Employee's duties under Health and Safety legislation
Section 7 and section 8 of the Health and Safety at Work act are aimed at the employee rather than the employer.
Section 8 states that no one should recklessly interfere with or miss-use anything provided in the interests of health and safety.
Section 7 states that an employee must take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions.
It is this section that the most prosecutions of pallet truck operators take place. The maximum penalty for an offence under section seven or eight of the Health and Safety at Work Act is a £20,000 fine.
It is the duty of the person charged with the offence that, at the time of the accident, they were taking all practicable precautions to avoid it. The court does not have to prove guilt: it works the other way around!