HOMEWORKERS AND HEALTH & SAFETY

1. HOMEWORKERS AND HEALTH & SAFETY Leon Lloyd Senior Associate Hugh James Solicitors 20 July 2018

2. INTRODUCTION Homeworker Guide for Health and Safety Professionals Contents • Homeworkers and the workplace • What is a homeworker • Health and safety obligations to the homeworker • Where to begin • Checklist • Working area • Equipment • Risk assessment • Equipment (2) Whose responsibility is it Training Case study Hazards Other considerations It begins Recap Final thoughts Questions Further info / reading

3. HOMEWORKERS AND THE WORKPLACE Question – Odd one out Which of the following is not a workplace? • Office • Factory • Home • Coffee Shop

4. HOMEWORKERS AND THE WORKPLACE Answer – Trick Question • All of these in certain circumstances can be regarded as a workplace.

5. WHAT IS A HOMEWORKER? • There is no legal definition of homeworking. • Homeworking can arise on a formal or informal basis as well as being temporary or permanent. • Today we will focus on the permanent homeworker.

6. HEALTH & SAFETY OBLIGATIONS TO THE HOMEWORKER • Question – If you have an employee who works at home on a permanent basis, does your duty under the health and safety legislation apply? • Answer…

7. HEALTH AND SAFETY OBLIGATIONS TO THE HOMEWORKER • Health and Safety for homeworker’s can be a little different to employees at an employer’s base. • It should be remembered that employers have a duty of care for all their employees, and the requirements of all health and safety legislation apply to homeworkers.

8. WHERE TO BEGIN • Homeworking policy has been agreed and the task now lands on your desk, what do you do? • Where to begin?

9. CHECKLIST You need to ensure the following is in place:- • Suitable place to work • Equipment • IT • Phone • Furniture • Fire extinguisher / First aid kit • Risk assessment • Also check insurances under both the employers and employees insurance policies

10. WORKING AREA • It is the employers responsibility to check whether the proposed workplace is suitable. • The working area should be checked for:- • Adequate lighting • Temperature / Heating / Chilling • Ventilation • Floors

11. EQUIPMENT • It will need to be decided who supplies the equipment to be used. There is no legal obligation upon the employer to provide any equipment. • But the employer is responsible for any equipment it supplies. • Remember obligations under the display screen equipment and regulations and electrical safety checks etc.

12. RISK ASSESSMENT • The employer has the responsibility to carry out a risk assessment. • It is the employee’s responsibility to rectify any issues found within the home that have been highlighted by the risk assessment. • It is not advisable to commence homeworking until every issue as been satisfactorily resolved.

13. EQUIPMENT • Any equipment supplied by the employer is the employers responsibility to keep safe. • This may involve checks and revisits to ensure that the equipment is safe and working correctly. • Questions…

14. WHOSE RESPONSIBILITY IS IT? • Question 1 – Lighting? • Answer: Homeworker • Question 2 – Computer? • Answer: Whoever supplied it • Question 3 – Desk / Chair? • Answer: Whoever supplied it • Question 4 – Overall safety? • Answer: Homeworker

15. TRAINING • When considering homeworking you should also consider whether the homeworker requires additional training in the following areas:- • Manual Handling • Hazard Awareness • Procedures on fault reporting • Fire / First Aid

16. CASE STUDY • Potential homeworker completes questionnaire. • Workplace • Furniture • Lighting etc • Equipment

17. CASE STUDY • This is followed by a visit from the health and safety team who should:- • Identify risks • Put procedures into place to manage and minimise those risks • Regular follow up to ensure that the homeworking area is safe

18. HAZARDS New research has shown that hazards within homeworking fall into a few categories. • Normal office type hazards • Inadequate chairs / seating position / screen usage • Poor health and safety practices • Manual handling • Other hazards specific to homeworking could be the presence of children / pets etc • Isolation / Working Alone

19. OTHER CONSIDERATIONS • Storage • Type of computer / laptop • Carpets / Chairs • Desks These are normal health and safety considerations found in any office. Good practice would be to ensure that the same standards apply in the homeworking scenario as within the office.

20. IT BEGINS! Now all the issues have been rectified and homeworking has commenced, what now? • Once the homeworking area is safe it is the responsibility of the homeworker to keep it that way. • The homeworker has to take reasonable care of their own safety. • Any issues or inadequacies should be reported by the homeworker to their line manager or their health and safety representative.

21. RECAP • There is no legal duty to provide equipment to the homeworker. • Any equipment that is supplied by the employer is the employer’s responsibility to ensure it is safe. • The employer is responsible to ensure that the work area and equipment is safe / suitable. • The homeworker must rectify any issues in the work area and keep it safe. • Remember your risk assessments in training should be kept up to date.

22. FINAL THOUGHTS • Isolation • Concerns have been raised of psychological issues arising from working alone for extended periods. • Little medical evidence has been identified to indicate this would be a major problem. This is possibly due to the kind of employee who is willing to work from home. • Although it can be easily managed:- • Regular contact • Ensuring the homeworkers are not left out of the loop

23. FINAL THOUGHTS 2. Stress / Overwork • Risk has also emerged from overworking. • Often desire to make the homeworking arrangement succeed can drive employees to work longer and longer hours to ensure that they are not being regarded as shirking. • Managers should be aware of this and take appropriate steps to manage the employees working hours.

24. ANY QUESTIONS?

25. Further reading:- • HSE Website • ACAS

26. hughjames.com