RISK ASSESSMENT TELEWORK

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With the amendment to the Workplace Ordinance (ArbStättV) published in 2016, the legislator finally defined the term “home office” clearly.

Essentially, a distinction is made between “mobile working” and “teleworking”.

Accordingly, a teleworking workplace is a “computer workstation permanently set up by the employer in the private sphere of the employee”. It is considered to exist if the framework conditions for telework have been contractually agreed between employers and employees, as well as the weekly working hours and duration of the setup. Mobile working”, on the other hand, means occasional working with a laptop in one’s free time or location-bound working, such as on the move in a train.

The Federal Ministry of Labour and Social Affairs has clarified with the Corona Occupational Health and Safety Ordinance (Corona- ArbeitsschutzVO) of 27.01.2021 that a lack of a distribution agreement or written individual contractual supplement to the employment contract regarding teleworking does not automatically mean that there are no teleworking jobs if the implied actions of both parties would confirm this, however.

The Occupational Health and Safety Act therefore applies without restriction to teleworkplaces. According to §5 ArbSchG, the employer is therefore obliged to determine and document the hazards for the employee within the framework of a risk assessment. In addition to the Occupational Health and Safety Act (ArbSchG), the ordinances on VDU workstations and the Workplace Ordinance (ArbStättV) essentially apply to VDU workstations, which are teleworkplaces (§ 2 para. 7 ArbStättV).

If the teleworkplace differs from the workplace in the company – which should be the rule – the obligation to conduct a risk assessment also applies to the teleworkplace. The assessment must then be carried out by a specialist, i.e. with the assistance of the occupational safety expert (§ 3 Para. 2 ArbStättV) and requires an on-site investigation of the conditions.

An inspection of the employee’s home requires the employee’s express right of access to the home and requires a great deal of planning and implementation effort.

With the digital solution we have developed, you can create risk assessments of teleworkplaces in no time at all.

Additional Features
- Efficient digital inspection of the private teleworkplace by an occupational health and safety specialist
- When using this application in combination with online instruction, no import of participant data is required
- Creation of the risk assessment for the teleworkplace by the occupational safety specialist in cooperation with the employee (video telephony)
- Creation of certificates for the teleworkplace
- Automated reminder function for participants
Your advantages at a glance
- With the risk assessment for teleworkplaces you fulfil your entrepreneurial duty according to §5 ArbSchG very efficiently and in the shortest time
- An inspection of the employee’s home by an occupational safety specialist is not necessary
- The intuitive administration as well as the efficient execution of the risk assessment guarantee a quick and uncomplicated implementation of the above-mentioned employer obligations
- The application provides you with audit-proof documentation and the histories of the risk assessments carried out for verification in real time

Acceptance

The employee’s privacy is protected. The employer has no access to the employee’s home. All this information remains with HSC Nord and is kept strictly confidential. The employer only receives a certificate or a list of complaints (ToDo) for the respective teleworkplaces
Intuitive operation and high user-friendliness
Low technical requirements – internet-capable end device with browser (ideally Google Chrome)
No maintenance costs, no updates required
DSGVO compliant