FM Clinic: Employer responsibilities for homeworkers’ health and ergonomic wellbeing

ERGONOMIC CONSULTANT’S VIEW
HANA GRAY
CEO OF THE OFFICE MANAGEMENT GROUP AND ERGONOMIC CONSULTANT TO OBO

It’s no surprise that bad working habits have started to increase and that working from bed (WFB) is becoming the norm. In fact, for many these poor habits would have been there from the off, particularly in scenarios where there is no choice due to living arrangements and space other than to work from a bed. It’s crucial now more than ever for employers to ensure they are protecting their employees no matter where they work from, including home, in the use of equipment and promoting positive wellbeing to remove the risk of stress and mental health issues as well as reduce the risk of musculoskeletal disorders.

Employers have a duty in the UK under the HSE (Health and Safety Executive) to protect their workers from the health risks where working with “display screen equipment” (DSE) is concerned, this equipment includes PCs, laptops, tablets and mobile phones.

Now that we’re more or less all working from home, and it seems set to continue for a duration of our working weeks, it is key employers take responsibility and act to ensure staff are protected against the risks. Too often, we see people sat on their beds, at their dining table complaining of neck ache, back ache, headaches and more. Employers have very easy tools to use, including training and checklists available from the HSE. Other solutions could be to:

• Hold a virtual training session with a qualified assessor
• Share and encourage the completion of self-assessment forms
• Utilise software to do the above for you and get reports back
• Set time in everyone’s diaries as a mandatory break or to get up and move for 10 minutes twice a day (we’re seeing this in more and more companies now)
• Mandate line manager check-ins, for a casual, virtual coffee meeting with no business on the agenda
• Have a budget ready to support suitable equipment such as a chair, footrest, keyboard and mouse

Being ergonomically sound isn’t too challenging, and the benefits will far out way the negative impact we’ll soon see and are already seeing by employees and children hunched over laptops, iPads and desk set ups from home. If you’re in a business that hasn’t yet addressed this, now really is the time to do so.

LEGAL EXPERT’S VIEW
KAREN HOLDEN
CEO OF A CITY LAW FIRM

The health and safety requirements laid out by law, including the Health and Safety at Work Act 1974, the Display Screen Equipment Regulations, and the Provision and Use of Work Equipment Regulations, all continue to apply when working from home. It is important to note that these duties cannot be delegated to employees. These outline how an employee should be set up to work safely.

An employer must carry out a risk assessment based on the employee’s activities. This can be done by the employee, but the employer will bear the ultimate responsibility. This must be a comprehensive risk assessment and, if there are children present, must include them. If an employee does suffer an injury, and no risk assessment has been carried out, there could be a personal injury claim against their employer, as the employer may have breached its duty of care.

Some practical tips that help employers to mitigate risks, include:

• Ensuring up-to-date policies are in place and circulated to all. This should include informing homeworking staff that they have health and safety obligations even though they are at home, such as taking reasonable care of their own health and safety and that of anyone else who might be affected by their actions.
• Staff should also be informed not to give out personal details, including their address to clients.
• Employers should ensure homeworkers have first aid provisions and provide these if not.
• Employers should provide detailed channels of communication. This should be used to encourage employers and employees to speak freely to understand each other’s needs. This will likely improve productivity and benefit all.
• Mental health issues shouldn’t be overlooked. It is important for line managers to have regular talks with their staff to make sure they are ok and provide support and assistance where they can.
• Employers should create and circulate informative documents such as how to set up a home workspace or how to sit correctly. This could form part of the above policies but could also be used to show that the employer cares and is trying to offer support, or both.

Whilst there are no specific legal requirements relating to the provision of equipment to a home working employee, it is however, strongly recommended to provide relevant equipment to staff. Both employers and employees will need to review their insurance policies to ensure that any work equipment is covered. Using your own device policies may be needed and clarification around data protection, cyber security and confidentiality are essential.

In addition, disabled employees may be legally entitled to auxiliary aids under the Equality Act 2020. Under this act, it is the employer’s responsibility to source and pay for such aids.

Ultimately, we recommend robust policies setting out the employers’ requirements and guidance; carrying out a risk assessment to ensure everything is set up and monitored regularly and for the employee training. An open dialogue with the employer and accessible advice means both parties are committed and invested in making working at home productive and safe.

ERGONOMIST’S VIEW
SUKHI ASSEE
SENIOR ERGONOMIST AT FLOKK UK

Historically the guidance for homeworking was aimed at contracted homeworkers. However, in the current climate of COVID-19, this direction now covers the same duty of care to be bestowed upon ‘short-term’ homeworkers who are now having to work remotely due to government guidelines.

The DSE guidelines for the provision of home safety have allowed leadership to take control and demonstrate their own initiative. DSE is the minimum requirement that should be carried out to protect the maximum amount of people. When Ergonomist practitioners carry out an assessment, a proactive and realistic approach is taken, as everyone will have a different home setup and scenario, which will vary from person to person and home to home.

The damaging effects on musculoskeletal health from ‘working-from-bed’ may not show immediate signs, however, the accumulation of working incorrectly in unhealthy postures can take its toll months/years down the line and potentially when we return to the office.

When companies are deciding what to do, there should be a level of moral support and care when practices are being reviewed and actioned. By this, I mean that companies do have a moral responsibility to look after their workforce. The main element of good ergonomic health is increased productivity. Failure to support an employee will only be detrimental to the company.

Companies should be prioritising health and wellbeing and listening to the needs of their workforce, now more than ever before. Working-from-bed maybe fun for a couple of hours, but the long-term effects of working in a slumped posture can in return leave the body feeling aches and strains.

General awareness should be given in cases where ergonomics is being considered from a proactive standpoint. Studies have shown that companies that considered ergonomics early, found fewer issues with people complaining of discomfort, over companies who only get involved at a reactive stage.

Physical ergonomics is paramount now more than ever. Workers are more aware of their social surroundings and how they should be working. Therefore, if they are willing to listen, learn and make changes, why not do with the right level of information and guidance. Providing employees with an image of the ‘ideal’ workstation will not be appropriate for someone who is operating from the bed!

My main tip for anyone working from home is to ensure they are moving! Sedentary lifestyles and static postures are what lead to muscle fatigue and bodily strain. So, remember to move at least 3-4 times within an hour, for at least 30-60 seconds each time!