Is occupational safety required to work from home?

15. May 2023.

Remote Work, or Work from Home, Is Still Work - and It Requires Occupational Safety

In recent years, many jobs across various industries have transitioned from company offices to home environments.

Indeed, since the COVID-19 crisis affected all aspects of the modern world, remote work emerged as the only viable option at a certain point. During the peak of the pandemic, companies like Amazon, Apple, Google, Twitter, and Airbnb asked at least some of their employees to stay at home and continue working from there.

In the following years, this trend continued. Companies noticed cost savings in terms of 'production' expenses, and some employees found it enjoyable to work in their bathrobes and pajamas. Gradually, remote work became a more common occurrence.

However, where does occupational safety fit into this picture? Without it, every form of work, whether in Croatia or any other country worldwide, is impossible.

Protection at work (P@W), usually refers to measures and regulations applied to ensure the safety and protection of employees during the performance of their work tasks. When it comes to remote work, the need for protection at work can vary depending on the type of job and the working environment.

In Croatia, protection at work for remote work or work at a separate workplace is regulated by the Occupational Safety and Health Act.

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

This topic has also been explained in the relevant ministry, where it is stated that when it comes to predominantly or constantly performing administrative, office, and similar jobs at a separate workplace, the employer is obliged to conduct a risk assessment for these jobs, which must be documented.

However, in the Ministry of Labor, Pension System, Family, and Social Policy, it is considered that if there is a small risk assessed for these jobs, the employer, as in the case of occasional work, should, in cooperation with the employee, consider the possibilities of meeting the safety and health requirements related to these jobs.

Taking into account the fact that a residence, house, or other space where an employee performs low-risk jobs for the employer is not intended for work but is a residential or other-purpose space, regardless of whether it is occasional, predominant, or constant work of this nature, according to Article 3, paragraph 3 of the Occupational Safety and Health at Workplaces Regulation (Narodne novine, No. 105/20), the obligations of this Regulation will be applied to the extent possible in relation to the primary purpose of the residential space and in accordance with the nature of the work and the size of the risk for the work that the employee performs in that space for the employer.

Assuming that the provisions of the regulations related to residential buildings are satisfied, the provisions of occupational safety regulations will be applied in an appropriate manner (to the extent possible) while ensuring that the safety and health of workers are not compromised.

In the relevant Ministry, it is emphasized that in this space, regardless of whether it is constant, predominant, or occasional performance of administrative, office, and similar jobs with low risk, there is no obligation to inspect work equipment and the work environment as defined by the provisions of theWork Equipment Inspection Regulation (Narodne novine, No. 16/16 and 120/22) and the Work Environment Inspection Regulation (Narodne novine, No. 16/16 and 120/22). Furthermore, in the case when the employee is performing these jobs at home, the provisions of occupational safety regulations related to evacuation and rescue and the provision of first aid do not apply.