A reader asks: the employer instructs to deliver parcels up to 31.5 kg, but the employee knows that there are restrictions on loads lifted manually by men. Can he refuse to lift such a weight? Can he be dismissed for this?
Read more Justinas, a father of many: «The biggest risk in life is not taking risks»
According to R. Joskaudienė, the first important thing: a 31.5 kg parcel does not mean that one employee must carry it manually.
“The fact that a parcel is accepted for transport does not mean that the employee has to lift it alone manually, carry it up stairs, drag it across the yard, or load it into a car under any conditions,” the lawyer stated.
According to her, in occupational safety and health law, it’s not just the number on the parcel label that matters. It is assessed how the load is handled: at what height it is lifted, how far it is held from the body, whether bending, twisting, carrying up stairs is required, whether there are auxiliary means, whether the employee is trained, and whether the work is actually safe.
Second important thing: “25 kg for a man” is not a universal permit.
“It is often said: ‘a man can lift up to 25 kg’. However, it is not that simple.
According to current regulations, there is no longer a single fixed weight applicable to all cases. The specific situation is assessed. The State Labour Inspectorate (VDI) indicates that, depending on the height of the load lift and the distance from the employee’s body, the regulated weight varies: for women – from 3 to 16 kg, for men – from 5 to 25 kg,” said R. Joskaudienė.
According to her, this means that 25 kg is not “always allowed,” but only the maximum limit under certain conditions. If the load is held further from the body, lifted awkwardly, above the shoulders, from the ground, carried up stairs, or requires twisting when lifting – the safe limit can be significantly lower.
Third important thing: the employer must organize work safely.
“The employer’s duty is not just to say: ‘take it and carry it’.”
The employer must assess occupational risk, instruct the employee, train them to work safely, provide auxiliary means, and organize work in such a way that the employee is not forced to risk their health,” warned R. Joskaudienė.
According to her, this can mean very practical solutions: a trolley, a hoist, a second employee, a different loading method, splitting the parcel, changing the delivery procedure, or clear instructions on how such parcels should be handled.
Can an employee refuse to lift an excessively heavy load?
“Yes, an employee has the right to refuse to work if there is a danger to their safety and health, or if they have not been trained to perform the work safely, or if the necessary protective or auxiliary means have not been provided.
However, it is very important: the refusal must be justified and properly documented. The employee should not simply quit or verbally conflict. The most appropriate way is to immediately inform the manager in writing, or verbally if a record is made, why a specific load is refused to be lifted,” explained R. Joskaudienė.
For example: “I inform you that the assigned parcel weighs 31.5 kg. Please specify a safe method for handling this parcel, provide an auxiliary lifting/transportation device or a second employee. Until safe conditions are provided, I refuse to lift this load manually, as it poses a risk to my safety and health.”
Can one be dismissed for such a refusal?
“If the refusal is based on a real risk to safety and health, it cannot be considered a violation of work duties. This means that dismissal of an employee solely due to such a justified refusal would be legally very questionable,” said R. Joskaudienė.
However, according to her, there is another side: if an employee refuses to work without a clear reason, does not notify in writing, arbitrarily fails to perform work functions, or if the refusal is later deemed unjustified, a labor dispute and negative consequences for the employee themselves may arise.
Therefore, the most important rule is: not to suffer in silence and not to conflict, but to act in writing, clearly and justifiably.
What should an employee do?
“First – clarify whether the company has a manual handling instruction and whether the employee is familiar with it. Second – ask for instructions on how to safely handle a specific heavier parcel. Third – if the load clearly exceeds safe limits or there are no auxiliary means, notify in writing about the refusal to lift the load. Fourth – save messages, tasks, parcel weight data, photos, route information. If pressure is applied – contact the employee representative, occupational safety specialist, State Labour Inspectorate, or labor dispute commission,” listed R. Joskaudienė.
She reminded that an employee’s back is not a tool that can be replaced with a new one. Thus, work productivity cannot be created at the expense of the employee’s health.
