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Chris Jonot
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The nature of the work involved in your industry may impact your ability to access working from home arrangements, as well as how these arrangements are set up. If you are unsure how the information below applies to you, talk to your employer or contact your WHS regulator. 

The model WHS laws still apply if workers work somewhere other than their usual workplace, for example, from home.

To support you while working from home your employer, in consultation with you and your representatives should:

  • identify work health and safety risks and appropriate control measures
  • allow you to borrow any necessary work station equipment from the office to take to the home as agreed 
  • require you to familiarise yourself and comply with workplace policy and procedures, for example by having a workstation self-assessment checklist that includes how to set up your computer workstation. If you identify any issues or concerns when completing the checklist, you should discuss these with your employer
  • provide you with a health and safety checklist to use to ensure you have a safe work space
  • maintain regular communication with you and your co-workers 
  • provide access to information and support for mental health and wellbeing services (Beyondblue has a freely available website, or your employer may provide an employee assistance program (EAP) you can access), and
  • appoint a contact person in the business that you and your co-workers can talk to about any concerns related to working from home

Your employer must consult with you, other affected workers and any HSRs on working from home arrangements. 

You also have a duty as a worker to take care of your own health and safety and follow reasonable health and safety policies, procedures and instructions put in place by your employer. This may include:

  • following procedures about how the work is performed
  • following instructions on how to use the equipment provided by the workplace
  • maintaining a safe work environment (for example moving furniture to allow adequate workspace and providing adequate lighting, repairing broken steps)
  • keeping equipment safe, well maintained and in good order
  • looking after your own in-home safety (for example maintaining electrical equipment, keeping a first aid kit and installing and maintaining smoke alarms)

You must also advise your employer of any risks that you are aware of that arise from you home working environment. These risks could be physical risks, like poor lighting, or psychosocial risks, like long working hours, high work demands and reduced support from managers and colleagues. 

Any WHS issues raised with your employer must be resolved in accordance with the WHS issue resolution process in your workplace. Further information about consultation and dispute resolution can be found in the Model Code of Practice: WHS consultation, cooperation and coordination and the Worker Representation and Participation Guide.

Can I work from home during the COVID-19 pandemic?

The Prime Minister, the Hon Scott Morrison MP, has advised that workers should work from home wherever and whenever they can. You should also check the latest advice from official sources in your state or territory regarding working from home in response to COVID-19.

Whether working from home is a reasonably practicable measure at your workplace will depend on the specifics of the work you do, the facilities available for you to work remotely and the ability for you to do your work effectively and safely from home.

Under the model WHS laws, your employer has a duty of care for the health and safety of workers and others at your workplace. This duty extends to identifying and managing the risks of exposure to the COVID-19 virus and putting appropriate controls in place.  

If work can be completed at home, and the risks that arise from working remotely can be effectively managed, your employer may determine that encouraging or directing you to work from home is the best way to minimise the risk of exposure to COVID-19. 

In assessing whether you should be working from home, your employer must take into account that vulnerable people are, or are likely to be, at higher risk of serious illness if they contract COVID-19. Vulnerable people include: 

  • Aboriginal and Torres Strait Islander people 50 years and older with one or more chronic medical conditions
  • people 65 years and older with chronic medical conditions. Conditions included in the definition of ‘chronic medical conditions’ will be refined as more evidence emerges. 
  • people 70 years and older, and
  • people with compromised immune systems.

As public health conditions change, any working from home arrangement your employer put in place in response to COVID-19 may also vary. 

As with all work health and safety matters, employers must consult with you and any elected HSRs in relation to returning to the normal workplace.  

Mental health risks and working from home

The COVID-19 pandemic is a stressful and uncertain time for all Australians. Working from home, particularly for the first time, can create additional risks to psychological health.

The WHS duties apply to both physical and psychological (mental) health. This means that employers must, so far as is reasonably practicable, ensure the mental health of their workers and protect their workers from psychological risks. 

Working from home can have psychological risks that are different to the risks in an office or your regular workplace. A psychosocial hazard is anything in the design or management of work that causes stress. Some psychosocial hazards that may impact your mental health while working from home include:

  • being isolated from managers, colleagues and support networks
  • less support, for example workers may feel they don’t have the normal support they receive from their supervisor or manager
  • changes to work demand, for example the impacts of the COVID-19 pandemic and a move to working at home may create higher workloads for some workers and reduced workloads for others
  • low job control
  • fatigue
  • poor environmental conditions, for example an ergonomically unsound work station or high noise levels, and
  • poor organisational change management, for example workers may feel they haven’t been consulted about the changes to their work.

Working from home may also impact your mental health in other ways, such as from changed family demands. For example, home schooling children who are learning from home, relationship strain or family and domestic violence.

More information is available about managing mental health risks on the Safe Work Australia website.

How can I take care of my mental health while working from home?

The mental health of workers either directly or indirectly affected by COVID-19 is an important consideration. Some people may be struggling to deal with feelings of uncertainty, stress and anxiety, and others may be adjusting to self-isolation or working from home.

While self-isolation and working from home is an important measure that many workers and workplaces are taking to slow the spread of COVID-19, these measures can also lead to feelings of loneliness.

Workers have a duty to take reasonable care of their health and safety, including their psychological health and safety. Where possible, you must follow reasonable instructions from your employer on health and safety matters.

Some strategies that may help you to look after your mental health while working from home include:

  • keeping a routine, such as by having regular start and finish times and taking regular breaks
  • setting boundaries between your work and home life, for example setting aside a work area in part of your house, wearing ‘work clothes’ when you are working, discussing boundaries with the people you live with
  • taking care of your mental and physical health outside of work, such as by getting enough sleep, eating well, exercising regularly, staying connected to family and friends (in line with physical distancing requirements), spending time outside, reducing your alcohol intake
  • staying connected with your managers and co-workers, for example scheduling regular team meetings via phone, email or videoconferencing, and
  • identifying and minimising distractions in your home.

You should contact your employer if you start feeling stressed or that your mental health is being negatively impacted by your work from home arrangement. Your employer has a duty to ensure your psychological health just like your physical health while you are working so they need to be aware if something is stressing you or you have any concerns. 

Some organisations engage organisations to provide Employee Assistance Programs (EAP). If your organisation has an EAP it may be appropriate to contact them to discuss your situation. Your workplace EAP may be able to provide you with useful information and strategies to assist you. 

Further resources

Who is responsible for ensuring that I have a safe workstation set up when working from home?

Under the model WHS laws, employers have a duty of care for the health and safety of their workers and others at the workplace. This includes working from home arrangements.

Workers also have a duty to take care for their own health and safety, which includes while working from home, and must follow any reasonable policies or directions their employer gives them. 

This means employers and workers both share responsibility for ensuring a safe workstation set up. 

Employers should:

  • provide you with information on how to identify and address common risks associated with working from home. Information may include guidance on what is a safe home office environment, what a suitable computer station set up looks like with equipment available, and why keeping active when working from home is important for health and wellbeing
  • provide a workstation self-assessment checklist for you to complete, and
  • consider allowing you to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or reimburse them reasonable costs for purchasing any required equipment.

You must follow reasonable policies or directions of your employer. This may include completing workstation checklists and following any other reasonable safety policies and directions given to you by your employer. As with any other work environment, you must inform your employer of any work-related incidents or injuries that occur while working at home and you are encouraged to report health and safety concerns to your employer and HSR.

How do I set up a workstation at home?

When working from home, the model WHS laws still apply. Just as in the office, your workstation must be set up in a way that is safe, comfortable and easy to use. 

A workstation that is set up incorrectly can create poor postures leading to injury and eye strain. The length of time that you sit in these postures also adds to the risk for injury and health problems associated with long periods of sitting.

What you need to do to set up a safe workstation depends on the work you do, your environment and your individual needs. You have a duty to take care for your own health and safety while working from home and must follow any reasonable policies or directions your employer gives you about setting up your home-based workstation. You should also refer to any relevant advice from the WHS regulator in your state or territory.

If you have concerns about the safety of your home workstation set up, talk to your employer or your HSR. Your employer has a duty to manage any health and safety risks that arise out of your workstation set up, as far as is reasonably practicable.

You may find Safe Work Australia’s - How do I set up a workstation at home guide helpful. This resource includes a checklist of tasks and activities to consider when setting up your workstation.

Am I entitled to equipment to enable me to work safely from home? 

To make sure you have a safe workstation set-up, your employer may allow you to borrow equipment, such as chairs, monitors, keyboards and mouses, from the office or they may offer to reimburse you reasonable costs for purchasing any required equipment. 

You should discuss these options with your employer or consult your workplace policy about working from home. If you require equipment, you should discuss what equipment is needed with your employer to safely carry out your work. 

If your employer is unable to be satisfied that a safe workstation can be created at your home, it may not be reasonably practicable for you to work from home. In these circumstances, alternative arrangements may need to be made. This could include setting up a safe office space for you in the office and/or establishing flexible work hours to minimise contact between you and other workers in the office.

I am working from home and caring for, and educating, my school aged children who are unable to attend school. What can I do to ensure that I balance my work life, with my family life, and ensure that I take breaks and work reasonable hours? 

Good communication between employers and their workers is especially important when workers are working from home. You should ensure that you are aware of any working from home and carers policies that relate to your workplace including, for example, flexible work arrangements. You may also wish to discuss your entitlements to caring and other leave with your employer and flexibility in working hours where possible. Further information on leave entitlements is available on the Fair Work Ombudsman website. 

You may also find Comcare’s information sheet for parents and carers helpful.

I am finding working from home stressful and it is negatively impacting my mental health. What should I do and where can I find support?

Good communication with your employer and colleagues is especially important when you are working from home. You should share any concerns that you have about your working from home arrangement with your employer as they may be able to assist. 

Some organisations engage organisations to provide Employee Assistance Programs (EAP). If your organisation has an EAP it may be appropriate to contact them to discuss your situation. Your workplace EAP may be able to provide you with useful information and strategies to assist you. 

There are a range of resources available to workers to support worker’s mental health. These include:

There are also a number of other practical steps that can help. These include:

  • maintaining daily communication with colleagues
  • staying informed with information from official sources and sharing relevant information with other workers 
  • accessing flexible work arrangements, where available, and
  • effectively disengaging from work and logging off at the end of the day.

It is also open to you to discuss with your employer whether it is an option for you to return to your usual workplace. 

You can also call the National Coronavirus Helpline for information and advice about COVID-19 on 1800 020 080.

I have contracted COVID-19 while working from home, what should I do? 

If you have been found to have COVID-19 you must follow the health advice provided by your treating clinician and public health authority. You should also notify your employer of your circumstances as soon as practicable, even if you have been working from home. 

You will need to discuss personal leave arrangements with your employer, if necessary, and may be asked to inform your employer if you have been in contact with any other workers while you were infectious.

You must not return to the workplace until you provide advice that you are fit for work. If you have COVID-19 but are asymptomatic whether you can continue to work from home will be something to discuss with your treating clinician. Your employer will likely require that you provide medical certification to return to work, in accordance with the latest health requirements.

If you have not been confirmed as having contracted COVID-19, and rather you have been in quarantine for the required 14 days (due to contact with a confirmed case, or returning from overseas travel), you should not need to provide evidence that you have tested negative for COVID-19 in order to return to work, following the 14 day quarantine. 

When can I return to the workplace?

When you will be allowed to return the workplace will depend on current Government advice, including about physical distancing requirements at workplaces, and advice from your employer about when it is safe to do so. Your employer may implement measures to ensure a safe transition back to the workplace. This may include measures to maintain appropriate physical distancing, in line with the latest Government advice. 

If your workplace is open to access by workers, and you are having difficulties adjusting to working from home, you should consult with your employer about whether you can undertake work from your workplace. Whether this option is available for your workplace will depend on the physical distancing requirements for your workplace, as well as your workplace’s policy for managing workers to work from home or the office during COVID-19.  

I like working from home, can I keep doing it?

Whether you will need to return to your usual place of work after a period of working from home will depend on a number of factors, including any working from home policies that apply.

As public health conditions change, working from home arrangements made by your employer in response to COVID-19 may change. 

Your employer must consult with you about returning to the workplace and ensure return to work arrangements are consistent with public health requirements. Your employer must also consider the risks to workers when they return to their usual workplace and, in consultation with you and your representatives, how to eliminate and control those risks.

Beyond work health and safety considerations there are a range of flexible working arrangements that employers and workers can explore together that may suit their individual needs and circumstances. More information is available about workplace rights and responsibilities in relation to the COVID-19 virus on the Fair Work Ombudsmen Coronavirus and Australian Workplace Laws webpage. 

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