With the rise of remote working, the home office has become a very common practice for many companies and workers. With the approval of the Labor Reform, Law No. 13,467 of 2017, this type of work was incorporated into the CLT and has its own regulations to meet its requirements.
According to data collected by Social Security, between December 2018 and February 2022 alone, more than 36,000 workers applied for Social Security Sickness Benefit and Occupational Accident Sickness Benefit for shoulder injuries caused by poor posture.
This new way of working has revisited important issues, such as the employer’s responsibility for working conditions and the occurrence of accidents in the home office. Some companies find it difficult to understand what characterizes an accident at work, even if it’s remote, and what their responsibilities are to ensure employee safety.
According to Brazilian legislation, an accident at work is one that occurs during the exercise of professional activities in the service of the company, causing bodily injury, illness or death. With regard to the home office, this definition applies in the same way: if the accident occurs while the employee is carrying out their professional activities at home, they also fall into this category.
It is important to note that illnesses acquired as a result of work activities also fall within the criteria. Falls, tripping over wires or objects in the home workspace, muscle injuries caused by poor posture or unsuitable furniture, burns or electric shocks when handling electronic equipment, and mental health problems resulting from overwork, are also characterized as accidents.
The fact that the place where services are provided is the employee’s home does not release the company from its duty to look after the health of its workers, since the law assigns it various duties relating to the hygiene, safety and health of its employees.
The key to avoiding problems with accidents at work in the home office is the employee instruction provided for in article 75-E of the labor law.” Article 75-E of the Consolidation of Labor Laws establishes that the employer has a duty to instruct its employees in the home office, by signing that they undertake to follow all safety guidelines. If there is no statement of knowledge provided for in article 75-E of the CLT, the company could be held responsible for the accident because it is not backed up.
There are some measures that companies can take to avoid this problem, such as:
- Creating policies: establishing clear policies outlining the responsibilities of the employee and the company, including guidelines on ergonomics, working hours and regular breaks
- Training and orientation: provide training so that employees know how to organize their workspace safely, informing them about the importance of correct posture, the proper use of ergonomic chairs and the arrangement of work equipment.
- Having terms of knowledge: having documents and terms of responsibility to prove that those responsible have passed on the necessary instructions
- Suitable equipment: provide or subsidize the purchase of ergonomic equipment such as chairs, tables and laptop stands to prevent accidents.
These measures protect institutions and reduce the impact of a possible labor lawsuit, since the employee will not be able to claim ignorance of the established rules. Adopting a proactive stance on home office security is a smart investment and protects companies that want to grow in a sustainable and responsible way.
