Workers who travel on behalf of the business also present unique challenges because they are covered by workers' compensation when they are sent to another location for business purposes. "Of course, since the employer wasn't there, and presumably there's no video or other evidence of the injury, it's unlikely the employer could prove the misconduct," he said. He noted, however, that it may be difficult for employers to enforce workplace conduct laws with remote employees.Īs an example, he said an employee could be intoxicated during work hours, fall while plugging in a work computer and sustain an injury, and still have a workers' compensation claim because the employer would have to somehow prove misconduct to avoid liability. Workplace injuries are a constant worry for employers, and there is no magic solution to the problem, Beck said, adding that state workers' compensation laws generally will cover accidents that occur in the home while an employee is working. "Whether this be after every job, site visit or at the end of each day, a verbal or digital check-in and safety report-even if the report no incidents -can help create a history to predict and avoid future events," he added. "The obvious tension between these two statements illustrates the difficulty of creating policies and procedures in this area."Įmployers can try to manage and mitigate the safety risks mobile workers face by creating effective safety reporting systems and establishing mandatory safety check-ins at predetermined intervals, Holbert said. "On the other hand, OSHA continues to maintain that employers are responsible for safe working conditions regardless of location," Beck said.
"Workplace safety for at-home workers is a somewhat amorphous topic, as it's sometimes unclear what regulatory framework applies," said Alec Beck, an attorney with FordHarrison in Minneapolis.įor example, he said, the Occupational Safety and Health Administration (OSHA) has stated that it will not conduct at-home workplace inspections and that it will generally not hold employers liable for at-home safety issues. He noted that remote workers usually don't have a designated office with smoke detectors, ergonomic workspaces and security protocols. Keeping remote employees safe can be challenging, mainly because they are not in a controlled workplace environment, said Chris Holbert, CEO of SecuraTrac, a company in Hermosa Beach, Calif., that develops and sells mobile health and safety solutions. Technology has made telecommuting easier to manage, but remote work arrangements present unique safety challenges-and employers must ensure they are complying with workplace rules even for employees who don't work onsite.
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