Since the Covid Pandemic there will be changes to the way people work, including working from home, few employers have developed policy and procedures for this new normal, and therefore leave themselves open to prosecution and Civil Liability.

Changing working practices in the company, particularly:

1. The increasing use of IT communication mechanisms;
2. Cost pressures on small regional offices (particularly sales);

Since Covid moves to more flexible hours of working and part-time employment mean that more and more employees are now working from their homes, without a permanent office base (For the purposes of this guidance, “home” is defined as an employee’s home or residence, temporary or permanent, from which the employee carries out day-to-day business on behalf of his/her employer, and which is designated by the employer business for such use).

These changing practices apply in particular to sales and other commercial staff, Employees based at home often used to be referred to as “outworkers” but are now more properly described as “teleworkers” or “home workers”. There are generally two categories of home workers – those who work permanently at home and those who work from home (for example, field sales representatives) who have no other office base. This article applies to both groups it does not apply to those employees who voluntarily take work home. In the USA the regulatory authority OSHA carefully distinguishes between injuries to employees whose normal place of work is their home (which are regarded as work-related) and those employees who voluntarily take work home (which are not). Most other national safety bodies makes similar distinctions.

This article has been produced to ensure that employees working at home receive the same health, safety and welfare protection as those working in company premises, and to assist managers to meet legal and company requirements for the health and safety of their staff.

Staff working from home have a right to expect the same attention to their health and safety as those working in company premises and in most countries these rights ore enshrined in legislation. These rights are recognized in Safety Health & Environmental Standards and Guidelines “Guidelines for Preparation of Procedures for the Provision of a Safe and Healthy Place of Work at Non-Manufacturing Locations” which states the following principles: The key point to note is that these principles are as relevant to employees working from home as to those in company offices or other locations. Equally, most legislation aimed at the health and safety of employees applies irrespective of the work location of the employee or of his/her location at the time of

Think of the one place where you feel safe, a place you consider your refuge.     For most people that safe haven is home. Unfortunately, this sense of security is a false one. The reality is that workers are much more likely to be killed, maimed or injured off the job. Why? Here are my theories and what we can do to eliminate the risk of off-the-job injuries.

The Statistics: In 2019, 5,764 workers in the United States died on the job; 3.7 million suffered injuries that left them temporarily or permanently disabled. Millions of others received less serious injuries.

Now consider that in the same year, about 44,100 workers died and 6.8 million suffered disabling injuries in off-the-job accidents. This equates to nearly eight times the work-related death rate and almost twice the on-the-job rate. (These figures are only for workers on and off the job, not the entire population.)

Why the Disparity between On- and Off-the-Job Injuries?

How do we explain this wide disparity between safety on and off the job? Part of the answer is the fact that most workers spend only between a quarter to a third of their time on the job. Statistically, the greater number of hours spent away from work increases the likelihood of off-the-job injuries. Of course, a good portion of the time spent away from work is – or should be – spent sleeping. This should reduce some of the risk of injury – although people do get injured while sleeping.

I believe, though, that the main reason for the imbalance between on- and off-the-job injury rates lies in divergent environments and the types of activities in which the workers engage. Let’s contrast the two environments starting with the workplace.

The Workplace Environment: The workplace is a controlled environment where safety is mandated and systematically provided for:

• Generally, the workplace environment is quite structured. By this I mean it is designed to keep workers in specific locations while they are performing particular tasks.
• Workers have been trained to perform these tasks, are familiar with them and have some degree of supervision.
• The workplace is regulated and must be maintained in compliance with applicable building codes, sanitation codes and workplace safety standards.
• Workers are provided with protective equipment according to the hazards they may face.

The Home Environment: In contrast to the work environment, there is little to no safety restrictions and system in the at-home/off-the-job environment. Workers who are off duty are free to go just about anywhere and do just about anything they want, including activities for which they have little training or familiarity.

 This includes dangerous activities such as using a chain saw or other powered yard care equipment, moving heavy appliances and furniture and using ladders. This is a recipe for danger. Unless our job entails a lot of driving, we drive much more off the job than on. This creates yet another series of risk exposure. These include accidents, aggressive driving and road rage and loading heavy or bulky things into your vehicle.

Minimizing the Risks

So how do we reduce the potential for off-the-job injury and death? The simplest, but most often overlooked solution, is to ensure that we remember and use the same safety practices and attitudes that we apply on-duty when we’re off the job. Too often, when we punch out, we leave our safe attitudes and respect for risks at the workplace door. Safety isn’t a workplace behavior; it’s a life behavior. It’s something we must learn to take with us wherever we go. Here are some tips for you and your workers to keep in mind when you’re off-duty:

When setting up an arrangement for an employee to work from home, the manager of the employee must consider all the following aspects of the arrangement:

(a) Do the employee’s house building contents and/or other assurance policies’

(1)       Permit working at home?

(2)       Provide third party liability cover as a result of work activity at home?

(b) Do local regulations, including local housing estate agreements, permit working at home?

(C) Does any relevant home loan (building society) agreement permit working at home?

It is recommended that the manager obtain written confirmation from the employee that these aspects of the arrangements are in order before home working starts.

The home workstation should, where practical, be in a room separate from the normal domestic areas of the home. Other factors to consider when selecting the station are:

(a)       Structural loading;

(b)       Alternative escape routes;

(C)      Sample and literature storage:

(d)       Safety equipment, particularly fire safety extinguisher, smoke alarm etc

(e)       Electrical facilities meet all local authorities standards

(f)        Work equipment

(g)       Telecommunications equipment;

(h)       Security.

It is particularly important to consider the possible inter-relations between the employee at the workstation and other members of the household. Do children play frequently immediately outside the workstation window? Is the bathroom only accessible from the workstation? In other words, what distractions could exist, to the detriment either of the employee’s work, or his/her family? The use of an automatic door closer on the door to the workroom is strongly recommended, both as a fire safety device and to minimize distractions.

Garages and buildings separate from the house are not acceptable locations for home working, and lofts and cellars are rarely suitable because of lighting and ventilation issues. The manager and employee should also consider lighting. The lighting fitted in domestic premises is usually provided more for cosmetic purposes rather than for commercial requirements. The homeworker should be made aware of the possible effects of domestic lighting, e.g. eyestrain, when working for extended periods.

Finally, consideration should be given to items of furniture, equipment and confidential documents with regard to security, both from the criminal and from children in the home. Sales representatives must be reminded that chemical samples should not be stored or held in domestic premises.

Cupboards and shelves should be of rigid construction, suitable for their intended use. It is advisable that they are fitted with lockable doors or shutters for visual and security reasons and secured to the wall.

Filing Cabinets should be lockable and of the type fitted with drawer interlocks which prevent more than one drawer being opened at one time. Where more than one filing cabinet is used, consideration should be given to fixing both together to increase stability.

Safety Equipment: The room should be fitted with at least one smoke alarm. (This may be permanently wired, or battery powered). A suitable fire extinguisher should also be located within the room. Sufficient electrical sockets should be available without the need to use extension cables, or multi-point sockets. The electrical circuits of the room should be protected by an earth Leakage Circuit Breaker (ELCB) or Residual Current Detector (RCD) device.  This could be permanently installed or a portable type. Smoke alarms should be tested periodically according to the manufacturer¹s recommendations.

Once working from home is underway, it is important that the arrangement is regularly reviewed. A thorough review on at least an annual basis is recommended. The review should look at all the aspects of the home working arrangement which were examined when it was initially established;

Finally, it is important for managers of homeworkers to be constantly aware of the danger that “out of sight” could mean “out of mind”. The homeworker must be subject to the same level of protection, and other employment considerations, as a member of staff based within an ICI office In particular, managers & employees should consider the following:

• Keep the owner’s manuals and instructions for all power tools and equipment in one location such as a file drawer or binder.
• Before you use a piece of equipment, review the instructions and safety precautions, especially if you haven’t used the equipment in some time.
• Review and observe the safety labels on ladders.
• Use appropriate personal protective equipment such as gloves, eye and hearing protection and sturdy footwear and clothing.
• Get help lifting heavy items and practice good body mechanics.
• Practice defensive driving and courtesy at all times. Don’t react to aggressive drivers, and don’t engage in aggressive driving yourself. Wear your safety belt at all times and insist that all passengers do the same.
• Above all, be sure you are physically capable of performing a particular task and be sure to stretch and warm up before doing anything strenuous.

Conclusion

Wear your safety practices like a cape or a second skin. Take it with you everywhere and don’t leave it behind when you leave work. By using good basic safety practices at all times and everywhere, we can help to reduce needless off-the-job injuries and the huge monetary and human costs that accompany them.

Dr Bill Pomfret; MSc; FIOSH; RSP. FRSH;
Founder & President.
Safety Projects International Inc, &
Dr. Bill Pomfret & Associates.
26 Drysdale Street, Kanata, Ontario.K2K 3L3.
www.spi5star.com      pomfretb@spi5star.com
Tel 613-2549233