Canadian HR Reporter

C O L U M N S 46 www.hrreporter.com T O U G H E S T H R Q U E S T I O N Have a particularly difficult or interesting question? Why not share it with us? Email: sarah.dobson@keymedia.com Have a question? HOW DO WE HANDLE HEALTH AND SAFETY AT HOME? Q What are an employer's health and safety obligations for employees working from home? A Working remotely has more than doubled since the start of the COVID-19 crisis. Nearly half (47.9 per cent) of businesses reported that 10 per cent or more of their workforce was working remotely on March 31, according to a Statistics Canada survey, more than twice the level reported as of Feb. 1. Employers' health and safety obligations to remote workers varies from jurisdiction to jurisdiction. In some Canadian jurisdictions, work performed in "private residences" is explicitly not covered by health and safety legislation. For the most part, however, "workplace" is broadly defined and often encompasses a worker's residence if they are working from home. Most workplace safety requirements that relate to the current crisis are derived from guidelines and recommendations from public health bodies in various Canadian provinces. These do not have legal force, but they nonetheless form "reasonable precautions" that may be given legal force under the general duty clauses of occupational health and safety laws. Therefore, employers should be aware of and adhere to the guidelines and recommendations as part of their obligations to worker health and safety. In the absence of clear legal obligations, employers should review their existing health and safety policies and procedures and determine if and how they can be modified and made applicable for remote working. Once modified, employers should clearly communicate the changes to all remote workers. To maximize worker safety and minimize employer liability, employers should take and implement all reasonable precautions for remote work. Written agreements for health and safety A home office should meet the same health and safety standards as the workplace office. Employers may choose to develop a written agreement for remote workers, setting out responsibility for health and safety issues and workers' compensation if a remote worker is injured when working from home. The agreement should contemplate the following issues: • Will the employer have access to the house for safety inspections or make alternative arrangements such as the worker using checklists or submitting photos of the work area? • What parts of the house will be considered the "workplace"? Is the bathroom or kitchen included? • How will incidents be investigated? Work-from-home policies Employers should ensure that they have basic health and safety policies for working from home and that each party understands their role, duties and responsibilities. At a minimum, this policy should require workers to conduct an assessment of their workplace and report any hazards. An example of some other factors to consider in this policy include: • communication between the employer and workers • the availability of tools and technology to enable workers to work remotely • protocols to protect workers' health and safety • protocols for evacuating from the home or temporary workplace to a safe location if needed and how to contact the employer in case of emergency • a discussion of safe workplace practices and how to report any work-related incidents or injuries • a discussion of ergonomic considerations • contact with customers, if applicable (for instance, practices that limit direct contact). Employers should establish a contact schedule and have a worker's contact information, including the exact address where they will be working and an alternate phone number. Likewise, workers should have their employer's contact information and know how and when to reach out to their supervisor or management. Employers should also remind workers that many health and safety roles, rights and responsibilities still apply to remote work situations. These include immediately reporting workplace injuries, workers' duty to follow safe work procedures and routine check-in procedures if the worker is working alone or in isolation. Setting these out clearly in a revised work-from- home policy is important to fulfilling employers' obligations to their workers. CHRR This article was written with the assistance of Makaela Peters, a summer student at Singleton Reynolds. The increase in employees working from home during the pandemic doesn't lift employers' health and safety obligations. Melanie Samuels of Singleton Reynolds explains how employers can address their legal obligations and ensure employees working from home are staying safe. Melanie Samuels partner and co-chair of the Employment and Labour Group, Singleton Reynolds in Vancouver

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