Remote work, or occupational safety rules for working from home

What is remote work?

In the context of remote work, the employee performs their work regularly, in a location separate from the employer's premises – typically at their place of residence – using IT equipment, and transmits the results electronically.

Remote working must be agreed upon in the employment contract.

Creating conditions for safe work that does not pose a risk to health is the responsibility of the employer under Section 2(2) of the Occupational Safety and Health Act, including in the case of remote work, and is not affected by the occupational safety and health obligations of employees.

Work tools used during remote work

In general, employees perform their work tasks at the employer's premises using work equipment provided by the employer, which is either owned or leased by the employer. However, in the case of teleworking, the Occupational Safety and Health Act and the Labor Code allow the parties to agree that the employee will provide the work equipment necessary to perform the work tasks.

When working remotely, it is easy to determine what work equipment an employee can provide for themselves. However, an agreement with the employee in this regard does not exempt the employer from their objective responsibility under the Occupational Safety and Health Act., i.e. you must ensure that the work equipment purchased or used by the employee complies with the requirements for safe working conditions that do not pose a health risk., because this is the only way it can fulfill its legal obligations.

Location of remote work

If the employer and the employee agree that the employee regularly performs his or her work at home or at another specific location of his or her choice, information and communication technology or computer equipment, then the place where this activity is carried out is considered to be the workplace, regardless of whether it is not the employer's registered office or place of business, or is not under the direct or indirect control of the employer.

In our opinion, if teleworking takes place at the employee's home, Not the entire apartment is considered a workplace, only the approximately 2-4 m2 area where the work desk, work chair, computer, filing cabinet, etc. are located. is located.

For remote working The employer must ensure that the workplace is designed in accordance with occupational safety requirements in advance, in accordance with the Occupational Safety Act, and must also carry out a risk assessment. Among other things, the room must be adequately ventilated, heated, and equipped with natural and artificial lighting, and the work equipment must comply with the conditions for safe and healthy work.

Given that the Occupational Safety and Health Act does not stipulate that working conditions in the case of teleworking may only be inspected on site, the completion of a checklist by the employee and the documentation of the remote workplace with photographs may be sufficient for the occupational safety specialist to assess the adequacy of the working conditions. Based on the documents (e.g., the report on the electrical safety of the apartment used as a workplace, the user manual for the computer equipment), the analysis of the photos, and the information provided by the employee, the employer may classify the workplace as suitable from an occupational safety perspective.

Risk assessment

Without assessing the risks, the employer is not in a position to make an informed decision as to whether to enter into a teleworking agreement with the employee, because, as explained above, they must first ensure that the place chosen by the employee as their regular place of work and the work equipment used, whether provided by the employer or the employee, meet the requirements for safe working conditions that do not pose a health risk.

However, as we have already explained with regard to the location of teleworking, teleworkers can also be involved in risk assessment activities, so risks can be assessed using a pre-prepared checklist completed and signed by the employee, as well as by documenting the teleworking location with photographs, but Of course, the assessment can only be carried out within the framework of occupational safety and health activities.

Occupational safety training

Given the special nature of teleworking, it is also particularly important that, based on the results of the risk assessment, but before the work begins, the employer addresses the hazards associated with teleworking during the employee's occupational safety training and draws attention to the importance of cooperation.

Prepared based on information provided by the Labor Inspection Department and the Labor Market Regulation Department!

Source: ommf.gov.hu

Featured image source: Pixabay