Place of employment – Private home – Responsibilities of Employers Legislative Interpretations

Topic: Place of employment – Private home – Responsibilities of Employers Issued by: Compliance and Regulatory Review
Statute: Occupational Health and Safety Act Date Issued: March 11, 2021
Section: 3(1) Date Revised:

Question:
I have employees working from their homes. What is my responsibility as an employer to ensure their homes are safe and that employees work safely (Do I need to conduct a monthly inspection at their house, ensure they have ergonomic desk, etc.?)

 

Answer:
The Act does not apply to a private home in these circumstances. As such, you aren’t responsible for establishing an inspection procedure or an ergonomically designed workstation for your employees. While the Act excludes private homes and their premises from being considered a place of employment under these circumstances, an employee who works from home remains your employee and if an injury occurs during the working hours at their home, it may be compensable. As a result, helping your employees establish good ergonomic practices and other health and safety measures would minimize the risk of injuries.  

WorkSafeNB has established guidelines to help employers and their employees set up a safe home-based work space:

Referenced legislation
3(1) This Act does not apply to a place of employment that is a private home unless the work that is carried on has been contracted to the employer of one or more persons employed at that private home.

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