CASUAL LEGAL: Employees Working from Home – Issues to Consider

Employees Working from Home – Issues to Consider

By Anthony Purgas

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

Over the course of the past year, a significant number of employees have been working remotely, usually from home. As things have developed, it has become clear that such employees may continue for some time, perhaps even indefinitely.

There are a number of legal issues that arise with working from home, which is also known as working remotely or telecommuting. Several significant issues arise with telecommuting that all employers need to be aware of. A few of those issues are set out below.

First, employers should be aware that the Occupational Health and Safety Act continues to apply to workers who are working from home. As a result, the employer has an obligation to ensure, as far as it is reasonably practicable, the health and safety of their workers. In some circumstances, this may require an inspection of the employee’s home office or remote workplace to identify and mitigate any potential hazards. Also Occupational Health and Safety Code has specific requirements for workers working alone, including maintaining regular contact and ensuring the employee has effective means of being in contact with the employer.

Second, an employee working from home under a regular arrangement (as opposed to an employee occasionally bringing work home) is covered under workers’ compensation. As a result, injuries or illnesses suffered by the employee while working remotely (which can include travel to and from the home office) must be reported to the Workers Compensation Board, unless such injury or illness is clearly not related to the employee’s work.

Third, employers often want to monitor the work and productivity of their workers, particularly when they are not seeing those workers regularly. Although there are many technological methods to do so, any such actions must take into account the privacy of the employees and the employer’s obligations under the applicable privacy legislation. Monitoring methods can include tracking software installed on the employee’s computer; however, if it is being used, a preliminary assessment should be done to justify its use and ensure it only collects as much information as necessary for the employer to properly govern its workplace.

Due to the potential issues that arise with employees working from home, we strongly recommend employers adopt a remote workplace policy and, in appropriate circumstances, have employees sign agreements specifically relating to their remote working situation.

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca, or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.