Health and Safety Law: What are my Duties as an Employee?

Last week, three lifeguards were unanimously found “Not Guilty” of a single health and safety charge in Newry Crown Court.

In light of this recent case, employees may be wondering what exactly are their legal duties with regards to health and safety while at work.

Background

On 7 April 2017, Christopher Rodgers (aged 20) tragically drowned in the swimming pool at Orchard Leisure Centre in Armagh.

Mr Rodgers had been practising underwater swimming and breath-holding exercises. Mr Rodgers swam two and a half lengths of the pool underwater before suffering hypoxic blackout. He sank to the bottom of the pool and remained there for 5 minutes before he was pulled out. Sadly, Mr Rodgers died in hospital later that night.

Cathal Forrest-Veigh, William Holden, and James Monaghan were the lifeguards on duty the night Mr Rodgers died. They faced a single health and safety charge of being employees, “failed to take reasonable care for the health and safety of other persons who may be affected by their acts or omissions at work”.

It was submitted as part of the Defence case that the lifeguards had not received any training or guidance about hypoxic shock or the dangers of prolonged breath holding. Mr Rodgers was an accomplished swimmer; the Defendants believed he was simply following his normal training regime. Therefore, while they were aware of Mr Rodgers being submerged, they had no concerns at that time.

On 28 January 2025, the jury found the three lifeguards “Not Guilty” for any breach of their duties as employees under the health and safety legislation.

What are my duties as an employee?

Under Article 8 Health and Safety at Work (NI) Order 1978, while at work, an employee has a duty to:

“…take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work”

There is a clear distinction between an employee’s duty to “take reasonable care” and the much more onerous obligation on an employer to ensure the health and safety of his employees and non-employees “so far as is reasonably practicable”. Thus, it is much less common to see employees charged for potential breach of duty.

However, if faced with Health and Safety charges, both employers and employees must contend with the reverse burden of proof. This means the burden lies with the Defendant to establish that they did take reasonable care or that it was not practicable nor reasonably practicable to do more than was done to keep employees safe.

In order to comply with your duties as an employee, you should:

• Follow any training you have received when using any work items your employer has given you.

• Co-operate with your employer on health and safety matters.

• Use PPE correctly.

• Speak with your employer or health and safety representative if you think the work is putting anyone’s health and safety at risk.

If you would like any further information or advice relating to health and safety law, please contact Eilis Maguire or another member of the Health & Safety team at Carson McDowell LLP.

*This document does not constitute legal advice and should not be relied upon as a substitute for legal advice that is tailored to your individual circumstances.