Since 7 April 2023, the Labour Code has regulated remote work. Many people work from home, fully or in part. BHP applies then too. This lesson shows who is responsible for what.
What remote work is
Remote work is regulated by Article 67¹⁸ and following of the Labour Code. It means doing work fully or partly at a place indicated by the employee and agreed with the employer, including at their home address, in particular using means of distance communication.
The detailed rules are set by the employer in an agreement, in rules (regulamin) or in another instrument provided for in the Labour Code. You need to know them, because things like costs and equipment depend on them.
BHP in remote work: Article 67³¹
As a rule, the employer fulfils towards a remote worker the duties set out in the BHP division. The rules exclude only some of them, because they cannot be carried out in a private home. A remote worker also takes periodic training, even where office workers are exempt from it (Article 67³¹ § 3). The most important rules:
- Remote work may not include, among other things, particularly dangerous work, work with hazardous chemical substances, biological agents or radioactive substances, or work that causes heavy soiling (Article 67³¹ § 4).
- The employer carries out an occupational risk assessment for remote work, paying particular attention to the eyes, the musculoskeletal system and psychosocial factors. It may prepare one for a group of similar workstations. On that basis it prepares information on BHP rules: how to set up the workstation, how to work safely, what to do after work and what to do in case of a breakdown or accident (§ 5).
- The employee confirms on paper or electronically that they have read the risk assessment and the information and will follow them (§ 6).
- The employee also makes a declaration that safe and hygienic conditions are provided at the place of remote work (§ 7).
The employee sets up the workstation themselves at home, taking ergonomics into account and following the employer's guidance (§ 8). The rules from the lesson on the monitor workstation apply to them: screen height, chair, breaks every hour.
Tools and costs
The employer provides the remote worker with the materials and tools needed for the work and covers its costs (Article 67²⁴), for example electricity and telecommunications services, under rules agreed in the company. It is worth checking what applies at your own employer.
Safety at home
- Use appliances that are in good working order and do not overload the socket.
- Lay cables outside the walkway.
- Make sure the lighting does not cause reflections on the screen.
- Keep the number 112 to hand and know where the first aid kit is.
- Set working hours and breaks at home, so that work does not spill over into the whole day.
An accident during remote work
An accident during remote work is the same kind of event as in the office, if it meets the definition in the accident insurance act. The employee reports it to the employer without delay. The accident investigation team carries out an inspection of the place on a date agreed with the employee or a member of the household. It may dispense with the inspection if there is no doubt about the circumstances and causes of the accident (Article 67³¹ § 10). The findings are made under the same rules as in the office.
Data protection and rules
Besides BHP, remember to protect company data: lock your screen, do not work on someone else's computer and use a secured network. The details are set by the employer.
Summary
- Remote work: Article 67¹⁸ and following. BHP applies in the same way as in the office.
- The employer carries out the risk assessment and provides information on BHP rules (Article 67³¹), and the employee confirms it.
- The employer provides tools and covers costs (Article 67²⁴).
- An accident is reported without delay.