As already described in the article "Home office, teleworking & mobile work – working from home and on the road", the world of work has changed considerably. However, advancing digitization also brings new obligations and rights for employers and employees, which we want to take a closer look at and shed light on in this article.
IMPORTANT: The renaming of home office to mobile working is not legally valid, as the legal requirements for mobile working and teleworking differ. In this context, the Occupational Health and Safety Act (ArbSchG) and the Workplace Ordinance (ArbStättV) also form a relevant basis.
The risk assessment of teleworking
In the area of teleworking, the employer is obliged to carry out a risk assessment according to § 3 of the Workplace Ordinance. This must take place before the employee starts working at his or her workplace. This is based on the Workplace Ordinance Annex No. 5 for VDU workstations. The works council or the occupational safety specialist can also provide support for this.
Instruction of employees
The instruction applies to both teleworking and mobile working. Section 12 of the Occupational Health and Safety Act states that instruction on occupational safety and home office must take place before work begins. This also includes clarifying whether the workplace is set up properly, the work equipment is used properly and the working hours are observed. This instruction can also be carried out digitally.
Preventive care for occupational health
When working at a screen, occupational health prevention is necessary. This includes the risk assessment G37 (digital eye tests) and instruction on screen work. In order to ensure that teleworking is harmless from an occupational health and safety point of view, an inspection of the workplace is possible.
Work device and data protection
According to § 2 of the Workplace Ordinance, the employer is obliged to provide all necessary work equipment and utensils as well as means of communication. This can include a PC or laptop, the required software, a headset, a desk and an ergonomic desk chair. These should also be checked by the employer for data protection reasons and no access by third parties should be made possible. The risk assessment (0515 Electrical safety) also stipulates that the devices with a plug must be inspected.