Working from home – how employers should manage safety

The recent announcement by Amazon that its one and a half million employees must return to the workplace five days a week was juxtaposed with media coverage of the UK Government’s plans to introduce “flexible working by default”  - including working from home as part of its package of workers’ rights.

With data from The Office for National Statistics (ONS) showing 16% of the UK’s workforce are working remotely on a full-time basis and 28% are following a hybrid model, we consider the main areas an employer must take in to account in order to manage a remote workforce safely.

The starting point is that an employer has the same health and safety responsibilities, whether an employee is working at home or in the workplace. Working from home however has the potential to increase the risk to employees both in respect of stress and Musculo Skeletal Disorders (MSD). We examine both in greater detail.

Stress 

The Health and Safety Executive (HSE) recognises that people who are deprived of social contact through work can feel isolated or disconnected which may, in turn, bring on stress or aggravate pre-existing mental health problems. Furthermore, it is more difficult for employers/managers to recognise symptoms if there is no day-to-day contact.

Employers should assess the risk of stress in the same way as they would assess other work-related health and safety risks. Management of hybrid or full-time remote workers should include talking openly to employees about the possibility of them becoming stressed or mentally unwell and involving them when completing the Stress Risk Assessment. Employees should also be kept updated on what is happening in the workplace so they feel involved and reassured. There should also be regular “keep in touch” meetings/calls and employees should be made aware of any occupational support which may be available to them – for example counselling or medical support.

Display Screen Equipment (DSE)

The DSE Regulations have been in force for over 30 years with the overwhelming majority of employers now fully aware of their duty to risk assess workplace-based equipment and work activity in order to manage the risk of musculo-skeletal disorders amongst their workforce.

As the pandemic directive to “work from home” was announced in March 2020, many workforces were required to rapidly upgrade technological connectivity to allow remote working. However, many employers failed to appreciate that the duty to risk assess workstations applied to home as well as the office.

The HSE Guidance confirms that any workstation assessment can comprise a self-assessment undertaken by the employee, though it may be prudent for the employer to retain a digital photograph or record of the home workstation. Employees should also be able to maintain a comfortable and sustainable posture and to take “regular” breaks or changes of activity – though the frequency and timing is not specified within the HSE Guidance.

Forearms should be approximately horizontal when using the workstation and the user’s eyes at the same height of the top of the screen. Further, the  work station should be organised to avoid awkward or repeated stretching movements.

Commentary

There are many positive benefits of a flexible workforce, even if the academic literature presents a mixed picture on whether this increases employee productivity. Whilst some employers have recently sought to mandate full-time office based working, the government’s plans to enshrine a right to flexibility is likely to mean that remote and hybrid working will remain for some time to come.

Employers would be wise to consider the heightened risks remote working can present for both musculo-skeletal disorders and for stress.