It might seem cosy, but working from bed is not WHS compliant. Photo: pixelfit.
You might be legally responsible for that spare bedroom your employee turned into a home office – at least some of the time.
With hybrid and remote work now the norm across many industries, employers must reckon with a sometimes overlooked reality: their workplace health and safety (WHS) obligations extend to the workspaces employees rig up at home. And failing to address risks could have real legal consequences.
MV Law employment lawyer Amy Sydney says while many employers have accepted that remote work has shifted to standard practice, many haven’t caught up with evolving WHS obligations.
“You have to think of your employee’s home office as an extension of the workplace because in a legal sense there’s little distinction,” she says. “You’re legally obliged to take reasonably practicable steps to ensure your employee’s home workspace is safe, same as you would in the office.”
From physical safety to mental health considerations, workplace health and safety laws apply wherever the work happens.
The Workers Compensation ACT governs the provision of compensation and support to workers who suffer work-related injuries or illnesses. The Workers Compensation Act 1951 and Work Health and Safety Act 2011 are the primary legislations that set out the legal duties and responsibilities of employers and workers to ensure safe and healthy workplaces in Australia.
Ms Sydney says insurance is one potential gap for employers to seal.
“Don’t assume your workers’ compensation insurance automatically extends to all staff working outside of your place of business,” she says.
“If you have employees working in another state, it’s important to check with your insurer that they’re covered because your policy may not operate Australia-wide.”
MV Law employment lawyer Amy Sydney says many employers have lost pace with the legal ramifications of Australia’s evolving work-from-home landscape. Photo: Michelle Kroll.
Meeting your WHS obligations is more complex when employees are offsite – environments outside the office are harder to monitor and control.
Employers should have policies in place to manage risks, starting from the moment remote work is agreed upon.
Beyond policy, employers should also verify a remote setup is actually safe.
“In a perfect world employers do things like go out and do workstation assessments as they would in the office, but this might not be feasible for every business,” Ms Sydney says.
“At the very least they should communicate to their employees their expectations for a dedicated work station and be clear that sitting on the couch or in bed is not an option. They should provide guidance on eliminating things like trip hazards and optimising ergonomics.
“Best practice is to ensure employees take photos of their workspace and ensure there is a system in place to recheck this periodically.”
While it’s virtually impossible to eliminate all hazards – even in a regular workplace – employers must do everything reasonably practicable to ensure their employees’ safety.
Workers’ compensation is a no-fault scheme.
“In one South Australian case, a remote worker tripped on a pet gate while getting a cup of tea and successfully claimed workers’ compensation. The tribunal ruled this everyday act fell within the course of work duties, reinforcing how broadly the law can apply,” Ms Sydney says.
“Ultimately it wasn’t about whose fault it was. The question was literally: did that injury occur in the course of business?”
If you can’t conduct onsite assessments of your employees’ dedicated at-home office space, experts recommend requesting photos. Photo: Image-Source.
WHS obligations are not limited to physical hazards; an increasing emphasis is placed on protecting a worker’s psychological safety.
Uptake of Employee Assistance Programs or EAPs – a confidential, employer-funded support service that helps employees deal with personal or work-related issues that may affect their wellbeing, job performance or mental health – has been steadily on the rise over the past five years.
“EAPs are widely considered best practice, but they are not mandatory,” Ms Sydney says.
“At the very least, employers should put in place processes and procedures to maintain regular contact with their employees working from home. These might be weekly meetings or simply picking up the phone to say ‘Good morning, what’s your day looking like?’.
“If you’re not maintaining direct contact, at the very least that person needs to know who they can go to if they do need something.
“If you’re feeling a little lost on where to start, Safe Work Australia and WorkSafe ACT have numerous resources including working from home risk assessments and checklists. Seeking professional advice will help you plug any gaps.”
For more information contact MV Law.
