{"id":762,"date":"2023-02-01T11:40:29","date_gmt":"2023-02-01T11:40:29","guid":{"rendered":"https:\/\/cedit.hu\/?p=762"},"modified":"2023-02-01T11:40:29","modified_gmt":"2023-02-01T11:40:29","slug":"work-safety-regulations-for-lake-work","status":"publish","type":"post","link":"https:\/\/xcedit.hu\/en\/tavmunka-munkavedelmi-szabalyai\/","title":{"rendered":"Occupational safety rules for remote work"},"content":{"rendered":"<h2 class=\"wp-block-heading\"><strong>What is remote work?<\/strong><\/h2>\n\n\n\n<p>In the context of teleworking, the employee performs their work regularly, in a location separate from the employer's premises (usually at their place of residence), using IT equipment, and transmits the results electronically.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter\"><img decoding=\"async\" src=\"https:\/\/cedit.hu\/wp-content\/uploads\/2020\/02\/T%C3%A1vmunka-munkav%C3%A9delmi-szab%C3%A1lyai.png\" alt=\"\" class=\"wp-image-718\"\/><\/figure>\n<\/div>\n\n\n<p>Act I of 2012 on the Labor Code regulates the specific labor law rules applicable to teleworking, while Act XCIII of 1993 on Occupational Safety and Health contains occupational safety rules that differ from the general rules.<\/p>\n\n\n\n<p>The provisions of these two laws must be applied taking into account the specific characteristics of teleworking.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">According to the Labor Code, teleworking takes place if<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li>it can be performed using information technology or computer equipment, and the results of the work can also be transmitted electronically (e.g., jobs based on data processing activities, such as software developer, system administrator, translator, proofreader, payroll accountant, etc.),<\/li>\n\n\n\n<li>activities regularly carried out at a location separate from the employer's premises,<\/li>\n\n\n\n<li>Unless otherwise agreed between the employer and the employee, the employer's right to give instructions extends only to the determination of the tasks to be performed by the employee.<\/li>\n<\/ul>\n\n\n\n<p>The&nbsp;<strong>occasional work from home<\/strong>&nbsp;or performed at a variable location&nbsp;<strong>work is not considered remote work<\/strong>, so the special rules for remote working do not apply in these cases.<\/p>\n\n\n\n<p><strong>Creating conditions for safe working practices that do not pose a risk to health&nbsp;<\/strong>pursuant to Section 2(2) of the Occupational Safety and Health Act,&nbsp;<strong>Even in the case of remote work, the employer is responsible.<\/strong>,which are not affected by employees' occupational safety obligations.<\/p>\n\n\n\n<p><strong>What qualifies as a remote work location?<\/strong><\/p>\n\n\n\n<p>Based on Section 87(5) of the Occupational Safety and Health Act&nbsp;<strong>A workplace is defined as any open or enclosed space where employees are present for the purpose of or in connection with work.<\/strong><\/p>\n\n\n\n<p>If the employer and the employee agree that the employee will regularly perform their work using information and communication technology or computer equipment at their own home or at another specific location of their choice, then the place where they perform this activity shall be considered their workplace, regardless of whether it is not the employer's registered office or premises, or is not under the direct or indirect control of the employer.<\/p>\n\n\n\n<p>If teleworking takes place at the employee's home, not the entire apartment is considered&nbsp;<strong>workplace, only approx. 2-4 m<sup>2<\/sup>-area where the work desk, work chair, computer, filing cabinet, etc. are located.<\/strong><\/p>\n\n\n\n<p><strong>The employer must ensure that the workplace for remote work is designed in accordance with occupational safety requirements in advance, pursuant to Section 86\/A(3) of the Labor Code, and must also perform a risk assessment.<\/strong><\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<p>The employer or its representative shall&nbsp;<strong>Occupational Safety and Health Act&nbsp;<\/strong>Pursuant to Section 86\/A(4)&nbsp;<strong>even in the case of remote working, you must regularly check that the working conditions meet the requirements<\/strong>, whether the employee is familiar with and complies with the provisions applicable to him or her. Pursuant to Section 86\/A(7) of the Occupational Safety Act&nbsp;<strong>a&nbsp;<\/strong><strong>occupational safety authority<\/strong>&nbsp;only on the basis of prior information, exclusively&nbsp;<strong>may carry out inspections at the remote working location between 8 a.m. and 8 p.m. on working days.<\/strong><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>What applies to the work equipment used?<\/strong><\/h2>\n\n\n\n<p>In the case of remote work, the Occupational Safety and Health Act and the Labor Code provide for the possibility for the parties to agree that the&nbsp;<strong>The employee shall provide the work equipment necessary for performing the work tasks.<\/strong>&nbsp;When working remotely, it is easy to determine what work equipment an employee can provide for themselves. The&nbsp;<strong>employer<\/strong>&nbsp;However, the agreement concluded with the employee does not exempt the employer from its objective liability under Section 2(2) of the Occupational Safety and Health Act. That is to say&nbsp;<strong>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 hazard.<\/strong><\/p>\n\n\n\n<p>Knowledge of occupational safety regulations is essential for inspecting the condition of work equipment, including checking the availability of documentation, declarations of conformity, certificates, and instructions necessary for operation. Therefore, the inspection must be carried out by an occupational safety and health specialist.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Does the employer need to conduct a risk assessment for remote working?<\/strong><\/h2>\n\n\n\n<p>Based on the provisions of Section 54 of the Occupational Safety Act&nbsp;<strong>to the employer<\/strong>&nbsp;in relation to all activities performed by it&nbsp;<strong>a risk assessment must be carried out, in which the risks to the health and safety of employees must be assessed qualitatively and, where necessary, quantitatively<\/strong>, with particular regard to the work equipment used and the design of workplaces, from which the risks of teleworking are no exception.<\/p>\n\n\n\n<p>The employer must ensure in advance that the place\/premises chosen by the employee as their regular place of work and the work equipment used meet the requirements for safe working conditions that do not pose a health risk. This is the only way for the employer to comply with their legal obligations.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Is it necessary to provide occupational safety training for remote workers?<\/strong><\/h2>\n\n\n\n<p>Given the special nature of remote working, it is also particularly important that the employer, based on the results of the risk assessment and before the employee starts work,&nbsp;<strong>During occupational safety training, cover the hazards associated with remote working.<\/strong>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><strong>Is an accident that occurs while working remotely considered a work-related accident?<\/strong><\/h2>\n\n\n\n<p>The Occupational Safety and Health Act considers accidents to be&nbsp;<strong>accidents at work that occur during or in connection with work<\/strong>. When concluding an agreement on teleworking, the parties shall specify the work activities and workplace covered by teleworking. It is advisable to define the work activities and workplace in such a way that they can be clearly identified. If the employee performs his or her activities&nbsp;<strong>the marked 2-4 m<sup>2<\/sup>-finishes in<\/strong>, an accident that befalls him in this work area shall be considered an accident,&nbsp;<strong>which occurs during the course of work,<\/strong>&nbsp;this way<strong>&nbsp;is considered a work-related accident.<\/strong>&nbsp;However, it is not considered a work-related accident if the employee leaves their workplace, for example, to go to the kitchen, bathroom, or garden, and has an accident there. This is because, while the employer is responsible for activities \u201erelated to work\u201d as defined in Section 87(3) of the Occupational Safety and Health Act and for the services provided by the employer, the employee working remotely is responsible for the condition of the bathroom, kitchen, and garden that they have set up themselves. garden fall within the employee's sphere of responsibility.<\/p>\n\n\n\n<p>If an accident occurs during the use of work equipment, the equipment concerned must be subjected to an extraordinary inspection in accordance with Section 23(2) of the Occupational Safety Act.<\/p>\n\n\n\n<p><em>source:<\/em>&nbsp;<a href=\"http:\/\/www.ommf.gov.hu\/\" target=\"_blank\" rel=\"noopener\"><em>www.ommf.gov.hu<\/em><\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>What is teleworking? In the context of teleworking, employees regularly perform their work at a location separate from their employer's premises (usually their place of residence) using IT equipment, and transmit the results electronically. Act I of 2012 on the Labor Code regulates the specific labor law rules applicable to teleworking, while Act XCIII of 1993 on Occupational Safety and Health regulates the occupational safety rules that differ from the general rules.<\/p>","protected":false},"author":1,"featured_media":763,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kad_blocks_custom_css":"","_kad_blocks_head_custom_js":"","_kad_blocks_body_custom_js":"","_kad_blocks_footer_custom_js":"","_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-762","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"taxonomy_info":{"category":[{"value":1,"label":"Uncategorized"}]},"featured_image_src_large":["https:\/\/xcedit.hu\/wp-content\/uploads\/2023\/10\/Tavmunka-munkavedelmi-szabalyai-300x150-1.png",300,150,false],"author_info":{"display_name":"SzaboArtDesign","author_link":"https:\/\/xcedit.hu\/en\/author\/szaboartdesign\/"},"comment_info":0,"category_info":[{"term_id":1,"name":"Uncategorized","slug":"uncategorized","term_group":0,"term_taxonomy_id":1,"taxonomy":"category","description":"","parent":0,"count":54,"filter":"raw","cat_ID":1,"category_count":54,"category_description":"","cat_name":"Uncategorized","category_nicename":"uncategorized","category_parent":0}],"tag_info":false,"_links":{"self":[{"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/posts\/762","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/comments?post=762"}],"version-history":[{"count":0,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/posts\/762\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/media\/763"}],"wp:attachment":[{"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/media?parent=762"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/categories?post=762"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xcedit.hu\/en\/wp-json\/wp\/v2\/tags?post=762"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}