Every employee is under a duty under section 7 of the Health and Safety at Work etc Act 1974 (HSWA 1974), while at work, to take reasonable care for the health and safety of themselves and of other people who may be affected by their actions or omissions. Where there is a legal requirement on an employer to do certain things to ensure health and safety, then the employee must co-operate with the employer to enable the employer to fulfil their legal duty. For information on the duty on employers to ensure the health, safety and welfare of employees and third parties, see Practice Notes: Safety and the risk to safety under the Health and Safety at Work Act 1974, Failure to carry out health and safety duties under HSWA 1974—offences, Directors’ duties for health and safety and Health and safety law and the self-employed.

'Employee', as defined in HSWA 1974, s 7, means an individual who works under a Contract of employment or is treated by HSWA 1974, s 51A,