The novel coronavirus: New guidance from the Health and Safety Executive on Homeworking

Following the Government announcement on Monday that people should be working from home where possible, the shape of the workplace has shifted which has led towards an increased emphasis on how to keep staff safe in the home whilst at work. The HSE has helpfully updated its lone working guidance to reflect this new position where we are seeing large numbers of people at workstations which are outside of the office place.

It is clear that enabling employees to work from home where possible is of utmost importance in protecting the health, safety and wellbeing of both your employees and those not in your employment – as we now understand more about the risks to health caused by the spread of the novel coronavirus.

New guidance on homeworking from the Health and Safety Executive

In response to the current COVID-19 situation, the HSE has issued updated guidance to employers in relation to their health and safety duties to employees who are working from home.

The HSE states that as there is no increased risk from display screen equipment for those working at home temporarily, employers do not need to do home workstation assessments for those working temporarily at home. There is no definition of temporarily whereas this will appear to relate to the current COVID-19 situation.

Measures recommended by the regulator for health and safety in the UK to reduce the risks from display screen work include:

• breaking up long spells of DSE work with rest breaks (at least 5 minutes every hour) or changes in activity;
• avoiding awkward, static postures by regularly changing position;
• getting up and moving or doing stretching exercises; and
• avoiding eye fatigue by changing focus or blinking from time to time.

In relation to employees with specialised DSE equipment needs, employers should still try to meet those needs where possible including:

• allowing workers to take equipment that they use in the office (such as keyboards, mouse) home; and
• for larger items, encouraging workers to try other ways of creating a comfortable working environment.

Although it was already recognised that homeworking could provide a greater risk to employees’ mental health and wellbeing, this is particularly important given the current situation. The regulator’s recommendations emphasise that employers should keep in touch with homeworkers and ensure that employers or managers have regular direct contact with home workers in order to recognise signs of stress as early as possible and ensure that adequate supervision and support is provided. The regulator has also advised that employers should provide an emergency point of contact to workers so that they know how to get help if they need it.

How do these changes impact on previous homeworking practices?

The statement from the regulator has a clear intention of assisting businesses to assess the risk in a very fast changing situation where resources such as work equipment are not necessarily immediately available. The usual position outside of this recent guidance emanates from the Health and Safety (Display Screen Equipment) Regulations, which apply to home workers in the same way as a fixed workstation in the office. Ordinarily, written DSE workstation risk assessments should look at: the whole workstation, including equipment, furniture, and work conditions; the job being done; and any special requirements of a member of staff of each employee who will be working from home. Employers should therefore still consider whether this is possible for homeworking, and what measures can be put in place, and this should happen on an ongoing basis as the requirement to risk assess is a continuous one under the Management of Health and Safety at Work Regulations.

Because the general requirement is to assess the risk for the workplace then all premises that form part of that will be viewed as a whole, and so the novel coronavirus pandemic has to be taken into account when assessing that risk. Also the recent PHE Guidance that people should work from home where possible has a bearing on workplace decision making. The HSE statement is intended to coordinate and guide businesses in putting in place measures which deal with a shift in workplace risks. This is helpful whilst businesses are adjusting.

It goes without saying that employees or their safety representatives should continue to enable ways of highlighting risks to workplace safety under the Consultation Regulations as this has not changed.

As the situation evolves it is likely that guidance and requirements will evolve too. Employers should identify who will keep up to date with the latest government advice for employers and keep an eye out for any further changes to HSE policy.

If you require further information or advice, please get in contact with our Environment, Health and Safety team.

Co-authored by Isabel Stones.