The employee asks: I work with a dough mixer that has a wire bowl guard. Previously, it was not possible to operate the machine if the bowl guard was not in place. The manager decided that adding ingredients to the bowl through the guard was taking too long, and washing the guard after the work was finished also took time. Therefore, he had technicians remove the guard so that the machine would still work. It seems dangerous to work in this way because people tend to put their hands into the bowl of the dough mixer to add or clean something.
Answered by Rein Reisberg, Working Environment Consultant of the Labour Inspectorate:
Users of dough mixers, like users of any other machinery, must not modify the construction or manner of use of the machinery to make the work equipment less safe than the manufacturer intended. Guards are installed for a reason: to avoid dangerous contact with the moving part of the machinery. When using a dough mixer without a bowl guard, there is a risk of getting stuck between the moving dough hook and the bowl or even the hand being caught by the hook. If the guard was removed with the employer's knowledge, this constitutes a deliberate reduction of safety, which is unacceptable.
A worker has the right to refuse to work or to suspend working if this endangers his or her health or that of others. The employer or their representative and the working environment representative must be notified immediately of the refusal to work. Workers also have the right to stop work and leave their place of work or the danger zone in the event of a severe and unavoidable risk of an accident.
Even if there is no immediate risk of an accident or the work does not harm the worker or others, the worker has the right to contact the manager or employer, working environment representative, or working environment specialist if they believe that occupational health and safety requirements are not being met.
Before refusing to work, we recommend informing your employer in writing (for example, by email or SMS) and asking for the problem to be resolved. If the employer ignores the worker's request and does not resolve the problem, and the worker believes that his or her health or the health of others is at risk, the right thing to do is to inform the employer in writing of the refusal or suspension. The notice must state the reason for refusal or suspension, allowing for future evidence of the worker's actions. The notice must provide a detailed description of the task posing a health risk to the worker and how it does so, rather than just a simple refusal statement.
If the problem cannot be solved internally and the continuation of the work poses an actual threat to the worker's life or health, the worker has the right to terminate the employment contract extraordinarily pursuant to clause 3 of subsection 2 of § 91 of the Employment Contracts Act. If the worker terminates the employment contract extraordinarily for a reason attributable to the employer, the employer must pay compensation amounting to three months' average wages as part of the final settlement. In addition, the worker can contact the Labour Inspectorate by writing to [email protected] and describing the company, place of work, and the problems.
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