Do Australian WHS laws apply when employees work from home?

Yes. Under Australian work health and safety (WHS) laws, a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers while they are at work. This duty includes situations where workers are working from home.

Safe Work Australia states that WHS duties apply even if workers request to work from home, or if they are working from home due to external factors.

This article explains the legal foundation and practical implications for Australian organisations. It provides general information only and is not legal advice.

Why WHS obligations can extend to working from home

The model Work Health and Safety Act defines a workplace as a place where work is carried out for a business or undertaking. It includes any place where a worker goes, or is likely to be, while at work.

The WHS concept of a workplace can therefore extend to a worker’s home where work is being carried out. The duty relates to the work being performed and to risks arising from or connected with that work. It does not mean the entire private residence permanently becomes an employer-controlled workplace.

Safe Work Australia confirms that a PCBU must manage health and safety risks to workers when they are working from home.

Western Australian guidance from WorkSafe WA likewise states that, regardless of the arrangement, both the PCBU and the worker have responsibilities to ensure the work is done safely.

Victoria operates under the Occupational Health and Safety Act 2004 rather than the model WHS laws. WorkSafe Victoria guidance confirms that employers must manage risks to health and safety that may arise when employees work from home, so far as is reasonably practicable.

What a PCBU’s duty means in practice

Under the model WHS framework, a PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers while they are at work. This includes eliminating or minimising risks to both physical and psychological health.

Safe Work Australia guidance for PCBUs explains that organisations must:

- manage health and safety risks when workers are working from home

- consult workers, and health and safety representatives if they have them, about health and safety issues that may affect them

- use a systematic risk-management process of identifying hazards, assessing risks, controlling risks and reviewing controls

Safe Work Australia also states that if a PCBU cannot meet its WHS duties, it must not require, or agree to, workers working from home in that arrangement.

What “reasonably practicable” means

“Reasonably practicable” is a core concept in Australian WHS law. It requires a PCBU to consider the likelihood and degree of possible harm, and the availability, suitability and cost of ways to eliminate or minimise the risk.

In a home setting the practical application of this standard differs from a conventional office. A PCBU does not control the entire domestic environment. Controls must still be considered and implemented where they are reasonably practicable in the circumstances of the work and the residual risk.

Does it matter who requested the work-from-home arrangement?

No. Safe Work Australia is explicit that WHS duties apply even if workers request to work from home, even if the arrangement is temporary or part-time, and even if it was put in place because of external factors.

The duty is triggered by the performance of work, not by who initiated the arrangement.

What risks should organisations consider?

Safe Work Australia identifies common hazards that workers may be exposed to when working from home. These include:

- poor workstation set-up

- poor working environment (including noise, temperature and electrical safety)

- sedentary work

- trip and slip hazards

- psychosocial hazards such as high or low job demands, low support, isolation, fatigue and online abuse

- inadequate facilities

- difficulty obtaining help from others

Electrical safety is one example of a physical hazard that can arise in a residential environment. Organisations should consider whether the nature of the work and the competence of the worker to identify related risks make further assurance appropriate in particular cases.

Psychosocial risks associated with remote or isolated work are also recognised under the model WHS Regulations.

How should risks be assessed?

WHS law requires risks to be managed so far as is reasonably practicable. The appropriate method of assessment and control depends on the circumstances, the nature of the work, and the residual risk.

This does not mean every home automatically requires a physical inspection by the employer or a third party. In many situations consultation, information, guidance, self-assessment tools and ongoing communication will form a substantial part of the approach. Where particular hazards cannot be adequately assessed by the worker, or where residual risk remains significant, additional verification may be warranted.

Self-assessment tools are useful, but they have limits. Workers may not always have the technical knowledge to identify certain hazards. Organisations should consider the competence of the person completing any assessment and the nature of the residual risk.

What evidence is useful to retain?

Good governance practice includes retaining records that show the organisation has considered the risks and taken reasonably practicable steps. Depending on the circumstances, this may include:

- evidence of consultation with workers

- completed risk assessments or checklists

- information and training provided to workers

- actions taken to address identified issues

- arrangements for reporting hazards, incidents and changes in circumstances

These items are presented as good practice. The specific records that are appropriate will depend on the nature of the work, the residual risk and the jurisdiction.

Practical next steps

1. Confirm the WHS position that applies in your jurisdiction.

2. Consult with workers about existing or proposed work-from-home arrangements.

3. Identify the main physical and psychosocial hazards relevant to the work.

4. Decide what controls are reasonably practicable in the circumstances.

5. Provide clear information and a simple way for workers to report problems.

6. Review arrangements periodically and when circumstances change.

7. Consider whether higher-consequence hazards require assurance beyond self-assessment.

Sources and further reading

- Safe Work Australia — Working from home: WHS duties

- Safe Work Australia — PCBU information sheet: Working from home

- Safe Work Australia — Working from home checklist

- Model Work Health and Safety Act — section 8 (meaning of workplace) and section 19 (primary duty)

- Model Work Health and Safety Regulations — regulation 48 (remote or isolated work)

- WorkSafe WA — Working from home

- WorkSafe Victoria — Office health and safety: Working from home

Disclaimer

This article provides general information about Australian work health and safety principles. It is not legal advice. WHS requirements vary according to jurisdiction and the specific circumstances of each organisation and worker. Organisations should obtain advice appropriate to their situation from a qualified professional or their WHS regulator.

Author: Home Shored Services