In connection with remote work, the employee’s contribution to ensuring the quality of the work environment is particularly important because the employer does not have the right to inspect working conditions in the employee’s home. In dialogue with the employee, the employer (perhaps with the assistance of the work environment group) must ensure that the employee’s remote work is planned and organised so as to ensure safe and healthy working conditions.
In relation to home workstations, working in front of a computer is a particular focus of concern, as this is the most common form of remote work.
If the employee works from home to a lesser extent, the occupational health and safety legislation does not set out requirements regarding the layout/design of the home workstation pursuant to the ministerial order on computer work stations.
If the employee works in front of a computer at home to such an extent that conditions are governed by the computer workstation ministerial order, cf. above, the following rules apply:
As a rule, the employer bears any costs related to the required furnishings and equipment for the home workstation and for transporting the equipment to the employee’s home. The employee may already posses the equipment and furnishings necessary for the performance of remote work in a safe and healthy manner. However, it may be necessary for the employer to supplement the employee’s equipment and furnishings.
If the employee does not work remotely to the extent that their working conditions are governed by the special rules regarding working in front of a computer, and the employee wishes to work from home, the employer may require as a condition for remote work that the employee already has the required furnishings and equipment at home or that the employee transports the required furnishings and equipment to and from the permanent workstation.
In connection with the establishment of home workstations, it must be agreed locally in the local occupational health and safety committees how to establish a home workstation in the best possible way. At the same time, it must also be agreed how the home workstations should be included in the unit’s occupational health and safety initiatives in the future.
Subsequently, the agreement should be regularly taken up for review and evaluation.
Working environment legislation also applies to home working - and when working from home to a lesser extent - but there are a number of specific exceptions to the working environment regulations.
In addition, the requirements of the working environment legislation for the performance of work, the psychological working environment, the use of technical aids and work with substances and materials, etc., also apply to home working.
If the employee works from home no more than 2 days a week on average over a period of one month, the working environment legislation does not impose requirements for furnishings, cf. the Screen Executive Order.
When employees work for their employer in their own home, they are covered by the Workers' Compensation Act.
Should accidents occur when working from home, it is required that a causal connection between the accident and employment can be made probable.
The decisive factor is whether the injured person's behavior was determined by the employment relationship or not. That is, whether the injured person was employed in a way that can be defined as working in the employer's interest when the injury occurred.