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Is occupational safety required to work from home?

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Is occupational safety required to work from home?

Vrijeme čitanja: min

In recent years, numerous jobs in companies from various fields have moved from company offices to home environments.

Namely, since the corona crisis hit all aspects of the modern world, remote work has proved at a certain point to be the only possible one. At the top of the pandemic, companies such as Amazon, Apple, Google, Twitter and Airbnb have asked at least some of their employees to stay in their homes and continue working from there.

In the following years, the trend continued. Companies noticed certain savings on the cost of ‘production’, some workers liked working in bathrobes and pajamas, so little by little the appearance of working from home proved to be more frequent.

But where is the protection at work without which any work, both in Croatia and in other countries of the world, is impossible.

Specifically, occupational safety (ZNR) usually refers to measures and regulations that apply to ensure the safety and protection of employees while performing their work tasks. When it comes to working from home, the need for occupational safety can vary depending on the type of work and work environment.

In Croatia, occupational safety for working from home, i.e. in a separate workplace, is regulated by the Law on Safety at Work. According to this law, a separate place of work is a place of work in which the worker performs the contracted work at home or in another space that is not the premises of the employer.

Also, the employer is obliged to provide a safe and healthy workspace for all employees, including those who work from home.

They also explained this topic in the relevant ministry, where they state that when it comes to the predominant, i.e. constant performance of administrative, office and similar tasks at a separate place of work, the employer is obliged to make a risk assessment for these jobs, which needs to be documented.

However, the Ministry of Labour, Pension System, Family and Social Policy considers that the employer, as in the case of occasional performance of work, if a small risk is assessed for these jobs, appropriately, in cooperation with the worker, will appropriately consider the possibilities of meeting the safety and health requirements related to the said jobs.

Taking into account the fact that an apartment, house or other space in which the worker performs small-risk tasks for the employer is not an object intended for work, but a residential building or an object of other purpose, regardless of whether it is an occasional, predominant or permanent performance of these tasks, according to the provision of Article 3 of the Charter of Fundamental Rights of the European Union, item 3 Ordinance on occupational safety for workplaces (Official Gazette, No. 105/20) the obligations from the aforementioned Ordinance will apply to the extent that it is possible to insure them in relation to the basic purpose of housing and in accordance with the nature of the jobs and the size of the risk for the work errands performed by the worker in that space for the employer.

Assuming that the provisions of the regulations relating to residential buildings are met, the provisions of occupational safety regulations will be applied appropriately (to the extent possible) with the care that the safety and health of workers are not endangered.

In the relevant Ministry, they note that in this space, regardless of whether it is a constant, predominant or occasional performance of administrative, office and similar tasks with low risks, there is no obligation to test work equipment and the working environment in terms of the provisions Regulations on inspection and testing of work equipment (Official Gazette, Nos. 16/16 and 120/22) and Ordinance on environmental testing (Official Gazette, No. 16/16 and 120/22) and that in the case when the worker himself performs the aforementioned tasks in the apartment or house, the provisions of the regulations of occupational safety related to evacuation and rescue and the provision of first aid do not apply.

But working from home can provide more flexibility and comfort for the worker, however there are still potential risks for the same that require attention.

Organizations and laws may require the application of certain occupational safety guidelines, and some of the aspects that can be considered include the following:

  1. Ergonomics of the workplace: Employees should have an adequately fitted desktop, chair and computer equipment to prevent injuries to the back, neck or other musculoskeletal problems.
  1. Electrical safety: Working from home may involve using computers, printers and other electrical appliances. It is important to check that electrical appliances are in good condition and do not pose a risk of fire or electric shock.
  1. Psychosocial factors: Working from home can lead to additional stress and isolation. Organizations should consider providing support and resources to maintain employee mental health.
  1. Data security: Ensure employees have secure and secure ways to access business systems and data to prevent information leaks or unauthorized access.

Thus, the Law on Amendments to the Labor Act in the article 17b items 4. and 5. states that the employer has the right to enter the premises of the worker’s home or some other space other than the employer’s premises for the purpose of maintaining equipment or carrying out predetermined supervision related to the working conditions of the worker.

But this is possible only if it is contracted between the worker and the employer and only at the time he has agreed with the worker.

Furthermore, the employer is obliged to ensure the protection of privacy for a worker who works in a separate place of work and to ensure work in a safe manner and a manner that does not endanger the safety and health of workers, when, according to the nature of the work and the magnitude of the risk to the life and health of workers assessed in accordance with the regulations on safety at work at the isolated place of work, this is possible.

Therefore, although working from home provides greater flexibility, employers and employees in Croatia are still obliged to comply with occupational safety regulations and take measures to ensure a safe working environment for employees, even if they work outside the office.

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