FAQs on home-based work
As an employer what should I do to manage the health and safety risks of home-based work?
While a private dwelling is not a 'workplace' under the Occupational Health and Safety Act 1991 (OHS Act), an employee conducting authorised work at home is still 'at work', so the employer's general duty of care under section 16 (1) still applies. This requires the employer to take all reasonably practicable steps to protect the health and safety at work of the employer's employees.
It is up to the employer to determine what is 'reasonably practicable' as there is no specific requirement for a physical inspection under the OHS Act or associated regulations.
Comcare's publication Officewise (OHS1) (pp45-46) gives brief guidance on this issue and recommends that a risk management approach in line with that taken for office environments is applied. If a risk assessment is conducted which adequately addresses the ergonomic and other potential hazards/risks, and appropriate control measures are applied, it is likely that the employer would be considered to have taken the reasonably practicable steps necessary to control the risks. Note that the question of what is reasonably practical will involve consideration of such matters as the:
- terms and conditions of employment
- frequency and duration of home based work
- suitability of the range and duration of activities for home based work
- suitability of the design of the home office, including workplace layout, provision of furniture, equipment and separation from other areas of the home.
It may also be reasonably practicable for the employer to impose conditions related to occupational health and safety into any agreement regarding home based work and to conduct inspections to ensure minimum standards of health and safety are met.