I recently read an interesting article in the Financial Review on the hidden costs of working from home. The article by Fiona Carruthers detailed the problems which Telstra faced just recently when it was found liable for physical and psychological injuries sustained by one of its employees who were working from home. Telstra may now face paying hundreds of thousands of dollars in compensation.
This article got me thinking about some of the ways in which businesses could minimize the risk of their employees and subcontractors being injured while working from home. With the introduction of the new Australia wide Workplace Health and Safety Act 2012, which will come into effect on 1 January 2012, issues of safety when working from home will be paramount.
Many business owners want to give their employees the opportunity to work from home. Particularly, with the new trend of having a work-life balance, I have found that there is an increased pressure on business owners to be more flexible in the working conditions they set for their employees. However, it’s equally important for employers to understand that this can come at a very high price, if the right foundations are not set from the very start.
What should business owners do to promote working safely at home?
One of the best ways for business owners to protect themselves from liability is to ensure that each individual who is engaged to work from home, signs a Workplace Health and Safety Agreement. This Agreement may form part of the individual’s employment agreement or may be an entirely separate agreement. Either way, it is essential that both the employer and employee are aware of their obligations under what are a very comprehensive set of regulations.
The benefit of having a Workplace Health and Safety Agreement drawn up is that both parties understand their obligations under the law. Procedures may be put in place under the Agreement to ensure that both parties are complying with the relevant procedures and taking appropriate measures to identify and minimize the risk of potential injury. The Agreement can also require that both parties inform each other immediately in the event of a possible breach so that it may be rectified in the most efficient way possible.
Importance of working safely from home
Business owners should note that the clauses necessary in a Workplace Health and Safety Agreement differ based on the nature of the relationship between the parties entering into the agreement. For example, if the Agreement is between a principal and contractor, the burden of liability will be far more heavily placed on the contractor than the principal. This is distinct from an Agreement between an employer and employee as the relationship between those two parties at law is very different compared to that of a principal and contractor.
If you have any concerns regarding how the new Workplace Health and Safety laws may affect you or your workplace, please feel free to contact me. It is important that business owners ensure their employees are working safely from home.
The information provided in this article is for general information and educative purposes in summary form on legal topics which is current at the time it is published. The content does not constitute legal advice or recommendations and should not be relied upon as such. Whilst every care has been taken in the preparation of this article, FC Lawyers cannot accept responsibility for any errors, including those caused by negligence, in the material. We make no representations, statements or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided on this website. FC Lawyers does not guarantee, and accepts no legal responsibility whatsoever arising from or in connection to the accuracy, reliability, currency, correctness or completeness of any material contained in this article. Links to third party websites or articles does not constitute any endorsement or approval of those sites or the owners of those sites. Nothing in this article should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third-party content. FC Lawyers disclaims all responsibility and all liability (including liability for negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way. Appropriate legal advice should always be obtained in actual situations.
Prefer to get in touch?
With offices in Brisbane, Sunshine Coast, North Queensland and Sydney, our team is well equipped to provide both advice and support across a broad range of legal areas.
