Employers within Great Britain have both statutory and common law duties in relation to health and safety within workplaces which extend beyond employees, to workers, self-employed contractors and visitors. Individuals should, however, also take steps to protect their own health and safety as well as that of others within their place of work.
Most employers are familiar with their general duties with regards to health and safety in the workplace however, there are a number of circumstances where additional and/or equivalent duties will arise which may be less familiar. A key starting point for employers is ensuring that they have an up to date and detailed health and safety policy within their Staff Handbook or suite of staff policies which clearly outlines the Company’s position with regards to health and safety within the workplace.
Many roles now permit individuals to work from home permanently, or on a hybrid basis. It is therefore more important than ever that employers understand their obligations with regards to health and safety for employees undertaking duties in their home environment. Crucially, the Health and Safety Executive confirm that as an employer, health and safety responsibilities remain the same for those working from home as for any other employee and so, employers will need to ensure that this is managed effectively.
Risk assessments
Employers should have a risk assessment which outlines the potential risks within the workplace (and, in the case of homeworkers, the home environment) and considers reasonable steps to avoid these. Depending upon the circumstances, it may be appropriate to visit the employee in order to ensure any specific requirements, for example, where the employee has a disability which may require reasonable adjustments, are considered and implemented if applicable/viable. Right to enter clauses can be included in employee’s contracts of employment and provides the employer with the right to enter an employee’s home on reasonable notice for outlined reasons which may include, for example, in order to maintain or install equipment belonging to the employer which is necessary for the performance of duties but also to conduct health and safety assessments in order to ensure that health and safety is being adequately addressed in the employee’s home whilst they are conducting duties from this location.
Managing stress and mental health
Managing stress within the workplace is something which employers should be familiar with, and be taking a pro-active approach to. Stress may be easier to identify in employees working within a face-to-face environment however, employers should remain pro-active with supporting employees working from home in relation to stress and their mental health.
Consideration should be given to methods of communication when an employee is to work from home, including the way in which they will be kept updated regarding work matters. Regularly communicating with employees working from home is critical in ensuring that they feel included and updated regarding the workplace, their role and the organisation which may in turn, increase the chance that the employee will reach out if they require additional support. In addition, regular communication also provides the employee with the regular opportunity to engage in such discussions, should they wish to, and provides the employer with the opportunity to check-in and identify any additional support required and/or identify concerns relating to stress and/or mental health.
In addition to checking in on employees working from home regularly, it is also useful to maintain an oversight of all employee’s workloads and training needs to ensure that they are able to maintain a work/life balance. Ensuring that employees are not struggling with large workloads and feel empowered to conduct their roles confidently will also assist with reducing the risks of stress within the workforce.
Additional steps
Where employees are working from home, either on a hybrid or permanent basis, employers should ensure that their contracts of employment reflect this. As outlined above, it is advisable to include a right to enter clause within contracts however, provision for compliance with employer’s health and safety policy and ensuring that employees take adequate breaks during working hours are also recommended.
Employers should also be aware of whether the Display Screen Equipment (‘DSE’) regulations apply to their employees (both those working in the office and from home) and, where applicable, ensure that a DSE assessment is conducted. Depending upon the circumstances, employees may be able to conduct a self-assessment with adequate training. Where a DSE identifies risks associated with the working environment of an employee, these should be addressed as far as is reasonably practicable. As with reasonable adjustments in a workplace, what is reasonably practicable will depend upon the full circumstances at the time.
Conclusions
Employers’ duties with regards to health and safety do not fall away, simply because an employee works from home. Employers should be proactively seeking to ensure the health and safety of all employees, including those working from home which may of course require additional and/or alternative factors to be considered. Effective staff policies and employment contract provisions can help to ensure that parties remain informed about health and safety both in the workplace and at home, and that the employer’s expectations regarding the same are clearly communicated to employees.
Updated September 2024
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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