By Lance Daniels CMIOSH , Botson Daniels & Associates
As we have adapted to a new way of living, be it temporarily or permanently, it seems that the way we work is also changing. For some (if not most in the future) working from home has become or will be the ‘new normal’.
This is bringing with it some benefits for both employers and employees. One could suggest that this may be a win-win for all stakeholders.
However, what has not changed is the legal duties that employers have to ensure that staff are working safely and in ways that will not affect theirs or others health and safety as required by the Health and Safety at Work Act.
As the name implies, the law predominantly applies whilst at work which is normally the office; going forward the key question will be ‘is the home the new workplace?’ and what will that mean for employers with regard to their legal position under the following:
- Health and Safety at Work Act 1974
- The Management of Health and Safety at Work Regulations 1999
- The Workplace (Health, Safety and Welfare) Regulations 1992
- The Health and Safety (Display Screen Equipment) Regulations 1992
Although there have not been any prosecutions from the Health and Safety Executive (HSE) to date, because of any breach of the act or regulations or any accidents reported, whilst working at home, this is not something that can be ruled out in the future.
A working from home risk assessment should be completed to assess if the work can be carried out safely. You must ensure all risks are identified and measures put in place to reduce the risk level to the lowest level possible. To assist employers in completing the risk assessment, the employee should provide sufficient information about the home workstation (providing photos would be helpful).
The main area the HSE is focusing on is display screen equipment (DSE). Employers should provide workers with the means to complete their own DSE assessment at home. The assessment requires the employee to consider all appropriate ergonomic factors.
This practical workstation checklist (PDF) – Portable Document Format may help them.
We are firmly of the opinion that by moving a person’s workplace to their home does not transfer legal responsibility to them and where employers decide to make working from home permanent, they should consider the potential legal ramifications of the ‘new normal’.