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ARTICLE · 05 NOVEMBER 2020

Working From Home: Occupational Health And Safety Implications

Employers should consider reasonable steps to ensure the health and safety of workers that work from home in both types of jurisdictions.

CanadaEmployment and HR

Work from home, for many of us, has become the "new normal", as part of the effort to slow the progression of COVID-19 through physical distancing. The new "working-from-home economy", which is likely to continue long past the pandemic, has also brought forth new health and safety challenges for employers.

In many jurisdictions, employers should understand that an employee's home may be considered an extension of the workplace, if the home is where the employee is engaged in work for his or her employer. In those jurisdictions, requirements and duties set out in occupational health and safety statutes may apply, including general duty clauses, which require employers to take every reasonable precaution for the protection of workers. In other jurisdictions, like Ontario, the answer is less clear. In Ontario, the definition of a "workplace" is broad enough to cover a worker working at home. However, the Occupational Health and Safety Act of Ontario (OHSA) states it

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