The Covid-19 pandemic has forced businesses to reassess health and safety protocols. More recently, we have all received new regulations requiring businesses to put measures in place for the workplace to prevent the spread of Covid-19. Our President has also spoken out requesting that all employees that are able to work from home, do so. This has introduced a new dynamic where employees are taking the workplace home, but the employer is still required to monitor the health and safety implications.
The Occupational Health and Safety Act, 1993 seeks to regulate health, safety, and wellness issues within a workplace. It places several duties on both employees and employers, requiring a conscious effort from all levels of the workforce to ensure health and safety. The following duties will apply where employees are working from home.
Employer Duties
- Conducting a risk assessment with each employee
- Providing and maintaining systems of work that are safe and without risk to health
- Taking steps to eliminate or mitigate any harm or potential harm, before resorting to personal protective equipment (PPE)
- Establishing the precautionary measures to be taken with respect to such work to protect the health and safety of employees
Employee Duties
- Taking reasonable care for the health and safety of themselves and of other people who may be affected
- To carry out any reasonable instruction given to them in the interest of health and safety
- To obey the health and safety rules and procedures implemented by the employer
- To report any situation which is unsafe to the employer
- To report any incident which may affect the employee’s safety
Working from home
Whether working from home is reasonable will depend on the facilities available for employees to work remotely and the ability for employees to do their work safely from home – most commonly all employees that can perform their work electronically (whether by phone or computer) will be able to work remotely. Employers should consult with employees about whether working from home is an appropriate arrangement, keep up to date with the latest information regarding Covid-19, and seek advice specific to their circumstances. During consultation, employees should consider whether they will be able to carry out their duties at home, and the appropriate risk and control measures to be put in place. The following health and safety issues should be considered when setting up a home office:
- Whether working from a different location will introduce additional risks – this will be specific to each person’s remote workplace
- The suitability of the nature of the work to be performed, and the workstation set up. Not having a suitable desk and chair could pose health risks and should be explored
- The employee’s environment, does he or she have sufficient internet speed, is he or she in a relatively noise-free environment
- In some cases, working from home may not be a practical solution. In these cases, staff will need to be present at the employer’s premises. This will require full compliance with the new regulations, including:
- other forms of social distancing such as 1.5m spacing between workstations
- where social distancing is not practical, then providing barriers such as temporary dividers or face shields
- Sanitizing of the workplace, and very frequent cleaning of shared hardware
- delaying non-essential tasks
- shift re-structuring where possible, this may require concluding temporary employment agreement addendums with staff
- Compulsory temperature testing or symptom screening upon entry for staff and visitors
- Visitor logs, making the spread of the virus easier to trace (ideally, visitors should use their own pen to complete the log or staff member creates all records by the visitor telling him/her their details)
- A clear plan in the event of an employee showing symptoms or disclosing symptoms
- Providing two face masks per employee and ample hand sanitizer for regular use
Keeping in touch
It is important to maintain contact with employees who are working from home or in isolation. Employers should establish and maintain clear and regular communication to:
- Instruct on work and allocate tasks
- Check with staff to ensure they can access the technology required to do their job
- Monitor work levels and progress
- Check that work can be completed from home and adjust work tasks as necessary
- Keep employees informed on current affairs
- Regular communication also assists to motivate the team and ensure all feel connected
Working from home can present significant challenges. Each employee has their
own home life and it can be difficult to juggle fulfilling those responsibilities
with meeting work requirements. A lack of social contact over an extended
period can lead to anxiety and a lack of motivation. Employers can mitigate
these effects by:
- Regularly checking in on employees, this can be done through daily meetings either by phone or video conference
- Creating opportunities for team communication, for example online applications such as WhatsApp, Slack and Microsoft teams allow chat groups, which can be useful for providing updates whilst alleviating some of the negative effects of isolation
- Encouraging employees to stay physically active, eat well and regularly go outside if possible
- Making sure employees are disengaging from work at the end of the day
Conclusion
The answer to whether we can all work from home safely will likely just be access to technology. Employers should bear in mind their obligations throughout this “new normal”, but our main challenges are faced by workplaces that necessitate attendance at the employer’s physical premises. We are able to assist with any of the abovementioned compliance. Please contact us for further advice.