‘Modern’ workplaces have home-based options
A LEADING employment law firm has described flexibility as “just part of the modern workplace” and urged organisations to bone up on their obligations rather than view employee requests to work from home as “too hard”.
The advice from Harmers Workplace Lawyers senior associate Kristin Ramsey comes on the same day ACTU President Ged Kearney flagged greater work-life balance as a major plank of future campaigns for worker’s rights.
The ACTU released the results of a survey of 41,000 union members today – the largest survey of its kind. The Working Australia Census 2011 described increasing numbers of workers in distress due to growing unpaid hours and the struggle to balance work and family.
Ms Ramsey, Brisbane team leader at Harmers, said the law firm had seen a spike in inquiries from employers this year wanting to know the legal pitfalls of offering flexible work options.
She said that while some organisations wanted to become an employer of choice, others were concerned about legal dangers after a Telstra worker successfully sued for compensation after falling down stairs during a home-based work day.
“I would hate to think organisations were not introducing flexible options because they thought it was too hard,” Ms Ramsey said.
“The effort involved in having an employee complete a checklist or for the employer to carry out an inspection of a home-based work station is outweighed by the benefits to the employer of offering flexibility.”
Despite the jitters created by the Telstra case, Ms Ramsey said more organisations were interested in offering home based work.
“It is being driven by a number of things: provisions under the Fair Work Act where people with children under school age can request flexibility; technology [that allows for telecommuting]; provisions under anti discrimination legislation to accommodate family responsibilities; and just a greater interest in becoming an employer of choice,” Ms Ramsey said.
“It may be problematic for employers to refuse requests to work from home without
reasonable business grounds.”
Ms Ramsey recommends employers wanting to create home-based options take a number of steps starting with drawing up a list of safety requirements.
“Employers often approve flexible working arrangements without giving thought to the potential risks involved.”
She said the occupational health and safety obligations that apply to an office workplace also applied to a home work set up. An ergonomic work station, sufficient light and ventilation, a work area free of trip hazards like loose floor boards and adequate security were all requirements.
Employers can inspect the employee’s premises or have a third party carry out the inspection or have the employee carry out a check list of inspections and modifications.
“It is not unreasonable for an employee to expect the employee to pay for [items] if they requested the home-based option or for the employer to pay if it is a requirement of the job.”
“This does not have to be overly onerous. Working from home and flexible work practices is a normal part of modern workplaces.”
“The crux of the issue is deciding whether the benefit to the employee outweighs the potential risks to the business, and whether such risks can be properly managed,” Ms Ramsey said.
Harmers Workplace Lawyers Checklist
Properly consider all work from home requests
- Complete a detailed, documented risk assessment of the home work environment looking at environmental factors (lighting, heating, ventilation etc), workplace organisation and layout (including electrical and trip hazards), risks posed by others in the home work environment (such as children) and hours of work.
- Establish a comprehensive policy for working from home arrangements covering issues such as OH&S reporting requirements/incidents, expressed permission for the employer to inspect the home working environment.
- Both employer and employee should sign the document before the home based work arrangement begins.
- Employers should maintain documentary evidence of requests for working from home arrangements and the reasons why requests were/were not granted.
- Hold regular reviews of work from home arrangements to accommodate changing circumstances.
