Health And Safety At Work Act 2015 and who is responsible when staff work from home

Rochelle Farmer, a lawyer at Cullen – The Employment Law Firm, discusses who is responsible for the Health and Safety at Work of employees working from home. The Health and Safety at Work Act 2015 introduced stricter obligations on businesses and officers, however, the Act and relevant case law are silent on the health and safety obligations when staff work from home, she writes. 

Rochelle Farmer


Working from home? Don’t forget health and safety.

Who is responsible for the health and safety of staff working from home? This is a question many businesses may not have turned their minds to. As working arrangements become more varied and flexible it is increasingly important that businesses and workers are aware of their obligations.

The Health and Safety at Work Act 2015 introduced stricter obligations on businesses and officers, as well as significant sanctions for offences under the Act. However, the Act and the cases decided under the Act are silent as to health and safety obligations regarding staff working from home.

Who is responsible?

Businesses must ensure workers’ health and safety “so far as is reasonably practicable”, no matter where they work, including at home.[1] A ‘workplace’ is any place work is carried out and any place a worker goes while at work.[2] But what steps are reasonable for a business to take when the worker is in their own home and the business has little or no control over the premises?

Businesses have primary responsibility for the health and safety of their workers. However, workers also have a duty to take reasonable care for their own health and safety.[3] This duty is particularly important for workers who are working from home.

Many businesses may take the view that if a worker is working from home they are entirely responsible for their own health and safety. After all, they’re in their own home. Despite this logic, businesses are still primarily responsible. Whether working from home is a one-off or a long-term arrangement, there are certain steps businesses should take.

Businesses must ensure workers’ health and safety so far as is reasonably practicable. Reasonably practicable steps are those reasonably able to be done to ensure health and safety, taking into account all relevant matters, including the likelihood of the hazard or the risk occurring, the degree of harm that might result, the availability and suitability of ways to eliminate or minimise the risk, and the cost involved.[4]

Recommended steps

Policy

Businesses with staff working from home should have a policy setting out the expectations on the worker and the business, including specific guidelines as to how the home workspace should be safely set up. The policy should state that any worker who carries out work from home, whether as a one-off or long term, will:

1. ensure their home workspace is arranged so that it is comfortable and ergonomically sound;

2. discuss with their manager any equipment needed to be able to safely perform their work;

3. ensure the workspace is kept clear and free from obstacles or tripping hazards, and is well lit;

4. ensure they have appropriate fire safety equipment, a first aid kit, and have planned their exit route in case of an emergency;

5. ensure all work related information and data is kept secure;

6. take regular breaks; and

7. communicate regularly with their manager and discuss any problems that arise from working from home.

The policy should also state that if any hazard or risk to the worker’s health and safety arises, the worker agrees to inform the business immediately. The worker and the business will then explore ways the hazard or risk can be eliminated or minimised.

Like any workplace policy, a business can only rely on the policy if workers are aware of it and that it must be followed. Businesses should regularly bring the policy to the attention of workers who are working from home and ensure they understand it applies to them. The policy should also address key issues such as keeping confidential information secure, such as by not saving anything to a personal computer or hard-drive.

One step better would be for businesses to get workers, prior to working from home long-term, to sign an agreement whereby the worker agrees to set up their workspace according to specific guidelines, comply with the policy, and that the business can give reasonable notice and come inspect the workspace.

Discussion

We recommend that any time a worker will be working from home (even for one day) their manager should talk with them before work commences to:

1. ensure they have the proper equipment;

2. are comfortable with the set up;

3. do not have any health and safety concerns; and

4. remind them of the business’ policy regarding working from home and discuss any particularly relevant parts with the worker.

Workplace assessment

Where a worker will be working from home long-term, statistically there is a greater likelihood of a hazard or risk occurring. Any cost to minimise risk is more reasonable given the longevity of the arrangement. Accordingly, prior to a long-term working from home arrangement commencing, a workplace assessment by a qualified person, such as an occupational therapist, should also be carried out.

Don’t risk it

While some businesses might think the recommended steps are too much effort just for a worker to work from home, the relatively simple steps of having a good policy and making a phone call are worth it. Although workers have a duty to take reasonable care for their own health and safety, and they have a significant part to play when working from home, the business must start the discussion and ensure steps are taken.

Businesses must be able to show they have taken reasonably practicable steps to ensure health and safety. Of course if you operate a business in a particularly safety-sensitive industry, what steps are reasonably practicable will go well beyond those recommended in this article. If businesses are unsure what steps should be taken, specific advice is strongly recommended.

Disclaimer: the content of this article is not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.

 

Lawyer Rochelle Farmer has an LLB and a BA majoring in Criminology and International Relations from Victoria University of Wellington. Having won the 2015 Client Interviewing competition at Victoria University, Rochelle particularly enjoys meeting clients and working with both employers and employees to see their problems resolved. Email Rochelle via rochelle@cullenlaw.co.nz

You can also connect with Cullen Law via LinkedIn


[1] Health and Safety at Work Act 2015, s 36.

[2] Section 20.

[3] Section 45.

[4] Section 22.