Frequently Asked Questions (Issue 110)

Questions asked by members to the Secretariat to improve communication with readers.

What are my OH&S obligations to employees whilst they work remotely and what happens if they injure themselves at home?

Nevett Ford Lawyers has provided a response for CMPA members.

Your legal duty to provide and maintain a working environment for your employees that is safe and without risks to their health arises under the Occupational Health and Safety Act 2004 (Vic) (or other applicable State and Territory legislation). This duty is qualified to be “so far as is reasonably practicable”.

Whilst a majority of work is now being performed at home, your duty continues and extends to the employee’s home working environment. Accordingly, you must ensure, and continue to monitor, that there are no risks to employees’ health and safety now that they are working from home. You may fulfill this duty by asking employees to complete a checklist with items they must address in being permitted to work from home.

Employers should also turn their minds to breaks and encourage employees to schedule these accordingly. Mental health and well-being must also be considered, if not placed at the forefront. Some employees may be particularly vulnerable, such as those who live alone or those whose nature of work can be confronting. Maintaining clear lines of communication, both in a professional and personal sense, and maintaining the sense of a team environment, are recommended.

Workers compensation laws will apply if the injury arises out of the course of employment. Employees will need to complete any application form required under the legislation and an insurer will decide whether it is accepted or rejected.

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