Telework is on the rise. Technology is making it easier for employees to work at home and stay connected with the central office electronically by modem, computer, fax or phone.

Some employers like telework because it increases productivity, improves employee morale and reduces absenteeism. Employees are equally attracted to the prospect. To them it means an improved quality of life, increased autonomy, more time at home with family, far less commuting, and even the flexibility to live far from the office if they want to.

Telework is still in its early stages of evolution, however, and certain concerns are arising. Some organizations have studied the issue and discovered that teleworkers like the arrangement at first, but eventually find it isolating. Many are also becoming concerned with the health and safety aspects.

Many teleworkers find that the workload is greater and that they end up putting in more hours at home than they used to at the office. Another concern is that home offices do not always meet the employer's health and safety standards. Teleworkers must make sure that their desks and chairs are adjusted properly, avoid monitor glare and incorrect positioning of the wrists, and eliminate potential hazards such as extension cords.

If the company provides the equipment for the home office, it has more control over the safety features of the equipment. Employers may have to check equipment periodically and keep it up to safety standards. If the company provides furniture for the home office, the employee should be allowed to test it before it is purchased to make sure it fits.

If employees furnish their own home offices, there should be company standards and guidelines to ensure a proper selection. For example, a computer terminal should not be set up on a kitchen table because the surface is too high and does not allow proper positioning of the wrists.

Employees have a responsibility to set up a safe work area at home, but the employer should provide guidance, in the form of ergonomics instruction and training, on how to do that. Safety professionals tend to agree that the employer should be responsible for ensuring a safe working environment at the teleworker's home. This means that the teleworker should expect to sacrifice some privacy and allow the employer to inspect the home office as necessary.

The Legal "Grey Area"

Typically, health and safety legislation applies to all workers performing work for the employer, including teleworkers. But the issues of liability and compensation make telework a cloudy, controversial issue.

Who is responsible for what varies by jurisdiction and by workplace but certain scenarios are sure to fall in the grey area: What if the employee has an accident in the kitchen while on a coffee break, or trips on a rug on the way to the washroom? How does an employee prove that a repetitive motion injury was caused by company work, and not by dicing too many vegetables? What if a teleworker has a car accident while running a business-related errand from home?

The general rule is that if a worker is injured by the employer's equipment or in the course of performing work for the employer, the employer may be held liable. But sometimes it may be up to the worker to prove to WCB that he or she was working when the injury or illness was incurred.

To address issues that might not be fully covered in OSH legislation, the employer should have a written agreement with the teleworker that states:

• who supplies equipment
• what type of access the employer and JHSC have to the teleworker's house for safety inspections
• who is responsible for placing, maintaining and storing equipment
• what part of the residence constitutes the official "workplace"
• how to monitor the situation to ensure compliance with the law
• that teleworkers are required to report any accident or injury to the supervisor immediately
• how accidents or injuries are to be investigated
• that employees who telework are subject to the same safety standards as other employees.

CCOHS has prepared OSH Answers on various ergonomic topics: