It came as quite a surprise to hear that the Conservatives, in their election campaign promises, that working remotely is a new reality for many public servants as we carry on work during the COVID-19 pandemic, I wonder how much, if any thoughts about the legal implications of such a strategy.

While it offers some advantages and flexibilities, many of us are continuing to adjust to these new circumstances that are impacting our work and home life.

To be successful while working remotely, we need a workspace that promotes efficiency and effectiveness. Take the time to create the right conditions for success and wellness, there are many considerations to be taken first, this article addresses them.

Many people live in homes that are unsuitable for homeworking, and the only spare space is in the basement, if not professionally finished, there may be damp or mold which is hazardous to health.

1 INTRODUCTION

Changing working practices in the company, particularly:

The increasing use of IT communication mechanisms;
Cost pressures on small regional offices (particularly sales);
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 in government or company premises (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 an employer for such use.

These changing practices apply in particular to civil services, but will include sales and other commercial staff, and of course they are not peculiar to civil servants it is estimated that 10% of the working population now work “mainly from home”.

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 guidance 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.

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

LEGAL SHE REQUIREMENTS

Staff working from home have a right to expect the same attention to their health and safety as those working in their employer premises and in most countries like Canada these rights ore enshrined in legislation. These rights are recognized in most company and government Safety Health & Environmental (SHE) Standards and Guidelines and particularly “Guidelines for Preparation of Procedures for the Provision of a Safe and Healthy workplace, it must be remembered that;

(a) Managers are responsible for SHE performance.

(b) Advisors in Safety/Fire, Occupational Health and Environmental matters should be appointed to assist the nominated manager in identifying and meeting his/her responsibilities; in SHE related matters, including national/local regulations.

Regular inspections / audits should be carried out by the nominated manager to ensure compliance with the legal SHE Standards.

The key point to note is that these principles are as relevant to employees working from home as to those in company or government offices.

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 an incident, providing the employee is at work” The Union Directive places duties on employers to protect the health, safety and welfare of their employees whilst at work including those who work at home, and there is also a duty on the home working employee to take care of themselves and others who may be affected by their work. In the UK the Health and Safety at Work etc Act 1974 lays down in Section 2 the general duties of employers to employees and requires the employer to “provide information, instruction, training and supervision to ensure the health, safety and welfare of employees”, so far as is reasonably practicable, irrespective of location. In Canada the law requires employees to keep lists of homeworkers employed outside the factory premises, which must also state the address where the homeworkers work. Similar legislation applies in many other countries.

Remember also that local legislative SHE is reporting requirements can cover incidents. including injuries, to employees located elsewhere than in government and company offices, for example, Federal and Provincial law requires that reporting of certain work-related accidents. diseases and dangerous occurrences if connected with work, and not just those which occur on designated work premises.

Central to most of this kind of legislation is the requirement to carry out and record risk assessments for the activities of employees whilst at work. Records of assessments should be kept even If no significant findings are identified, since this would facilitate a defense of “due diligence” in the event of a mishap.

So in summary:

(a) Health & Safety standards for the protection of employees apply irrespective of work location.

(b) Most legislation for the health and safety of employees applies equally to those working at home.

Incidents and injuries to employees working at home must be reported and investigated with the same as those in government and or company offices.

(d) The risks associated with working from home must be assessed and recorded before the employer designates working from home.

It is particularly important to consider the possible inter-relations between the employee at the workstation and other members of the household. Do the 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.

3 INITIAL CONSIDERATIONS

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:

3.1 Insurance Issues

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

(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?

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 especially condominium premises.

3.2 Work Area

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;

(d) Safety equipment, particularly fire safety (see Section 3.4);

(e) Electrical facilities (see Section 3.5);

(f) Work equipment (see Section 3,3);

(g) Telecommunications equipment

h) Security

Garages and buildings separate from the house are not acceptable locations for home working, and lofts and basements or 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. (See also Section 3.3).

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. Civil Servants and company Sales representatives must be reminded that chemical samples should not be stored or held in domestic premises.

3.3 Work Equipment

The items required for home working are most likely to consist of:

(a) writing desk with chair

(b) computer and computer desk;

(d) filing cabinet(s);

(e) shelving for books/folders/binders, etc.:

(f) extra work surfaces for printer, fax, photocopier, etc.

Each of the above items should be of good quality and suitable for the intended use. Where appropriate, manufacturer’s operating instructions should be available. The items should also conform to current legislative and government requirements with regard to dimensions, fire resistance, electrical testing, etc. To ensure fitness for purpose these items should be ordered through government Purchasing and Supply departments.

The following specific comments may help in the selection of these items:

(1) Chair

This should have an adjustable back (both height and tilt), sufficient lower back support, and provide a firm seat which should be adjustable in height. The chair should be stable and should be fitted with a five-arm spider and castors. If fitted with arms, these should be short and not interfere with the user when typing.

In most office situations within government premises the requirement will be designed for the user to maintain a fixed upright posture during keyboard use. The situation within a home workstation will be more for freedom of movement and comfort than for posture. There is a need to ensure that in all situations the chair remains stable.

(2) Computer Desk

A computer desk will need to be of sufficient size to support a full-size PC and screen, and allow room for papers/documents to be available and a mouse to be used. There should be sufficient space provided for positioning the keyboard to allow the user to maintain the forearms horizontal when using it. The surface of the desk should be of a low reflectance material.

(3) Lighting

Adequate lighting must be provided, for example, 500-lux local lighting for “hard copy” work, with background lighting at 200-30O-lux. When working with a visual display terminal (VDT) particular care must be given to minimize screen reflections and glare. Helpful advice is given on this topic in the VDT guidance mentioned in Section 5.

(4) Cupboards/Shelving Units

These 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.

(5) Filing Cabinets

These 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.

Finally, the employee and the manager both need to be clear about “‘who owns what” with respect to office equipment and furniture in the home. Draw up a list of ownership, agree on it, and file it.

3.4 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.

3.5 Electrical Facilities

All items of electrical equipment, e.g. personal computer, printer, fax, photocopier, etc., should conform to current standards with regard to registration and testing. Items such as extension leads and power cables for the above equipment should also be registered and tested. Where the equipment is owned by arrangements must be made for the homeworker to bring items into an facility at which a competent electrician is based, and who could carry out the necessary checks to ensure continued safety of the equipment. Where this is not possible the testing should be carried out by a qualified electrician. Equipment which is hired or leased remains the responsibility of the hire company and the employee should ensure that a system of regular testing is agreed on.

All equipment should be positioned so that extension leads, and cables do not present a tripping hazard. Experience suggests that the telephone/modem lead can result in a particularly high risk of injury. Plugs and cables should be inspected to ensure they are not damaged and remain fit for purpose.

Employees working at home should have a basic understanding of safe electrical working bade.

Businesses may consider that the cost of ensuring electrical safety for home working by the provision of RCDs, etc. should be to the account of the Business. The Business, however, should not be seen to be taking responsibility for the safety of domestic electrical circuits.

3.6 Ergonomics

As in the office, one of the key health issues associated with work at home is the avoidance of eye and body strain from spending long periods at a desk, particularly in front of a VDT. The legislation in most countries requiring an assessment of this health risk (e.g. the Health and Safety (Display Screen Equipment) of VDTs in all workstations including those for home workers. Similar legislation may exist in countries outside north America. Employees working at home must be included in the business procedure for VDT assessment, Detailed guidance on the management of risks associated with VDTs is available in a separate SHE Information for Managers Note H-016 (see Section 5). This note and another note on Health Assessment Programs (see Section 5) describe the need for eye tests on VDT operators and point out that the cost of these, and of any relevant corrective appliance, should not be carried by the employee. The same principle must apply to those working from home.

It is also important that people working from home are not at risk from manual handling injuries. These are now almost as common in the office environment as on operating sites, and for home workers the home is, of course, their office. Detailed guidance on the management of risks associated with manual handling is again available in a separate SHE information for Managers Note (see section 5).

4 ONGOING CONSIDERATIONS

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; the form in Appendix A may be a useful mechanism to assist in this.

This review is, In effect, a straightforward risk assessment, a requirement of employers in most countries “Guidelines for Preparation of Procedures for the Provision of a Safe and Healthy Place of Work at Non Manufacturing Locations”. The risk assessment should identify all the hazards (however large or small) relating to the homeworker’s work activities and consider whether sufficient steps have been taken to prevent harm to him/herself or other people who may be affected by the activities. In most cases involving general office type work, including working from home, a risk assessment would not need to be carried out by the manager or A SHE specialist but could be completed by the homeworker him/herself using the form in Appendix A, followed by a discussion with the manager to agree improvement actions.

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 a government office In particular, managers should consider the following:

(a) Training issues assume a greater level of Importance for home workers. Not only should “conventional” office staff training be given but also several additional areas need to be addressed. Training should cover the use of “standard” office equipment. In a traditional office, whenever there is a problem with the operation of equipment there is usually someone around who can offer assistance Obviously this is not the case with homeworker. Basic training should be given on the operation of fax machines, printers and other pieces of equipment.

Safety training should not, of course, be forgotten and the basics of correct display screen equipment use, manual handling, electrical safety, safe driving, etc, should be included in the employee’s training programme.

The method of training delivery varies from organisation to organisation. Some training courses could be delivered directly via a computer-based training package or given in the form of a personal presentation The advantage of face-to-face briefing sessions is that the individual considers him or herself to be a part of the office set-up. The disadvantage is that, commonly, training courses have to be arranged for small numbers of staff who are difficult to bring together in one place at one time.

The SHE Inspection and auditing system for the business must not exclude those working from home. For example, home workers should be included in the operational auditing schedule for housekeeping, travel and health assessment. Appendix A may be of help in home workstation auditing.

Attention to team working is vital because the home worker is physically removed from the office, extra effort needs to be made to ensure that he or she still considers him or herself to be part of the team. It has been reported that up to 25% of teleworkers suffer from some sort of psychological problem as a result of working in isolation. Some organisations require their home workers to attend the office once a week, to ensure that they remain familiar with corporate systems – and with the people they deal with at the office base. Other organicities require that managers of home workers have a face-to-face meeting with them at least once per month, to ensure that the lines of communication stay open.

Home workers should not perceive themselves as divorced from the consultation and communication processes within the workplace. Formal and informal consultation processes are important. Guidelines formalizing regular discussion and consultation arrangements should be considered and if necessary, incorporated into the procedures of the organisation. (The communication infrastructure should remain constant, even if the staff changes). Communication lines or union use may need to be provided.

(e) It is also important that the employee is not divorced from other employee structures that are taken for granted when working in offices, for example health surveillance.

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

CERM ® RISK INSIGHTS

Future of Quality: Risk™

#348 – WORKING FROM HOME – BILL POMFRET PH.D.