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  1. #1

    Question re working from home and employer's WHS responsbility

    Hi everyone,

    I understand that an employer is responsible for WHS when a formal arrangement exists for an employee too work from home, but what about informal situations where an employee regularly works from home? I am thinking particularly about teachers.

    I don't know how the State education system work, but I know in private schools there is an unwritten expectation that teachers will do work at home, such as marking, curriculum preparation and writing reports. Doing some or all of this at home is the only way many teachers can actually complete their work.

    I suspect most schools are careful not to formally require their staff to do this, but they all know it happens. At certain times of year teachers will be doing an extra 10-20 hours per week at home.

    My question is, are the employers (schools), legally responsible for the health and safety of the teaching staff working from home in such circumstances?

  2. #2
    Join Date
    Dec 2012
    Location
    carrum downs Victoria, Australia
    Posts
    46

    Moz

    Quote Originally Posted by Moz View Post
    Hi everyone,

    I understand that an employer is responsible for WHS when a formal arrangement exists for an employee too work from home, but what about informal situations where an employee regularly works from home? I am thinking particularly about teachers.

    I don't know how the State education system work, but I know in private schools there is an unwritten expectation that teachers will do work at home, such as marking, curriculum preparation and writing reports. Doing some or all of this at home is the only way many teachers can actually complete their work.

    I suspect most schools are careful not to formally require their staff to do this, but they all know it happens. At certain times of year teachers will be doing an extra 10-20 hours per week at home.

    My question is, are the employers (schools), legally responsible for the health and safety of the teaching staff working from home in such circumstances?

  3. #3
    Join Date
    Dec 2012
    Location
    carrum downs Victoria, Australia
    Posts
    46
    Moz - an interesting one and I think you may need Legal advice. My understanding is that if a formal arrangement is in place and a person works from home in line with this arrangement then the WHS / OHS may apply. If a person decides to work from home without the employers permission then the Acts would not apply. The question then comes down to "did the employee seek permission"and what was the Employers response.

    This would be a good one for the Teachers Federation to respond to.

    Tracker

  4. #4
    Thanks Tracker. I should point out that this isn't about a injury claim, it's just something I am interested in because my partner is a teacher.

  5. #5
    Join Date
    Dec 2012
    Location
    carrum downs Victoria, Australia
    Posts
    46
    Quote Originally Posted by Moz View Post
    Thanks Tracker. I should point out that this isn't about a injury claim, it's just something I am interested in because my partner is a teacher.

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