As the number of "work from home" requests increase in SME workplaces, there is concern for workplace health and safety liability. In a recent AAT case, a Telstra employee has claimed compensation after being injured whilst working from home.

According to Legal experts, the Telstra ruling could force SME’s to conduct workplace health and safety audits in the homes of 1 in 4 Queenslanders who work from their private residence for lifestyle reasons.

Telstra worker Dale Hargreaves, 42, slipped down the stairs twice in two months while working on a marketing campaign from her Brisbane townhouse. Telstra denied liability as the incidents occurred outside Ms Hargreaves designated workstations. But the tribunal found that the injuries she suffered were work related and therefore Telstra will have to pay compensation for the lost income.

This will significantly discourage employers from providing flexible work options as an employer has no capacity to determine and influence workplace health and safety arrangements of a person’s home office.

Kristin Ramsey, Harmers Workplace Lawyers Senior Associate, said “the Telstra case highlights the need for businesses to develop plans and regulations around how employees can work from home. SMEs must conduct practical risk assessments, she urges, although notes these don't have to be overly cumbersome or time consuming. This doesn't necessarily mean the business has to go and look over the home physically. But someone needs to conduct a risk assessment there."

It could be as simple as providing a checklist that each employee has to complete and then both employee and employer sign off on it. The checklist then remains in the employee’s permanent file.

Adequate lighting, heating and ventilation, trip hazards and ergonomic office furniture are all aspects of an employee risk assessment that can ensure an employer has maintained a safe work environment.

There is now a legal precedent set for businesses to pay compensation for injuries that occur in the home, and therefore it is essential we adequately protect ourselves.

Ramsey said "even if employees aren't injured, if businesses haven't taken proper steps to ensure health and safety, they could be exposed to breaches which could eventually give rise to penalties."

Unfortunately in many cases, it will always be the boss’ fault and as long as people refuse to take responsibility for their actions, the mountain of legislation will continue to grow; making it harder for SME’s to be flexible with work options.


References:

http://www.news.com.au/business/telstra-forced-to-pay-costs-compensation-after-worker-dale-hargreaves-slips-while-working-at-home/story-e6frfm1i-1226081649913#ixzz1Y4XkSgad

http://www.smartcompany.com.au/legal/20110914-worker-gets-compo-after-falling-down-stairs-at-home-smes-told-to-conduct-risk-assessments-of-employee-homes.html?utm_source=SmartCompany&utm_campaign=c575835751-Wednesday_14_September_2011&utm_medium=email