Working Safely From Home

working from homeWhat are the employer’s obligations to an employee when an employee is not working in the office? With so many employees now working from home, employers’ health and safety obligations need to be reexamined. 

The Occupational Health and Safety Act and Working From Home

In Ontario, section 3(1) the Occupational Health and Safety Act (“OHSA”) states that it “does not apply to work performed by the owner or occupant or a servant of the owner or occupant to, in or about a private residence or the lands and appurtenances used in connection therewith.”

So, in regular people speak, this means that if your employee is working in their own home OHSA does not apply. 

In some sense this makes sense, but in other ways, it doesn’t. An employer cannot be expected to come into an employee’s home and evaluate risks, nor be expected to assume liability for the safety of their worker in an environment – the worker’s home – that they have no control over. 

Employers – even in offices where there may not be obvious health and safety issues like noxious substances or big machines – are generally required to make sure that exits are clear, that file boxes aren’t going to fall on anyone etc. These are the types of safety issues that could, presumably, also pose risks to workers who are in their own homes. 

Workplace Violence and Harassment

The application of the violence and harassment provisions of OHSA makes more sense in a home environment. Workers who work from home are still expected to work with their colleagues, clients etc. In many cases, these interactions will likely be similar to face to face interactions one may have in an office – just less the risk of inappropriate touching. Workers could still be bullied or harassed virtually or over the phone. This can happen just as easily around the watercooler as on the company Slack channel. 

Direction from Case Law

While direction from decision-makers is sparse, two decisions offer contradictory direction with respect to the application of OHSA to people working from home. 

The Workplace Safety Insurance Appeals Tribunal (the “WSIAT”) stated in Decision No 2249/16, 2016 ONWSIAT 2410 that the “OHSA does not apply to work performed by an owner in a private residence”. In this case, the WSIAT was required to determine whether modified work offered to an injured worker to do at home was reasonable and safe, in spite of the fact that the work would not be covered by OHSA because it would be completed at home. The WSIAT found that the fact that work would not be covered by OHSA did not mean it was not safe. 

This decision contrasts with an Ontario Labour Relations Board (the “OLRB”) decision Watkins v The Health and Safety Association for Government Services. This case involved allegations of workplace harassment and reprisal under OHSA by an employee who “worked remotely from his home office, but also travelled as part of his duties.” The OLRB allowed the complaint to proceed to a hearing. No non-application of OHSA argument was made. OHSA does apply to work done outside of a private residence, even if it is done outside of the office. For example, OSHA applies when an employee is travelling for work, attending conferences, working on a client site etc. Perhaps the fact that this worker travelled as part of his duties brought his complaint safely under OHSA.  

Takeaways

As it stands OHSA likely does not apply to work done at home. However, given the unprecedented number of employees now working from home, and the lack of clear jurisprudence, this could change.

Employers should consider how to ensure safe working conditions for their employees who are working at home. While employers obviously are not going to be doing home visits to make sure there are no cords to trip on or boxes about to fall on anyone’s head, they can do things like ensure that workers are being adequately supervised, even when working remotely. A clear and reasonable remote working policy can take an employer a long way. 

You can access SpringLaw’s complimentary Remote Worker Policy here. 

If you’d like to book a consult to talk about remote working issues in your workplace, get in touch.  

Share the Post:

Related Posts

Canadian flag displayed in front of a government building, representing proposed federal labour law reforms under Bill C-39 and changes to the Canada Labour Code.

Federal Bill C-39: Major Changes Proposed for Federal Labour Relations 

Federal Bill C-39 proposes major changes to the Canada Labour Code that could reshape labour relations for federally regulated employers and unions. From expanded government intervention during strikes and lockouts to new collective bargaining rules and mediation processes, these reforms may significantly impact workplace disputes, collective agreements, and the balance between protecting workers’ rights and the national economy.

Read More »
Person working remotely on a laptop beside a swimming pool, illustrating remote worker management, employee accountability, and flexible work arrangements.

Remote Worker Management: Accountability without Constant Check-Ins 

Managing a remote team doesn’t require constant check-ins. Effective remote worker management comes from clear expectations, transparent systems, and trust. Learn how to create accountability, improve collaboration, and measure results without micromanaging employees. Discover practical strategies to build a productive remote workforce that stays aligned, engaged, and focused on outcomes rather than online presence.

Read More »
Mountain village with wooden buildings overlooking a valley, representing workplace accommodations that can evolve while supporting long-term stability and growth.

Can An Employer Change An Accommodation? 

Can an employer change a workplace accommodation once it has been in place for years? A recent Ontario court decision confirms that accommodations are not necessarily permanent. Employers have flexibility to modify accommodations when employees remain reasonably accommodated and free from discrimination. Learn what this ruling means for disability accommodation, workplace management, employee benefits, and legal compliance.

Read More »

Contact Us

Thank You For Your Interest. Kindly Complete The Form Below. Our Client Services team will be in touch with further information about our fees and intake process.
[grow-contact-form]