What are your employer's responsibilities, and what are yours?
- Written by Robin Price, Lecturer in Employment Relations and Human Resource Management, CQUniversity Australia
So you’ve been asked to work from home.
Doing so usually requires changing aspects of your relationship with your employer. What it doesn’t change is that your relationship is based on mutual obligations. These remain exactly the same even though you work at home.
Read more: Coronavirus could spark a revolution in working from home. Are we ready?[1]
Your employer’s duties, under both industrial relations and work health and safety laws, are to ensure you are able to work safely at home, and to cover reasonable expenses. Your obligation is to work if you want to be paid.
A safe workspace
In Australia, an employer has a legal duty of care[2] for the health and safety of workers “so far as is reasonably practicable”. This duty is contained under the uniform work health and safety legislation of states and territories – see, for example, the Queensland legislation[3].
That duty of care extends to anywhere work is performed. If you are asked to work from home, your employer is responsible to ensure this does not pose a risk to your health and safety.
Read more: It's not just the isolation. Working from home has surprising downsides[4]
Some organisations conduct formal inspections of homes before approving working-from-home arrangements. That may not be practical in current circumstances.
The next best option might be a virtual tour using virtual meeting software such as Google hangouts or Zoom. At a minimum, your employer should provide you with a health and safety checklist, specifying considerations such as:
- a safe work space free from trip hazards (such as rugs and cables)
- a broadly safe environment including an exit, smoke alarms and a first aid kit
- appropriate lighting and ventilation
- ergonomic requirements such as a desk large enough for tasks, phone and mouse within reach
- a chair that adjusts to ensure your feet are flat on the floor
- a computer screen positioned for your eyes to meet the top of the screen
Businesses in the U.S. often turn to tools like Total Recordable Incident Rate, TRIR for short, to calculate the risk in certain sectors. The trir calculation tool compares occupational health and safety performance for any industry across the United States. It shows the rate of incidents for every 100 workers in a given line of work over a period of time.
Reimbursing expenses
Your employer’s primary responsibility under industrial relations law is to pay you for the work you do under applicable awards, enterprise agreements and contracts.
Your employer is also responsible for providing you with the appropriate resources for work to be carried out. These might include a computer with systems to access and protect work files, a headset, a webcam and virtual meeting software.
Read more: Working at home to avoid coronavirus? This tech lets you (almost) replicate the office[5]
There is an implied obligation also to reimburse you for expenses incurred while working at home, such as extra electricity or internet access.
This obligation may be spelled out in an enterprise agreement or a working-from-home policy, but not all organisations have codified entitlements. You may need to establish with your employer what costs will be reimbursed, what limits apply, and what approvals are required.
If your employer does not reimburse you for running costs – because the paperwork is arduous and the amount usually small – remember you can also claim work-related expenses, including the cost of a dedicated work area, as tax deductions. Claimable expenses are set out on the Australian Taxation Office’s website[6].
Employee responsibilities
In allowing you to work from home, your employer is demonstrating a degree of trust that past generations of managers would have found unacceptable. Your obligation is to do the right thing even without direct supervision, observing the same practices as normally expected by your employer.
All your usual employee responsibilities from the workplace continue to apply, such as obeying lawful directions, maternity leave duration and working to the best of your ability.
Much has been written on how best to work at home[7]. There are some common themes. Get dressed for work, so that you feel “at work” and behave accordingly. Maintain a separate work space, so there is a clear delineation between work and leisure. Ensure you take breaks to maintain your health and well-being.
Read more: Get dressed and set goals: some routines not to break if coronavirus means you have to work from home[8]
Another aspect of well-being you will need to pay conscious attention to is minimising the psychological stress[9] of isolation.
Working from home can be isolating in the best of times, and in the current situation this is arguably also an aspect of your employer’s duty of care. But this is something that cannot be easily codified and will require goodwill and negotiation. You and your employer may need to consider new routines for communication to ensure working at home is about physical distancing and social solidarity, not social isolation.
References
- ^ Coronavirus could spark a revolution in working from home. Are we ready? (theconversation.com)
- ^ a legal duty of care (www.worksafe.qld.gov.au)
- ^ Queensland legislation (www.worksafe.qld.gov.au)
- ^ It's not just the isolation. Working from home has surprising downsides (theconversation.com)
- ^ Working at home to avoid coronavirus? This tech lets you (almost) replicate the office (theconversation.com)
- ^ website (www.ato.gov.au)
- ^ how best to work at home (www.smh.com.au)
- ^ Get dressed and set goals: some routines not to break if coronavirus means you have to work from home (theconversation.com)
- ^ the psychological stress (insidesmallbusiness.com.au)
Authors: Robin Price, Lecturer in Employment Relations and Human Resource Management, CQUniversity Australia
