Remote Work & the Employer’s Risks

As remote work remains popular, so do the complexities of managing workplace safety and compliance from afar. A recent case from South Australia highlighted the risks employers take when employees work remotely. This case involved an employee who was injured while working from home and ultimately resulted in the employer being found liable for compensation. It sheds new light on how remote work arrangements may expose businesses to unforeseen liabilities.

Why Remote Work Poses Liability Risks

When it comes to work-from-home policies, employers must not only trust their employees but also ensure that safety and compliance standards are met, no matter where their staff work. In this case, a South Australian council worker injured themselves during a paid break at home, and the tribunal ruled that the employer was responsible for compensation.

Employers everywhere are scratching their heads, given:

• The Employee tripped over a makeshift temporary fence, of their own construction, inside their own home;
• The Employee failed to notify the Employer there would be a temporary fence blocking the access to her remote working workspace;
• The Employee’s temporary fence was to control a dog, which was not owned by the Employee, creating an additional changed condition the Employer was not in control of; and
• Almost every reasonable person agrees, the ruling of Employer responsibility is absurd, still, Employers everywhere now have case law to be used against them in any future proceedings regarding injuries while working at home.

With this ruling now setting a precedent, other employees working from home can use similar arguments to make claims if they’re injured while taking a break. This reality makes it essential for employers to clearly define the scope of remote work, including the terms and limits of responsibilities.

How Can Employers Mitigate These Risks?

While no policy can completely eliminate the risks, setting clear guidelines for remote work can help. Here are three key steps every business should consider:

1. Establish Clear Work-from-Home Policies: Define the working hours, break times, and responsibility boundaries. Specify that employees should inform their manager if they need to step away from their workspace.
2. Assess Remote Workspaces: Many companies already require employees to confirm their home workspace meets certain safety standards. Encourage a formalised, documented process to ensure employees follow best practices for a safe workspace.
3. Regular Communication and Compliance Checks: Keeping open lines of communication can provide essential updates on workplace compliance, particularly as laws continue to adapt to these working trends.

Balancing Flexibility with Accountability

Remote work can offer great flexibility and work-life balance. However, employers must weigh the benefits against the legal responsibilities they inherently take on. To ensure everyone’s safety, review and update work-from-home policies as needed, and consider legal guidance to cover any regulatory gaps.

If your business would like advice on crafting effective remote work policies, reach out to us at HR Cartel. We’re here to help you navigate the evolving landscape of employment and compliance, ensuring that your business remains secure, flexible, and supportive for all employees.