21Duties of employees in relation to occupational health and safety

#### 21 Duties of employees in relation to occupational health and safety (1) An employee must, at all times while at work, take all reasonably practicable steps: (a) to ensure that the employee does not take any action, or make any omission, that creates a risk, or increases an existing risk, to the health or safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work; and (b) in respect of any duty or obligation imposed on the employee’s employer, or on any other person, by or under this Act or the regulations, to co‑operate with the employer, or that other person, to the extent necessary to enable the employer or other person to fulfil that duty or obligation; and (c) to use equipment, in accordance with any instructions given by the employee’s employer consistent with its safe and proper use, that is: (i) supplied to the employee by the employer; and (ii) necessary to protect the health and safety of the employee, or of other persons (whether employees or not) at or near the place at which the employee is at work. > Note: An employee who breaches subsection (1) may be subject to civil action or a criminal prosecution (see Schedule 2). (2) Nothing in subsection (1) is to be taken to imply that the choice, or manner of use, or choice and manner of use, of equipment of the kind referred to in subparagraph (1)(c)(ii) is not a matter that may be, consistent with the requirements of this Act and of the regulations: (a) agreed on between the employer and employees (or their representatives under paragraph 16A(2)(a) or (b)) of the employer; or (b) agreed on by a health and safety committee in respect of the employees of the employer. (3) Where an agreement of the kind referred to in paragraph (2)(a) (whether or not entered into before the commencement of this section) or of the kind referred to in paragraph (2)(b) provides a process for choosing equipment of a particular kind that is to be provided by the employer, action must not be taken against an employee of the employer for failure to use equipment of that kind that is so provided unless the equipment has been chosen in accordance with that process. (4) Where an agreement of the kind referred to in paragraph (2)(a) (whether or not entered into before the commencement of this section) or of the kind referred to in paragraph (2)(b) provides a process for determining the manner of use of equipment of a particular kind, action must not be taken against an employee of the employer for failure to use, in the manner required by the employer, equipment of that kind that is so provided unless the manner has been determined in accordance with that process.