What is telecommuting?

In the framework of remote work, the employee performs his work regularly, in a place separate from the employer's premises - typically at his residence - using computing devices, and transmits the results electronically.

Telecommuting must be agreed upon in the employment contract.

Pursuant to Section 2 (2) of the Occupational Safety and Health Act, creating the conditions for safe and health-free work is the employer's responsibility, including in the case of remote work, which is not affected by the employees' occupational health and safety obligations.

Work tools used during remote work

In general, at the employer's premises, employees perform their work tasks with their own/rented work equipment provided by the employer, however, in the case of remote work, the Occupational Safety and Health Act and the Labor Code provide the possibility for the parties to agree that the work equipment necessary for the performance of the work task is provided by the employee himself ensure.

During telecommuting, it is easy to limit what work tools the employee can provide for himself. However, the employer is not exempted from the objective responsibility stipulated in the Occupational Safety and Health Act by signing an agreement with the employee. i.e. you must make sure that the work equipment purchased or used by the employee meets the requirement of safe work that does not endanger health, because that's the only way he can fulfill his legal obligations.

Location of teleworking

If the employer and the employee agree that the employee regularly performs his work in his own home or in another specific place of his choice, info communication or computing device, then the place where this activity is carried out is considered the workplace, regardless of whether it is not the employer's seat or location, or whether it is not under the direct or indirect control of the employer.

In our opinion, if teleworking takes place at the employee's home, not the entire apartment is considered a workplace, only the approx. 2-4 m2 area where the work table, work chair, computer, filing cabinet, etc. is placed.

For teleworking Based on the Occupational Safety and Health Act, the employer must make sure in advance that the workplace is properly designed from an occupational health and safety point of view, and must also carry out a risk assessment. Among other things, the room must be properly ventilated, heated, equipped with natural and artificial lighting, and the work tools must meet the conditions for safe, health-free work.

In view of the fact that the Occupational Health and Safety Act does not state that in the case of remote work, the inspection of working conditions can only be carried out as part of an on-site inspection, the completion of a checklist by the employee and the documentation of the remote workplace with photographs may be sufficient for the occupational safety specialist to assess the adequacy of the working conditions. . Based on the analysis of documents (e.g. the contact protection protocol of the apartment used as a workplace, the user manual of the computer technology device), photos, and the information provided by the employee, the employer can classify the workplace as adequate from an occupational safety point of view.

Risk assessment

Without an assessment of the risks, the employer is not in a position to make a well-founded decision as to whether he can enter into a teleworking agreement with the employee, because - as explained above - he must make sure in advance that the regular, chosen by the employee the place of work, as well as the work tools used - whether provided by the employer or the employee - meet the requirements of safe work that does not endanger health.

However, as we have already explained previously regarding the place of remote work, the remote worker can also be involved in the risk assessment activity, so the risk assessment can be carried out even by means of a checklist prepared in advance and filled out and signed by the employee, as well as by documenting the remote work place with photographs, but of course, the evaluation can only take place within the framework of occupational safety and occupational health.

OSH education

Given the special nature of remote working, it is also particularly important for the employer, based on the results of the risk assessment, to address the dangers that arise during remote working and draw attention to the importance of cooperation during the employee's occupational safety training, even before starting work.

Prepared on the basis of information issued by the Department of Labor Supervision and the Department of Labor Market Regulation!

Source: ommf.gov.hu

Featured image source: Pixabay