering with or "mucking around" with safety equipment, such as fire extinguishers, guards on machinery, or first aid kits.

Penalties

Failure to comply with Section 28 of the WHS Act or Section 25 of the Victoria OHS Act can result in significant fines. 

Model WHS Act (Section 28)	OHS Act 2004 VIC (Section 25)
Duty of workers	Duties of employees
Must take reasonable care for their own health and safety.	Must take reasonable care for their own health and safety.
Must ensure acts or omissions do not adversely affect others.	Must take reasonable care for the health and safety of persons who may be affected by their acts or omissions.
Must comply with instructions	co-operate with his or her employer with respect to any action taken by the employer to comply with OHS legal requirements
Must co-operate with any reasonable policy or procedure (= must follow the rules)	While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.