The gap in occupational safety and health protections for at-home employees

Problem

At-home work is an enduring post-COVID reality, with 22% of employed people in the EU usually or occasionally working from home in 2023. The problem is that occupational safety and health (OSH) laws, and privacy and surveillance laws, were designed for traditional in-person workplaces. They are not designed to adequately address the social protections of home-based employees.

Results

In practice, employers of home-based workers are unable to fulfil OSH duties in the same way as they can for traditional work. Risk assessments of work environments can clash with employees’ right to privacy at home, leaving employers with a remote ‘checklist approach’ to confirm safe home environments. When accidents occur, it is unclear if employers are responsible, which can lead to extended court cases or lack of access to rights. Employee privacy of at-home employees is also problematic, with constant digital monitoring for most jobs. Further, it is unclear who should bear the costs of remote work, a topic of evolving legislation across Europe. These conditions have increased employee responsibility for OSH and for expenses of work.

Lessons

OHS laws have not caught up with the fast-changing technological medium of at-home workplaces. Legal updates are needed to clarify the social protection rights of at-home employees.

Key messages

• Occupational safety and health laws were designed for traditional in-person workplaces and do not adequately address the social protections of home-based employees.

• Legal updates are needed to clarify the social protection rights of at-home employees.