Western Australia Rules out Mandatory work-from-home Laws

Western Australian Premier Roger Cook has ruled out legislating mandatory work-from-home provisions, taking a different path from Victoria’s plan to make it a legal right for employees. Premier Cook emphasised that WA will not be following Victoria’s lead, citing the state’s unique work culture developed during the pandemic, where most workers remained in their workplaces.

While the WA government is not mandating work-from-home, the responsibilities of both employers and employees under existing work health and safety (WHS) legislation remain in place when such arrangements are made.

Premier Cook believes that the best solutions for flexible work are found through cooperation between staff and management.

Employer Responsibilities:

• Consultation and Agreement: Before a work-from-home arrangement begins, employers must consult with their employees to create a formal agreement. This agreement should address the tasks to be performed, the workspace, and the equipment, the communication systems, and the software needed.

• Risk Management: Employers must do what is reasonably practicable to manage health and safety risks, including both physical and psychosocial risks. This includes providing guidance on proper workstation setup, encouraging regular breaks, and establishing clear communication channels to prevent isolation and fatigue.

• Supervision and Communication: The employer is legally required to provide adequate supervision, even remotely. This involves setting clear expectations for workload and tasks, monitoring progress, and maintaining regular communication to keep employees informed and supported.

• Training and Assistance: Employers should provide information and training on how to work safely from home, including guidance on risk management, setting up a workstation, and reporting hazards or incidents.

Employee Responsibilities:

• Workspace Safety: Employees are responsible for ensuring the safety of their home workspace. They may be required to complete a self-assessment to ensure the area is free of trip hazards, has adequate lighting and ventilation, and is set up ergonomically.

• Cooperation and Compliance: Workers must cooperate with reasonable WHS policies and procedures provided by their employer and follow all safety instructions.

• Reporting: Employees have a duty to report any incidents, hazards, or injuries that occur while working from home.

• Maintaining Boundaries: Employees should strive to maintain a clear boundary between their work life and home life, taking regular breaks and adhering to their work hours to prevent burnout.