Back To Homeworking? Employers’ Health & Safety Requirements

From the 1 August 2020, employers were given more discretion in terms of making the decision with regards to how best and safely their staff can continue to work in light of the ongoing pandemic, which included bringing employees back to the workplace provided that it was deemed to be COVID Secure.

Whilst many people have embraced working from home and the flexibility that this provides in terms of a more welcome work / life balance, many employees have struggled with the work / life separation in that homeworking environment. The impact upon employees’ mental health as a result of feeling isolated at home and missing the social benefits of being in the workplace, cannot and should not be underestimated.

On 22 September 2020 however, the government announced their latest U-turn in the extraordinary story of this pandemic, stating that office workers who can work effectively from home should do so over the winter”.

So, as things currently stand, it appears that the brakes are being placed on a return to the workplace, and we are back to employees working from home for the foreseeable future, if they can effectively do their jobs remotely.

So as an employer, what are my health and safety responsibilities to my employees who are now back to working from home?

Employers have the same health and safety responsibilities and duties to their employees who are working from home as they do for any other employees working in the workplace.

Where you have employees working from home you will need to consider the following which will then tailor your approach with regards to what steps you will need to take for those employees:-

  • How you will keep in contact with your employees?
  • What work activities they will be doing (and for how long)?
  • Can it be done safely?
  • Whether you need to put in place control measures to protect those employees.

1. Duty to undertake a workstation risk assessment

Where an employee is permanently / long term working from home employers should undertake a workstation risk assessment as you would for any employee working from the workplace (and in “normal” circumstances it was the case that a visit to that employee’s home to undertake that risk assessment may have been required).

Where an employee is temporarily working from home, a formal risk assessment of that employee’s workstation is not required.

As things stand however, we are in a period of flux.

Working from home remotely may still only be temporary, but it does appear that for many workplaces, homeworking will be the normal for the foreseeable future where the nature and role of an employee’s job allows it.

In light of this position, the advice should be that employers liaise with their employees to assist them to undertake an appropriate workstation risk assessment.

To enable employees to take this step, employers should provide guidance to all employees with regards to how to carry out a workstation assessment to enable them to monitor their workstation and prevent any impact either physically or mentally as a result of their workstation set up.

When undertaking a workstation assessment, this assessment should take into account amongst other things:

  • the risk associated with using display screen equipment;
  • the seating layout of the furniture and equipment;
  • making sure that the electrical equipment has been tested and certified;
  • the placement of cables and extension leads;
  • the room conditions including sufficient lighting, ventilation and appropriate room temperature. 

The health and safety executive has provided specific guidance with regard to setting up a workstation and further information can be found here: https://www.hse.gov.uk/pubns/ck1.pdf.

In essence however, simple steps such as breaking up long spells of work in front of a monitor with rest breaks (at least 5 minutes in every hour) or changes in activity; avoiding awkward or static postures by changing position; getting up and moving about; and avoiding eye fatigue by changing focus and blinking is recommended. 

2. Mental Health and communication

It is of paramount importance that you keep in touch with employees who are working from home. Employees in this situation have a higher risk of feeling isolated, abandoned and disconnected because of their working arrangements which can be detrimental to their mental health.

It is therefore important that your homeworking risk assessment also factors into account the impact of homeworking upon an employee’s mental health.

Employers should put in place a system of communication for those employees that are working from home, and ensure that they are aware of an appropriate point of contact should they have any difficulties.

3. Provision of equipment

Where possible, employers should try to meet any home working equipment needs such as providing computers, laptops, keyboards, ergonomic chairs or supporting cushions, and certainly should you be made aware that your employee has reported any physical or mental symptoms related to their home working, employers should assess whether any further support can be provided.

It remains to be seen what the next few months hold for employers and employees and a return to the workplace. What is important however is that employers take appropriate steps now to enable their employees to work from home safely as detailed above where possible if the nature / role of that employee allows it, or to ensure that the workplace is COVID-secure for those that cannot work from home to enable businesses to still operate.

Should you have any queries about employees working from home either on a temporary or permanent basis, or need any assistance in terms of preparing your homeworking risk assessments / have any other health and safety queries, please do get in contact with the team at Prettys.

Expert
Louise Plant
Senior Associate