As remote work has become increasingly popular, especially post-COVID-19, employers are learning that their responsibilities for worker health and safety extend beyond the traditional office.
A recent case in South Australia, Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91, brings this to light. This case demonstrates that workers injured while working from home can make successful claims for workers’ compensation if their injuries arise out of their employment even in circumstances where an employer might otherwise think they are not liable for an injury.
In this case, a worker of a local council in South Australia, Ms Vercoe, fell over a pet barrier she had set up in her home office while working from home. Ms Vercoe had requested to work from home on that particular day as she was looking after her friend’s dog. Her employer was aware of this fact. The day before, Ms Vercoe had erected the pet barrier to keep her friend’s dog separate from her pet rabbit, whose cage was in the same area of the room as her home office.
At the time of the incident, approximately 30 minutes after she started work, Ms Vercoe was on her way to the kitchen to make a cup of coffee. The evidence established that when Ms Vercoe worked from her employer’s office her routine was to make herself a cup of tea or coffee shortly after commencing work, and that this conduct was authorised by her employer.
Ms Vercoe claimed compensation for injuries sustained in the fall at her home, arguing that her employment contributed significantly to the accident.
The pet barrier was found to be an existing feature of Ms Vercoe’s workplace on the day that she was injured, and created a hazard. The Tribunal found that this hazard was the only cause of Ms Vercoe’s injuries.
The Tribunal upheld Ms Vercoe’s claim, noting that her home was, at that time, her official place of work, and that her employer’s duty of care extended to her home workspace, including actions taken by her during any authorised breaks.
Now while your first thought might be “how on earth could an employer foresee that their worker might construct a pet barrier which could pose a hazard while the worker is working from home”? However, the Tribunal in this case said:
“… the fact Ms Vercoe created the workplace hazard the day prior, and unbeknown to the Council, does not preclude a finding that it is an employment-related cause. This is particularly so, given the extent of Ms Vercoe’s autonomy in managing her own health and safety while working from home.”
The importance of taking proactive steps to risk
For business owners, this case highlights the importance of taking proactive steps to mitigate liability risks when workers work remotely.
A PCBU must eliminate or reduce health and safety risks to the fullest extent practicable, even when their workers are working from home. Here are some examples of common hazards workers might encounter in a home-based work environment:
- Poor workstation setup: insufficient lighting or ergonomic issues.
- Inadequate working environment: excessive noise, poor heating or cooling, electrical safety concerns.
- Sedentary work: sitting still for too long and its associated health risks.
- Trip and slip hazards:children’s toys, household clutter, or mess from renovations.
- Psychosocial hazards: high or low job demands, limited control over tasks, lack of support, unclear roles, or exposure to harmful online behavior.
- Insufficient facilities: poor ventilation or potential utility outages.
- Fatigue: working long hours, struggling to disconnect from work. Note an worker might mitigate this risk themselves by exercising their right to disconnect. You can read more about the right to disconnect here.
- Risks related to family or domestic violence: working in isolation and challenges in accessing help quickly.
To effectively manage health and safety risks, a PCBU should implement policies and procedures so as to manage risks when their workers are working from home. Risk management assists a PCBU to eliminate and control risks in the workplace, including remote workplaces.
Home environments and living arrangements vary widely, so managing risks requires a tailored approach. Consulting with workers is essential, as they often have the best insight into the unique risks within their home workspaces. Consultation also allows for a more accurate assessment of risks and ensures that any control measures imposed are both practical and effective.
When workers are permitted to work from home, these policies and procedures should address the following:
- Identification of hazards in the home workspace.
- Assessment of the risks these hazards pose.
- Implementation of control measures to address each risk.
- Reviewing and maintaining these control measures regularly to ensure they are effective.
Of course, a PCBU might not have the means to physically inspect every workers’ home workspace. But a structured self-assessment checklist is an effective alternative. Businesses can demonstrate they took steps to ensure a safe workspace for their remote workers by having workers fill out a workstation checklist that includes safety questions such as ensuring sufficient space, adequate lighting, and an environment free of potential hazards. Making this a mandatory requirement and revisiting the checklist periodically can go a long way in helping a PCBU mitigate their legal risk.
A PCBU might also consider providing training on ergonomics and safety to help workers understand how to maintain a productive and safe workspace. Training could include basic ergonomics, such as adjusting chairs, desks, and screens, and teach workers about potential hazards specific to home environments. Encourage workers to arrange their workspace carefully and to avoid creating obstacles (like pet fences!) in high-traffic areas of their home office.
In Ms Vercoe’s case, her employer’s encouragement to take short breaks supported her claim, as the coffee break during which she was injured was recognised as authorised. Promoting regular breaks is beneficial for worker well-being but can also reduce liability risks by encouraging breaks that prevent fatigue-related accidents. By including guidelines around breaks in your remote work policy, you can promote health and safety while maintaining a degree of oversight.
It’s essential that workers report any injuries or incidents that occur while working from home, no matter how minor. This not only allows you to document incidents and follow up but can also help with implementing new safety measures. Additionally, it is recommended that a PCBU encourage workers to keep a record of any prior injuries that might be aggravated by their remote work environment, especially if they have experienced musculoskeletal issues or other injuries related to their workspace.
Final thoughts
The rise of remote work has transformed responsibilities for both businesses and their workers, creating both new benefits and new risks. For business owners, understanding and proactively addressing these risks is essential.
By implementing clear policies, providing training, encouraging reporting, and staying informed about legal developments, businesses can better protect both their workers and themselves in this evolving landscape. Taking these steps will help create a safer, healthier, and more productive remote work environment while safeguarding your business from potential liability.
