When faced with a request to work from home, Kate Jenkins from Freehills says business should start the process by thinking about the employee’s role, the barriers to it being performed effectively from home, and how those barriers could be overcome.
AAR partner Simon Dewberry says in some circumstances, “it’s possible that because of the nature of the work that the person is doing, the risk to health and safety is so high that you could justify rejecting the request on that basis.”
“But my expectation is that most employers will take that into account and deal with it in the way they deal with any risk-management issue,” he says.
Kate Jenkins and Freehills partner Harold Downes and Freehills solicitor Kathryn Bion have more advice for companies facing work from home requests:
Experts contacted by SmartCompany have mixed views on whether an employer needs to send in an OH&S person to inspect the home and see whether a workspace is set up before approving a work from home request, or whether a check-list signed by the employee is sufficient.
Rae Phillips says although Inspire Success generally sets up the home office of its employees, who all work from home, it gives employees a checklist for self-audit rather than send someone in to tick the boxes.
This checklist – which confirms there is an appropriate desk, chair and lamp, for example, and that electrical cords have been tagged and tested – must be completed and handed back.
“They’re making a commitment they have a safe work environment,” she says, adding that home lighting is another issue that ought to be covered off.
“For a larger business with a lot of people, maybe in that situation it’s practical to have inspectors. But for a small business, it’s not as practical.”
Phillips adds that although Inspire Success hasn’t conducted an inspection of a home office, she knows others companies do – perhaps every six months, or annually – as part of a broader discussion on employer performance.
But Jessica Fletcher, senior associate Hall & Wilcox, says it’s more prudent for a company to do its own assessment, and this should include the workplace layout, laptops, lighting, thermal, ergonomics, ventilation and electrical safety.
Another issue to consider is whether an employee feeling under the weather and therefore unable to head into the office should be permitted to finish off a few things at home before going to the doctor or bed.
There are obvious attractions of this practice. The employee avoids going into the office, and gets key jobs out of the way so they don’t have to play catch up when they return. The employer isn’t caught with one less worker, and doesn’t have somebody spreading germs around the office.
But Jenkins says companies should think twice about permitting an ill employee to do a little bit of work from home on their day off without considering the OH&S ramifications.
“From an OH&S point of view, and from a workers’ compensation point of view, there is a risk,” Jenkins says, despite the pragmatic view that 30 minutes’ work now can save hassle down the track.
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