The Obligations of Workers in Occupational Risk Prevention

Understand the responsibilities of workers in occupational risk prevention in Portugal, including disciplinary, civil, and criminal consequences of non-compliance.

· 6 minutos · Segurança no Trabalho

The Obligations of Workers in Occupational Risk Prevention

The protection of all individuals within a company is primarily the obligation of the employer and its management. However, it is essential to emphasize that workers also play a crucial role and have inherent responsibilities regarding occupational safety and health. We are often aware of the responsibilities that fall on companies in case of non-compliance in occupational risk prevention, but we do not always have the same clarity regarding the responsibilities that can be attributed to workers who disregard established norms or guidelines, thereby endangering their own safety and that of third parties.

In Portugal, Law No. 102/2009, of September 10, amended by Law No. 3/2014, of January 28, which establishes the legal framework for promoting occupational safety and health, defines obligations for both parties. It is crucial for workers to understand their active role in maintaining a safe and healthy work environment.

Duties of Workers

In accordance with current legislation, workers have a duty to ensure, to the best of their abilities and by complying with adopted prevention measures, their own safety and health, as well as the safety and health of other people who may be affected by their professional activity. This must be done in accordance with their training and the employer's instructions. In particular, it is the worker's duty to:

Consequences of Non-Compliance

Non-compliance with occupational safety and health obligations by workers can lead to various legal consequences. The main ones are:

Disciplinary Responsibility

Workers who disregard occupational safety and health rules may be subject to disciplinary sanctions by the employer. The severity of the sanction will depend on the nature and impact of the non-compliance, ranging from a warning to dismissal for just cause, due to indiscipline or disobedience to instructions and guidelines given regarding occupational risk prevention.

Civil Responsibility

If the non-compliance results in a work accident or an occupational disease, and it is found that there was intent or negligence on the part of the worker who caused the damage, they may be held civilly liable. The worker may be obliged to compensate the injured party for the damages caused. If the company is obliged to pay compensation due to damages caused by a worker who disregarded a safety and health order or instruction, it may, in certain cases, recover that amount from the worker.

Criminal Responsibility

In addition to disciplinary and civil liability, if the worker's non-compliance results in serious physical injury or death of third parties, criminal liability may be attributed to them. Even if the injuries were caused by imprudence, Portuguese law provides for sanctions for crimes of offense to physical integrity through negligence, such as imprisonment or a fine, depending on the severity of the injuries and the risk created.

It is important to emphasize that the different responsibilities (disciplinary, civil, and criminal) are not mutually exclusive and can accumulate depending on the situation.

When the Injured Party is the Offender

There are several judicial precedents in Portugal that demonstrate that, when a work accident or an occupational disease results from the improper use of prevention mechanisms made available by the company, or when it is exclusively attributable to the fault of the injured worker, the company may be absolved of responsibility. In such cases, the injured worker may not be entitled to any compensation and may even be subject to disciplinary sanctions by the employer, including dismissal, in accordance with labor law.

Conclusion

In summary, although the company is the main guarantor of occupational safety and health, all members of its team have duties and responsibilities. It is imperative that each worker ensures, to the best of their ability, their own safety and that of their colleagues during the performance of their professional activity, actively contributing to a safe working environment for all.

Written by Dulce Barbosa

Diretora da Área de Formação

Dulce Barbosa is Head of the Training Department at Quirónprevención Portugal, responsible for the design and quality of the DGERT-certified training content. She is dedicated to ensuring relevant, up-to-date training tailored to the real needs of companies and their employees.