In this week’s post, we delve into a critical HR compliance topic spurred by a recent conversation with an HR Manager from a remote working company. The question at the forefront: Does the safety of our staff remain our responsibility when they work from home?
Unpacking this query led us to two pivotal pieces of legislation:
- Occupational Health and Safety Act No 85 of 1993 (OHSA): Regulating the health and safety of employees in the workplace.
- Compensation for Occupational Injuries and Diseases Act No 130 of 1993 (COIDA): Providing compensation for injuries or diseases sustained in the course of employment.
The OHSA defines “workplace” as “any premises or place where a person performs work in the course of his employment”, and “work” means “… to work as an employee, …and for such purpose an employee is deemed to be at work during the time he is in the course of employment…”.
A home can therefore be considered a workplace where employees carry out their work from their home.
This realisation raises several important questions:
- What are the employer’s health and safety responsibilities for remote employees?
- How can an employer oversee the health and safety of an employee’s home workplace?
- Implementing effective health and safety training – how should it be done?
- Investigating and reporting accidents that occur during remote work – what’s the process?
- How does one balance an employee’s right to privacy in this context?
In today’s evolving work landscape, where remote work is commonplace, ensuring a safe work environment is a joint responsibility of both employer and employee. An employee’s safety remains a paramount concern for the employer.
This is not just a legal obligation; it’s a commitment to fostering a culture of well-being and security for all.
Ready to delve deeper into this vital discussion? Connect with Terrex today!
Looking forward to our next conversation
Keith Magill
Empowering your business through innovative human capital strategies
