Working Remotely or Hybrid? Know Your Employers Obligations

10 Mar

If you work remotely, whether full-time or just a few days a week, your employer still has legal responsibilities to protect your health and safety under the National Employment Standards¹ (NES) and manage workers’ compensation risks.

A recent case from South Australia reflects why it is important to know what those obligations are.

Why This Case Matters

Lauren Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91 (18 October 2024)²

Lauren Vercoe was injured at home during a paid coffee break while working remotely. Verscoe tripped and fell over a metal pet fence injuring her right arm and leg. Her workers’ compensation claim was initially denied, but the tribunal ruled firmly in her favour, declaring her home an extension of her workplace and the break fully authorised.

What this means for you: If you’re injured during an authorised break while working from home, you are entitled to workers’ compensation, provided the injury occurs in the course of your employment.

What You Should Expect from Your Employer

Even if you work from home occasionally, your employer has a duty of care. Here’s what they should be doing:

Assessing Your Home Workspace
Employers should provide a WHS checklist or virtual assessment to identify hazards like trip risks, poor ergonomics, or unsafe setups.
Providing Safety Guidance and Training
Clear instructions on setting up a safe home office, managing breaks, and avoiding hazards.
Supplying or Reimbursing Equipment
Items like ergonomic chairs, monitors, and cable organisers should be offered if needed for safe work.
Regular Check-Ins
Employers should review your setup periodically and address any new risks.
Clear Incident Reporting Process
You should know exactly how to report injuries and access workers’ compensation support.

Your Rights Under the NES

If you’ve worked for your employer for at least 12 months, you can request flexible work arrangements, including working from home. Your employer must:

Respond in writing within 21 days.
Only refuse on reasonable business grounds (such as cost or supervision challenges).
Offer alternatives if they can’t approve your exact request.

Vercoe's case demonstrates that flexible working arrangements add extra responsibility. Employers must ensure that home workplaces meet occupational health and safety (OH&S) standards.

Key Obligations under the NES and OH&S

Duty of Care: Your employer must take reasonably practicable steps to keep you safe - in the office and at home. That includes identifying and managing risks in your home work environment.
OH&S Compliance: SafeWork NSW and similar authorities require employers to assess the home workplace for potential hazards, provide training on safe work practices, and ensure your remote setup meets basic safety standards (ergonomics, trip hazards, lighting, electrical safety).
Regular Reviews: Flexible arrangements should be reviewed periodically to identify new risks and confirm that safety measures are working in your home workspace.

Practical Steps Your Employer Should Take to Ensure Home Workplace Safety

Workplace Health and Safety Assessments: Expect a remote WHS checklist or virtual assessment. This should cover trip hazards (e.g., pet gates, cords), clutter, and ergonomic setup (chair, monitor, desk height).
Clear Guidance and Training: You should receive plain-language guidance on setting up a safe home office, covering ergonomics, lighting, electrical safety, and how to manage household hazards.
Regular Check-Ins: Your employer should schedule check-ins about your working conditions, not just performance, to identify risks early and fix issues before injuries occur.
Safe Break Practices: Policies should encourage regular breaks and include practical safety tips (e.g., keep walkways clear, move slowly after prolonged sitting). Breaks should be authorised and documented in policy.
Equipment and Resources: Your employer should provide or reimburse essential equipment (ergonomic chair, screen, keyboard, cable organisers) and offer setup support or home office audits, where feasible.

NSW-Specific Considerations for Employees

Clear remote-work policies: You should have access to a policy that explains WHS obligations, hazard identification, risk assessments, incident reporting, and equipment provisions for remote work.
Training aligned to SafeWork NSW: Expect training on safe work practices at home that aligns with NSW WHS standards. This includes ergonomic setup, safe movement, and incident reporting.
Workers’ compensation clarity: Your employer should confirm that workers’ compensation covers remote work injuries, including those occurring during authorised breaks, and provide insurer details and claim steps.

If Your Employer Is Considering Office Returns

Any office-return policy should consult employees, explain the business needs, and align with flexible work provisions. A blanket mandate can affect satisfaction and retention; hybrid approaches and documented safety measures often provide a better balance.

Conclusion

Remote and hybrid work introduce real safety responsibilities for employers. The takeaway isn’t to end remote work. It’s to make it safe, documented, and supported. As an employee, you should expect clear policies, training, and equipment support. Your employer must also provide hazard assessments and a fair workers’ compensation process if an injury occurs during work or authorised breaks.

At Veritas Law Firm, we stand for employees. Your rights matter, and we protect them. If you’ve been injured while working remotely, we act quickly to secure your entitlements. From workers’ compensation claims to enforcing safety obligations, we give you the confidence to take action.

¹ Fair Work Commission, National Employment Standards, available at https://www.fwc.gov.au/work-conditions/minimum-wages-and-conditions/national-employment-standards

² Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91, available at https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SAET/2024/91.html