Working from home and occupational safety duties: who bears which responsibilities?

The increasing prevalence of homeworking and hybrid working models raises a central question for companies: who is responsible for occupational safety when employees work from home rather than in a traditional office?

Legally, the employer remains responsible even when employees work from home, although the options for practical supervision and implementation shift.

The basic principle is that occupational safety duties do not end at an employee’s front door.

Occupational safety when working from home: the basic allocation of responsibility

Employers are also required to protect the safety and health of employees working from home.

The principal legal basis for this is the German Occupational Safety Act (ArbSchG). It requires employers to assess working conditions and implement suitable protective measures.

In practice, however, this does not mean that companies must or may fully inspect their employees’ private homes. Legal and data protection limits apply here.

Instead, employers must ensure that work takes place under the safest possible conditions without disproportionately intruding into employees’ privacy.

Risk assessment also required when working from home

A central element remains the risk assessment (Gefährdungsbeurteilung) required under occupational safety law.

Potential risks typical of home workstations must also be assessed, including:

• ergonomic strain caused by unsuitable workstations
• inadequate lighting
• psychological stress caused by the lack of physical separation between work and private life
• risks arising from the improper use of work equipment

Implementation usually takes the form of general protective concepts, training and organisational requirements, rather than a detailed inspection of an employee’s private living arrangements.

Who is responsible for the workspace at home?

The employer remains responsible for basic occupational safety. When working from home, however, responsibility is shared.

Companies must:

• provide work equipment or ensure that it is safe
• instruct employees in safe working practices
• define organisational protective measures
• observe working hours and workload limits

Employees, in turn, must comply with the safety instructions they receive and create the safest possible workspace in their private environment.

This duty to cooperate follows from their general duties of loyalty under the employment contract and from occupational safety legislation.

The particular importance of instruction duties

One point that is frequently underestimated is the need to instruct employees regularly.

Under occupational safety law, merely documenting protective concepts is not enough. Employees must actually be informed about hazards and safe working practices.

For homeworking, this particularly includes guidance on:

• working ergonomically
• using work equipment correctly
• working with screens and organising breaks

The instruction should be documented and repeated regularly.

Rights of entry into the home: legal limits

Potential inspections of a home workstation are a particularly sensitive area.

As a rule, employers have no automatic right to enter or inspect an employee’s private home. An inspection can take place only voluntarily.

This limit protects the fundamental right to the inviolability of the home and must be observed when designing homeworking arrangements.

Homeworking as a challenge for modern occupational safety concepts

Homeworking changes how occupational safety duties are implemented in practice, but not their fundamental applicability.

Companies remain responsible for protecting their employees, but must adapt their measures to the particular circumstances of decentralised forms of work.

A legally compliant homeworking concept therefore combines clear organisational requirements, regular instruction and realistic risk assessments without impermissibly intruding into employees’ private lives.

Do you have questions about legally compliant implementation of occupational safety duties for homeworking?

We support you in developing tailored protective concepts and fulfilling your instruction duties in compliance with the law. Please contact us.

Enquire now