Human resources expert weighs in on employers’ OSHA responsibilities for WFH employees
With coronavirus cases spiking across the country, many employers have slowed down or stopped their plans to have employees return to the office. As millions of Americans are now working from home, it’s important for employers to consider their OSHA responsibilities for telecommuting workers.
“Telecommuting injuries are still a bit of a gray area, but you may be held responsible for injuries your employees incur at home if they are performing company duties at the time of the injury, or if they can otherwise prove that their work led to their injury,” says Rob Wilson, President of Employco USA, an employment solutions firm with locations across the country.
Wilson says that OSHA used to take a firmer stance on work-at-home accidents and injuries, but in recent years they have revised their policies to say that an employer is not liable for the condition of an employee’s home office. However, Wilson notes that there have been cases where employers have been responsible for injuries that occurred while an employee was engaged in company business at home.
“Right now, employees are facing increased stress and exhaustion as a result of the pandemic. People are sleeping less, not going to the gym, and struggling to juggle childcare and career duties. It’s the perfect storm when it comes to the potential for injury. In fact, according to the American Chiropractic Association, 90% of survey respondents say that they are having increased pain as a result of working from home during the pandemic. This includes everything from back pain to carpal tunnel syndrome to other overuse injuries.”
Wilson says these injuries could lead to a workers’ compensation claim, and that employers should do everything they can to head off potential disasters.
“There are many complaints from remote workers right now that employers are not respecting their time off, such as by texting or emailing at all hours, overloading their staff with even more work than they had pre-pandemic,” says Wilson. “If an overuse injury occurs and a worker can highlight undue stress or strain placed on them by an employer, this would really bulk up their workers’ comp claim and put you in hot water.”
In addition to potential injury, Wilson says employers also need to be careful when it comes to reimbursing employees for added costs incurred from working at home. “Some employees are reporting that they have spent hundreds of dollars on things like office chairs, desks, faster internet, headphones, and other necessities for working from home. Even home energy bills are on the rise. In many states, employers have a liability to help cover these costs if they are for company duties.”
It’s crucial for human resource managers and employers to review all of these potential areas of concern, and to make sure that supervisors are adequately trained in regards to managing remote staff.
“You have to cover all the bases. Most importantly, if you’re going to have employees working from home, you need to ensure that your insurance properly covers you in the event that one of your workers is injured,” says Wilson. “You also need to be sure that you have a clearly detailed company policy regarding work-from-home activities and expectations, including cybersecurity measures, and that your employees sign off on the receipt of said policy.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.