Due to the coronavirus pandemic, more and more employees are working from home. For some, this will remain the case in the future, as many employees have taken a liking to this new way of working. Occupational health and safety is just as important when working from home as it is when working in an office. However, there are some special features to consider here.
The most important facts in brief
✓ Teleworking takes place at a fixed location and at fixed times (typically from home), while mobile work is more flexible and can take place in different locations.
✓ A risk assessment in accordance with § 5 ArbSchG is also necessary in the home office, regardless of whether it is teleworking or mobile work.
✓ Ergonomic workplace design (e.g. correct seat height, screen position), as well as sufficient lighting and ventilation are important measures for preventing health complaints.
Difference between teleworking and mobile working
In order to clarify the legal issues relating to occupational health and safety, a distinction must first be made between teleworking and mobile working, as this results in different legal requirements for occupational health and safety. Mobile working and teleworking differ primarily in terms of place and time of work.
Teleworking
Teleworking takes place at a fixed location and at a fixed time. As a rule, the employee works from home on a permanent basis - in other words, it is a classic remote job.
The Workplace Ordinance, which stipulates what the employer must observe when setting up and operating workplaces with regard to the safety and health protection of employees, only applies to teleworking. In this case, it is therefore the employer who is responsible for setting up the workplace and therefore also bears the costs.
A home workplace is only officially considered a workplace once the employer and employee have agreed on the conditions of teleworking in a corresponding contract or agreement. Once this has been done, the employer must ensure that the necessary equipment for the teleworking workplace is available at the start of employment.
Teleworking workstations are therefore usually equipped in the same way as company office workstations. Employers should inform themselves accordingly and classify correctly whether they are dealing with mobile working or teleworking. This is the only way to comply with legal obligations.
When working from home, the workstation should be designed as ergonomically as possible. This means that the screen should be at eye level, there should be enough storage space and the lighting should be right. It is also important that the workplace is not too cluttered and offers enough space to relax.
The issue of safety is also important. To meet the requirements for a safe office workstation, for example, the furniture should be firmly attached to the floor to prevent it from tipping over.
Mobile work
With mobile work, the employee is more flexible, he or she can do his or her work regardless of time and place - this can be at home, but also in a café, for example. The classic home office, which is used either temporarily or on individual days of the week, is therefore classified as mobile work.
Mobile workstations in the classic home office do not have to meet the high demands placed on teleworking workstations - for example, people often work on a kitchen chair instead of an ergonomic chair.
What legal requirements for occupational health and safety must be met for both mobile and teleworking?
Nevertheless, there are some requirements that the employer must generally observe, regardless of whether it is a teleworking or mobile workplace.
According to...
- The company is obliged to ensure the health and safety of its employees in accordance with § 3 of the Occupational Health and Safety Act (ArbSchG).
- Section 5 of the German Occupational Health and Safety Act (ArbSchG) . These two paragraphs make it clear that the employer is responsible for the health and safety of their employees when carrying out their work, just like in a conventional office.
- § 12 ArbSchG on working in a mobile office. This makes safety training necessary both for employees in the office and for work outside the office. This can also be done online.
- Working Hours Act on working hours, breaks, etc. Mobile office workers therefore have the same rights and obligations as all other employees. This means, for example, that they are entitled to continued remuneration if they are ill, have the same working time regulations and are entitled to the same breaks.
Accordingly, employees working from home may not work more than six hours a day and a maximum of 30 hours a week with VDU work if they do not have a break of at least half an hour. Furthermore, the maximum permitted daily working time may not be exceeded. This applies to both teleworking and mobile working.
Tips for a safe and healthy workplace when working from home
1. design your workplace ergonomically.
To ensure that you can work as effectively as possible and without risk, you should design your workstation ergonomically.
- The seat height should be adjusted to your height. Information on choosing a suitable ergonomic chair can be found in a publication by the German Social Accident Insurance.
- The monitor should be in a straight line at eye level and at least one arm's length away.
- The keyboard and mouse pad should be within easy reach and level with the elbows and palms.
- There should be enough space for the legs and they should be firmly on the floor. A footstool, for example, is easy on the back.
2 Also make sure there is sufficient lighting and ventilation.
Lighting and ventilation play an important role in the home office. Well-lit workspaces create a pleasant atmosphere and help people to concentrate. It is also important that the home office is sufficiently ventilated to reduce pollutants. When selecting lamps, care should be taken to ensure that they are glare-free and illuminate the entire work area well. A light source that shines evenly from all sides is ideal. When it comes to ventilation, you should ensure the correct air circulation. It is best to let fresh air in from time to time by opening the windows, but a good ventilation system is also recommended. It should be cleaned regularly to prevent mold growth.
3. make sure you get enough exercise and take breaks from sitting.
Normally, the journey to work or even short distances in the office, such as going to the photocopier, are short breaks from sitting. These prevent typical office ailments such as back pain or neck tension. When working at home, it is therefore particularly important to ensure that you get enough exercise. This not only protects your health, but also promotes concentration and is an outlet for relieving stress.
Conclusion
Working from anywhere gives many employees a greater degree of freedom and flexibility. However, this also comes with more personal responsibility to ensure a safe and healthy workplace. Nevertheless, it is the employer who is ultimately responsible for occupational health and safety, for example by drawing up a risk assessment or providing safety training. They must therefore ensure that the appropriate safety precautions are taken to guarantee a safe workplace. The extent of the responsibility here depends on whether the workplace is a teleworking or mobile workplace - in the case of mobile work, the employee(s) have a significantly higher degree of personal responsibility and must set up their workplace themselves in such a way that it is health-protective. In the case of a teleworking workplace, the employer is responsible for the workplace in accordance with occupational health and safety regulations.
In summary, it can therefore be said that working from home does not release employers from their obligations to ensure the safety and health of their employees when carrying out their work - however, due to the difficulty of monitoring, the cooperation of employees in the home office is more important than ever.
