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 su er 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 sta 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 a ected by their actions.
Sta 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 sta 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 o er 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 sta . 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.
22 MARCH 2021
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 di erent home setup and scenario, which will vary from
person to person and home to home.
The damaging e ects 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 o ice.
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 a er 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. Workingfrom
bed maybe fun for a couple of hours, but the long-term e ects
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!
Do you have a question that you’d like
answered by the FMJ Clinic?
Email: sara.bean@kpmmedia.co.uk
FM CLINIC
Karen Holden
Sukhi Assee
ADVICE & OPINION
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