Employers in New Zealand retain health and safety duties towards their employees, even when those employees are working from their own homes. The primary legislation governing these duties is the Health and Safety at Work Act 2015 (HSWA).
Employer Health and Safety Duties
- Primary Duty of Care: A person conducting a business or undertaking (PCBU), which is typically an employer, has a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU [Source: Health and Safety at Work Act 2015, s 36(1)]. This duty applies to workers while they are at work, which includes working from home. "Reasonably practicable" means what a PCBU can reasonably do in the circumstances, taking into account factors such as the likelihood and degree of harm, knowledge about hazards and risks, and the availability and suitability of ways to eliminate or minimise risks [Source: Health and Safety at Work Act 2015, s 22].
- Extending to the Home Environment: The employer's duty extends to the home as a place where work is carried out. This means the home environment, when used for work, is considered a "workplace" for health and safety purposes [Source: Health and Safety at Work Act 2015, s 20]. The PCBU must manage risks associated with working from home.
- Identifying and Managing Hazards and Risks: PCBUs must identify foreseeable hazards arising from the work being carried out and manage risks associated with those hazards [Source: Health and Safety at Work Act 2015, s 36(3)]. For working from home, this might include ergonomic risks (e.g., from computer setup), psychological risks (e.g., isolation, work-life balance), and ensuring the physical workspace is safe. A "hazard" is anything that could harm a person [Source: Health and Safety at Work Act 2015, s 16A]. A "risk" is the possibility that harm will occur when exposed to a hazard [Source: Health and Safety at Work Act 2015, s 16A].
- Consultation with Workers: PCBUs must, so far as is reasonably practicable, consult with workers who are likely to be directly affected by a health and safety matter [Source: Health and Safety at Work Act 2015, s 49(1)]. This includes consulting about the arrangements for working from home and any associated risks. Consultation must be about identifying hazards, assessing risks, making decisions about control measures, and monitoring the health of workers [Source: Health and Safety at Work Act 2015, s 58].
- Providing and Maintaining Safe Equipment: Employers have a duty to provide and maintain safe plant (equipment) and structures [Source: Health and Safety at Work Act 2015, s 36(2)(c)]. This includes equipment provided for use at home, such as computers, chairs, and desks.
- Information, Training, Instruction, or Supervision: PCBUs must provide workers with information, training, instruction, or supervision necessary to protect all persons from risks to their health and safety arising from work [Source: Health and Safety at Work Act 2015, s 36(2)(f)]. This would include training on ergonomic setup for home offices, managing work-life balance, and reporting health and safety concerns.
- Monitoring Worker Health and Work Conditions: PCBUs must, so far as is reasonably practicable, monitor the health of workers and the conditions at the workplace for the purpose of preventing illness or injury [Source: Health and Safety at Work Act 2015, s 36(2)(e)]. While privacy in a home setting is important, employers may still need to periodically check in on the working conditions.
Worker Health and Safety Duties
Workers also have duties under the HSWA. A worker must take reasonable care for their own health and safety, and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons [Source: Health and Safety at Work Act 2015, s 45(a) and s 45(b)]. 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(c)], and cooperate with any reasonable policy or procedure relating to health or safety at the workplace [Source: Health and Safety at Work Act 2015, s 45(d)].
Role of the Employment Relations Act 2000
While the Health and Safety at Work Act 2015 is the primary legislation for health and safety, the Employment Relations Act 2000 underpins the employment relationship. Employers and employees must deal with each other in good faith [Source: Employment Relations Act 2000, s 4]. This obligation of good faith extends to discussions and agreements about working from home arrangements, including health and safety aspects.
When to Seek Independent Legal Advice
Individuals or organisations seeking to understand specific obligations or rights regarding working from home health and safety, or facing a dispute, should consult with an independent legal professional or a relevant official body. They may also contact a Community Law Centre for free legal assistance related to employment law.