Working Remotely – What Are the Legal Obligations For Australian Employers?
With the sudden outbreak of the Coronavirus, many Australian employees are being encouraged to work remotely.
As Telstra has announced its staff will work from home until at least the end of March, many Australian businesses are following suit, and are currently in the process of developing work-from-home plans for their team members.
While large companies such as Telstra have big HR and legal teams that are across the legal implications of such plans, smaller companies may be wondering what their legal obligations are under these unusual circumstances.
Workplace Health and Safety- Who Is Responsible?
According to Robin Price, lecturer in employment relations at Queensland University, it is the employer’s responsibility to ensure a safe working environment, whether that work is conducted at the office or the employee’s home.
"If you're an employee and you're working for someone, they have a duty of care for your health and safety,"
she said.
While some bigger companies may already have a working-from-home protocol in place, smaller companies may currently find themselves scrambling to develop a relevant policy. Such a plan should detail how to keep the employee’s environment safe while also ensuring employers are legally and financially protected should someone be injured in their home workspace.
With the sudden outbreak of COVID-19, it is not necessarily viable (or advisable) for employers to visit each worker’s home to conduct an OH and S compliance check.
The best option in this situation is to develop a ‘self-check’ policy for workers which can provide verification to the company that their home office is a safe working environment.
Professor Harpur from the University of Queensland Law School encourages using Facetime, Skype or Zoom to get your employees to show you around their workspace, conducting a ‘remote’ OH and S evaluation.
‘From an employer's perspective, if you can show that you have trained your employees on how to conduct their work safely, then that's a protection for you.’
Creating a Safe Digital Environment
Creating a safe digital environment when your workforce is operating remotely is imperative to protect both your company and employee’s information.
Ideally allowing your staff to take home their work laptop with up-to-date anti-virus software is ideal, but may not be possible.
In cases where staff are using their personal computer, you can take the following steps to help create a safe digital environment for your employees:
In cases where staff are using their personal computer, you can take the following steps to help create a safe digital environment for your employees:
Make sure they download or update their computer with a trusted anti-virus software
If new apps need to be downloaded to facilitate their remote working environment, ensure they are always downloaded from either the GooglePlay or Apple App Store. Both companies have tightened their security in light of the current crisis.
Pay for your workers to have access to a trusted Virtual Private Network (VPN)
Brief your workers on the increase in Coronavirus scams, including emails and phone calls from staff claiming to be from the IT department. While you may think this goes without saying, in times of crisis people tend to be distracted and more susceptible to online scams
Are you a small business owner looking to create a work-at-home protocol for your employees? Infinity HR is here to help. Contact us through our secure website or call Iolanda on 0400 489 743 today.
Disclaimer
The information provided on our blog is designed to provide helpful information, and does not constitute legal advice, and not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you or your organisation may have.
Get In Touch
Are you a small business owner looking to create a work-at-home protocol for your employees? Infinity HR is here to help. Contact us through our secure website or call Iolanda Hazell on 0400 489 743 today.
About The Author
Iolanda Hazell is Director & Founder of Infinity HR, helping businesses create a people-first workplace culture. With over 18 years HR expertise, Iolanda works with small to large organisations to create tailored people strategies that achieve business goals."
Sources:
ABC News 16/3/2020 - Coronavirus Working From Home & Employment Law
ABC News 14/3/2020 - Telstra Tells Employees To Work From Home