Does your business have flexible work arrangements or employees who work remotely? Beyond considerations of productivity and better work/life balance, here are some legal risks and obligations that you must contemplate for employees working from home:
1. Remote workstations
As an employer, take precautions to ensure your employees have a proper working environment free from hazards and risks (as far as reasonably practicable) to prevent injury and ill-health.
What this means: Monitor employees’ workplace set-up, including if they have appropriate ergonomic equipment, adequate heating/cooling, and if there are any hazards present that should be assessed and controlled. It’s your responsibility to ensure employees are well-informed and educated about safe working practices, so add that to any onboarding training! This process should be ongoing and in consultation with the Health and Safety Representative.
2. Employees on the move
Does your work involve meeting clients at different sites? Or travelling for site inspections, or conducting deliveries? You assume a legal responsibility for their safety in transit – whether in a personal vehicle or company car for work purposes!
What this means: Cover these scenarios and standards in your health and safety policies to ensure your employees are safe and you avoid liability. Ensure your employees are physically fit to drive, licensed, and that safe driving practices are adhered to. Ensure the vehicle they drive is properly maintained, safe, and fit for purpose, complying with road safety laws. Keep a company driving policy to help mitigate any risks to your business and your employees while on the road. This may include the standards employees are to uphold, the use of devices while driving, alcohol use, medication and fitness to drive, and what happens if there is a road incident. Retain copies of insurance policies, registration, and frequent safety check reports for all vehicles your team might use.
3. Employee mental health
Living and working in the same space can impact mental health – a risk of working longer hours, feelings of detachment, disconnect and isolation which could evolve into stress and other mental health issues.
What this means: Bring awareness to these risks and how to self-monitor them. Implement regular communication practices, check-ins, team bonding, socialisation, and access to mental health resources to reduce these risks.
4. Training, supervision and mentoring
The saying “out of sight, out of mind” rings true here. You can’t address gaps in employees’ knowledge or training if you don’t see them! There just isn’t the same incidental mentoring and development that employees would ordinarily get by being in the same workplace.
What this means: Be proactive about regular supervision and mentoring check-ins, or having a hybrid workspace that allows employees to spend time physically working together once a week.
5. Employees’ exposure to family and domestic violence
This includes emotional, physical and financial abuse. When the home doubles as a workplace, there may be an increased risk that your employees are in an unsafe working environment due to family and domestic violence.
What this means: Where reasonably practicable, employ control measures to identify and mitigate the risk of employees’ exposure to domestic violence. This includes policies to support employees (e.g. family and DV leave), offering alternative workplace locations, providing work phones and laptops to enhance employees’ autonomy and safety, as well as providing information on where to get DV-specific expert support. Fair Work has a helpful guide for small businesses that all employers should read.
In addition to employers’ responsibilities, employees also have a legal responsibility to follow employers’ guidelines to keep the workplace safe, provide accurate and ongoing feedback, and report any identified hazards, in accordance with each state’s OHS legislation.
*The content of this article is intended to only provide a summary and general overview on the matters discussed herein and does not constitute legal (or other) advice. You should seek specific legal or other professional advice before acting or relying on any content.
