We live in a whole new world. As many employees have gone to a home office and are subject to home maintenance orders, legal questions arise about who is responsible for the health and safety of employees. In many ways, now that most of us are stuck at home working remotely due to the corona pandemic, the concept of employees' personal health and safety has become a priority. Some answers to legal questions may surprise you. Employers may even need to explore a new paradigm shift: there are many new legal ramifications. The legal issues of working from home can be difficult, indeed. As attorney Louis Chodoff of the Ballard Spahr law firm explains to TechRadar, employers may now need employees to send photos of their home office or even send someone to do an inspection. In the United States, the Occupational Safety and Health Administration (OSHA) does not require these inspections, but the employer remains ultimately responsible for its workers. If the employee does not make an effort to create a safe and healthy home office environment, employers may not be held responsible, but this varies by country and company category. "Employers remain responsible for the health and safety of their remote employees," Chodoff says. "It's just more difficult for the employer because obviously the employee's home is not a controlled workplace like the office would be." OSHA always holds employers responsible for safe working conditions, regardless of the workplace. "
Legal problems for a home office
That being said, employees share the burden of ensuring their own health and safety. They must ensure that they work in a safe environment. While an employer may provide health care benefits, it is really up to the employee to arrange their health insurance coverage if they have not already done so through the employer's human resources services. This has always been the case even when employees were in the office, at least when it comes to health insurance. As an employer, you assume certain responsibilities for events that occur at headquarters and may offer discounts on health insurance. From a legal perspective, employees must also pay their own medical bills, find ways to stay healthy (for example, walk daily or exercise), and promote their own personal safety. Employers should be aware that, from a legal perspective, there is some liability for the home office where someone works, although there may be some sticking points. "The employee may not be able to recover workers' compensation if they created the hazard that caused the injury or if the injury was caused by the employee," Chodoff said. Even then, it's still complicated. What is considered a home office? If an employee is using a laptop in the kitchen and uses a knife to open a FedEx box and makes a mistake, it may not be something that is covered by the worker's instructions. The employee was not in the home office. Another problem is related to home insurance. A home office is considered part of the house. No matter what, flooding when a hose bursts or tripping over a toy and breaking a leg would likely be covered by the owner and their insurance, not the business itself. "Employers can try to protect themselves by requiring remote employees to show that their homeowner's insurance covers any damage done to a company-issued laptop, printer, or other equipment," says Chodoff. Then there are the problems with family members. If an employee drops a company-owned laptop, the employer will have to arrange for the repair. It's unclear what happens if a spouse drops the laptop or the employee uses an old outdated power strip (and starts a fire because the employee has been negligent).
How to address concerns
Lawyer and legal expert Charley Moore, founder and CEO of Rocket Lawyer, told TechRadar that employees may be more liable in some cases due to their own negligence. "Employees are generally responsible for maintaining any equipment, such as offices or printers, that is provided and does not belong to the company," he says. What will ultimately help, he says, is an employee contract that spells out all the details: what's covered, what's not, and who is responsible for what in the home. "Employees are covered by relevant national laws regarding workers' compensation for injuries sustained while performing official household duties," it said. "Employers must include in their telecommuting agreements their employees' scheduled work hours, which are generally consistent with employees' scheduled work hours at their primary place of employment." As with any legal issue, clarity with employees is essential. The two legal experts tell TechRadar that it is important to discuss all of these issues with employees and that it must be clear what is expected while employees are "at work," even in a home office. . Also, having a signed contract will help resolve any disputes, clarifying who is responsible for company-owned equipment, what happens if the employee is injured, and how they are responsible. An example of how employers might explain this has to do with the employee's workplace. Just as independent contractors must specify on their taxes where they actually work by square footage, an employee may need to show where they work. This could include a part of the house that is only designated for work, meets all safety standards, and is covered by workers' compensation insurance in the event of a problem. However, all of this should make it clear what is covered and what is not covered outside of this space. An employer may require, for example, that a company-supplied laptop not leave the workplace during the pandemic lockdown phase. If the employee uses it on the couch at night to watch Netflix, it would not be covered because it was not a work scenario. "An employer can require the employee to establish a dedicated work space in their home and require that only this dedicated work space be workable," says Chodoff.