An employee has asked to work from home. It is possible from a productivity point of view. What happens in relation to Workers’ Compensation?
Having home-based employees is becoming more common due to the changes in flexible hours, technology and productivity. However, having your staff working from home does raise issues that you cannot ignore when it comes to Work Health and Safety and Workers’ Compensation.
“When you allow an employee to work from home, you surrender control of their environment and working habits, so it’s essential to take the time to prepare in order to avoid landing in hot water. Fear of legal action shouldn’t deter you from encouraging flexible work practices, but it does mean that you should take measures to protect yourself should a crisis strike.” http://www.businessroom.com/en/Article/Categories/Managing/Workers-compensation-for-employees-that-work-from-home
If you decide to go down the path of allowing employees to work from home on a regular basis, be proactive in your approach:
- Maintain regular workplace health and safety training and include home-based work safety examples.
- Discuss the protocols for home workplace safety upfront. Make sure your staff members understand their responsibilities.
- As the employer, you have a duty of care to provide a safe workplace wherever your employees are based – and this includes their home. Conduct a workplace audit of their home working environment.
- Employee workplace safety responsibilities still exist at home so they must identify unsafe situations and report hazards, incidents and injuries. Provide them with specific training in conducting worksite risk assessments and place expectations on them to provide your safety personnel with the outcomes of these assessments.
Ultimately, if your home-based employee does suffer an injury in their workplace (their home!), they may well be covered by workers’ compensation. However, there are parameters that need to be met for an injury to be considered under workers’ compensation, ie did work contribute to a significant degree to the injury? Your workers’ compensation process should be initiated to enable a proper and fair assessment of the situation to be undertaken prior to a decision on liability.