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Louis Loizou
Member - 8 posts
I'm often asked whether flexible/remote workers have the same H&S rights as Homeworkers. I'm reluctant to say yes, does anyone know if they fall under the DSE regs or any other legislation?
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Gillian Nightingale
Member - 175 posts
Louis
As an employer you have the same health and safety liability in law to ensure the safety of all your employees while working, whether they are working at home, working remotely (e.g. visiting client’s premises), or flexible workers who may for example work partly on your premises and sometimes elsewhere. So the DSE Regulations, along with all other health and safety-related legislation, will apply, although the risk assessments you need to do will obviously need to take into account the different situations in which your staff are working.
Later this week, Workplace Law will be publishing a new Special Report that covers the issues you need to consider if your employees are working as ‘lone workers’, i.e. working by themselves.
Further information about homeworking can also be found at
http://www.workplacelaw.net/news/display/id/10872
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Louis Loizou
Member - 8 posts
If colleagues want to work from home occasionally should we be carrying out assessments on them? or should we classify them as homeworkers?
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Kevin Brown
Member - 94 posts
Louis,
The advice given by Gillian appears to be quite comprehensive. There is nothing that excludes homeworkers from the same H & S considerations as those located in the workplace, working from a formal workstation on a full size PC and display screen. Regulation 1(2) (d) defines the employees who are covered as users, and Regs 2 to 7 apply regardless of whether they work at a formal workstation on the employer's premises, on a workstation at home, or at another employer's workstation.
If, for example, your employee is using a laptop incorrectly (as so many seem to do) and develops a work related ULD then you, could very well be held responsible for the injury as the employer. It makes sense for all affected employees to undertake risk assessment, my workstation at home is set up on the same ergonomic principles as my workstation in the office (and my employer is well aware of it). Please say "Yes", you're likely to be liable anyway.
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Louis Loizou
Member - 8 posts
I'm fully aware of the rights of a homeworker, and if they are contracted to work from home one day or two days a week we are entitled to ensure they have the right workstation set-up etc as those who work from an office. My concern is we have staff that work from home occasionally and this will probably increase, I have no idea who and when this happens, should I ensure those who occasionally work from home carry out a risk assessment and if they are not happy with their workstation chair ensure we purchase them a new one etc?
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James Fairchild
Member - 257 posts
Louis,
Good point, and one that many will sympathise with. I'm sure any employee with a laptop could remote from home (or elsewhere) occasionally.
Can you perhaps _offer_ such an assessment to employees (maybe invite them to request one) who work from home, together with making extra equipment available (docking stations, full size screens, etc) upon request.
Of course, taking this to extremes would mean that every branch of starbucks has to be risk-assessed, which is clearly ludicrous.
Gillian - has the guide been published yet?
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Kate Gardner - Workplace Law Network
Online advisor - 20 posts
James
The loneworking guide has been published and is available to download from the workplacelaw network website via the following link http://www.workplacelaw.net/news/display/id/10872.
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