OHS standards still apply when employees are working from home (telecommuting). This type of flexible arrangement is becoming increasingly common, particularly with insurance and finance industry organisations.
However employers need to be vigilant about their OHS responsibilities when employees work from home. OHS and workers compensation legislation apply in all places of work, and therefore, employers become liable for injuries caused in the home whilst the employee is "at work".
The boundaries of responsibility are unfortunately blurred. On the surface it appears to be unreasonable to expect employers to ensure the health, safety and welfare of employees working from home. Nonetheless it is embedded in the duty of care concept in New South Wales, so it's important to establish clear ground rules on when and how employees will be working from home.
The employer's responsibilities include such things as:
- ensuring work premises are safe and without risks to health
- ensuring any plant or substance provided for use by employees are safe and without risks to health
- ensuring systems of work and the work environment of the employees are safe and without risks to health
- providing necessary information, instruction and training to ensure the employee's health and safety.
Provision of flexible working arrangements has been linked to improved staff morale, reduced stress, increased staff retention and increased productivity. Competition between employers to attract the best staff, as well as legislative requirements and recent case law, are all contributing to the increased prevalence of flexible working arrangements.
When setting up arrangements for employees to work from home a policy needs to be developed in consultation with employees. The policies implemented in these circumstances usually provide for a workplace inspection of the home. Management representative or an OHS committee member, health and safety representative can conduct the inspection.
Other relevant issues to be considered in relation to working from home include:
- establishing what, if any, equipment will be necessary for an employee to safely undertake home-based work (for example, is there a suitable desk, chair and computer?)
- provision of a first aid kit and arrangements for the management of an emergency
- supervision of employees and reporting requirements in the event of an injury
- establishment of designated work areas within the home, agreed hours of work including breaks and communications procedures.
For assistance with managing OHS in your business:
Contact Ramon Gebert via email or call on 13 26 96.