Ergonomics and Desk Equipment in Work From Home Setups
When employees work from home (WFH), New Zealand employment law, particularly health and safety legislation, continues to apply. Employers, known as a Person Conducting a Business or Undertaking (PCBU), have ongoing duties to ensure the health and safety of their workers, regardless of where the work is performed.
The Health and Safety at Work Act 2015
The primary legislation governing health and safety in New Zealand workplaces is the Health and Safety at Work Act 2015 (HSWA). This Act places duties on PCBUs to manage risks to health and safety.
A Person Conducting a Business or Undertaking (PCBU) is an individual or organisation that conducts a business or undertaking. In most employment contexts, the employer is the PCBU [Source: Health and Safety at Work Act 2015, s 17]. A worker is broadly defined and includes employees, contractors, and volunteers [Source: Health and Safety at Work Act 2015, s 19].
PCBU Duties for Work From Home
A PCBU has a primary duty to ensure, so far as is reasonably practicable, the health and safety of their workers [Source: Health and Safety at Work Act 2015, s 36(1)].
Reasonably practicable means that which is, or was at a particular time, reasonably able to be done to ensure health and safety, taking into account and weighing up all relevant matters. These matters include the likelihood and degree of harm, the availability and suitability of ways to eliminate or minimise the risk, and the cost associated with those measures [Source: Health and Safety at Work Act 2015, s 22].
A worker's home can be considered a workplace if work is carried out there or is customarily carried out there for the business or undertaking [Source: Health and Safety at Work Act 2015, s 20]. Therefore, the PCBU's health and safety duties extend to home-based work environments.
Ergonomics and Risk Management
Ergonomics is the study of how people interact with their work environment and aims to design workplaces, products, and systems that fit the people who use them. This includes factors such as workstation setup, seating, lighting, and equipment to prevent injury and promote comfort.
PCBUs must eliminate risks to health and safety so far as is reasonably practicable. If it is not reasonably practicable to eliminate risks, those risks must be minimised so far as is reasonably practicable [Source: Health and Safety at Work Act 2015, s 30]. For WFH setups, this involves identifying and addressing ergonomic hazards. This could include risks associated with unsuitable chairs, desks, monitors, or other equipment that could lead to musculoskeletal injuries or discomfort.
Worker Duties
Workers also have duties under HSWA. A worker must take reasonable care of their own health and safety and ensure their actions do not adversely affect the health and safety of others. They must also comply, so far as they are reasonably able, with any reasonable instruction given by the PCBU [Source: Health and Safety at Work Act 2015, s 45]. This includes following health and safety policies and using equipment safely.
Who Pays for WFH Equipment?
The Health and Safety at Work Act 2015 does not explicitly state that a PCBU must 'pay for' specific equipment for a worker's home. However, it places a primary duty on the PCBU to ensure, so far as is reasonably practicable, the health and safety of workers [Source: Health and Safety at Work Act 2015, s 36(1)]. If certain ergonomic equipment is necessary to eliminate or minimise risks to a worker's health and safety in a home-based work environment, then the PCBU has a duty to ensure that the risks are managed. This may involve the PCBU providing or contributing to the cost of appropriate equipment [Source: Health and Safety at Work Act 2015, s 36(2)].
The specific arrangements for the provision or cost of WFH equipment are often detailed within individual employment agreements, negotiated between the employer and employee.
Good Faith Obligations
The principle of good faith is a fundamental aspect of all employment relationships in New Zealand. It requires employers and employees to be active and constructive in their employment relationships, to be responsive and communicative, and not to mislead or deceive each other [Source: Employment Relations Act 2000, s 4].
When establishing or reviewing WFH arrangements, both parties are expected to deal with each other in good faith regarding equipment needs, health and safety assessments, and any related costs. This means open communication and constructive discussions about creating a safe and appropriate home workspace.
When to Seek Independent Legal Advice
Navigating specific employment situations, particularly those involving health and safety duties, WFH arrangements, or disputes over equipment provision, can be complex. Individuals or organisations seeking to understand their specific rights, obligations, or next steps in a particular circumstance are encouraged to contact WorkSafe New Zealand, Employment New Zealand, or their nearest Community Law Centres for free legal information or guidance.