Last week we discussed some of the issues relating to returning to work, including the necessity that employers consult with workers and their representatives to ensure measures are taken to minimise risks of infection at the workplace (for example: the physical layout; air conditioning; cleaning and sanitisation; etc).

There are other risks workers may be exposed to when returning to work over which the employer has no control. A big one is the commute. We’ve seen reports of the congested public transport system in the UK as their restrictions are being lifted and workers urged to return to work, and the outrage this caused to the public and the transport unions in particular. This is an example of how things should NOT be done.

"My employer has started to make noises about us
gradually returning to work. What are some of the issues
we need to be aware of?"

“I am working in administration. I am a casual, now working from home. Does the company I am working for have to provide me with an ergonomic office chair?”

Unfortunately, there is nothing specifically in the law that requires an employer to provide the equipment necessary, for someone to work from home. However, under Victoria’s OHS Act (and similar acts in other jurisdictions), the employer DOES have a legal duty to employees (including casual employees) to, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health. This is called the ‘general duty of care’ and applies to everything: the workplace, the equipment, the systems of work, supervision and training, and so on. But it is qualified by ‘so far as is reasonably practicable’.