- Wolfgang Platte
- 24.04.26
- Reading time: 3 Minuten
Working from home and health and safety obligationsWho is responsible for what?
Die zunehmende Verbreitung von Homeoffice- und hybriden Arbeitsmodellen wirft für Unternehmen eine zentrale Frage auf: Wer ist eigentlich für den Arbeitsschutz verantwortlich, wenn Mitarbeitende nicht im klassischen Büro, sondern von zu Hause aus arbeiten?
Legally, the employer’s responsibility remains in force even when employees are working from home, although the scope for practical supervision and enforcement is limited.
As a general rule, health and safety obligations do not end at the employee’s front door.
Health and safety when working from home: The basic structure of responsibility
Even when employees are working from home, employers are obliged to ensure their health and safety.
The legal basis for this is, in particular, the Occupational Safety and Health Act (ArbSchG). This Act requires employers to assess working conditions and to implement appropriate protective measures.
The legal basis for this is, in particular, the Occupational Safety and Health Act (ArbSchG). This Act requires employers to assess working conditions and to implement appropriate protective measures.
Rather, the employer must ensure that work is carried out under the safest possible conditions, without unduly infringing on employees’ privacy.
Risk assessment is also required when working from home
Risk assessment in accordance with health and safety legislation remains a key element.
When setting up home offices, it is also important to assess the risks that typically arise, such as:
- ergonomic strain caused by unsuitable workstations
- inadequate lighting
- psychological stress factors caused by a lack of physical separation between work and private life
- Risks arising from the improper use of work equipment
This is usually achieved through general safety policies, training and organisational guidelines, rather than through detailed monitoring of people’s private living situations.
Who is responsible for the home office?
The employer remains responsible for general health and safety at work. However, when working from home, responsibility is shared.
Companies must:
- provide work equipment or ensure its safety
- train staff in safe working practices
- define organisational safeguards
- observe working hours and workload limits
Employees, for their part, are obliged to follow the safety instructions they have been given and to create as safe a working environment as possible in their own homes.
This duty to cooperate arises from the general duties of loyalty under the employment contract and from the requirements of health and safety legislation.
The particular importance of the duty to provide instruction
One aspect that is often underestimated is the regular training of employees.
Under health and safety legislation, it is not enough simply to document safety procedures. Employees must be properly informed about the risks and safe working practices.
In particular, this includes guidance on the following aspects of working from home:
- ergonomic working
- correct use of work equipment
- Managing computer use and organising breaks
The training should be documented and repeated on a regular basis.
Rights of access to the home: Legal limits
One particularly sensitive area concerns potential inspections of home offices.
Employers do not, as a general rule, have an automatic right to enter or inspect an employee’s private home. Any such inspection may only take place on a voluntary basis.
This restriction safeguards the fundamental right to the inviolability of the home and must be strictly observed when drawing up policies on working from home.
Working from home: a challenge for modern occupational health and safety strategies
Working from home changes the practical implementation of health and safety obligations, but not their fundamental applicability.
Employers remain responsible for the safety of their staff, but must adapt their measures to the specific circumstances of remote working arrangements.
A legally compliant home working policy therefore combines clear organisational guidelines, regular training and realistic risk assessments, without unduly encroaching on employees’ private lives.
Do you have any questions about how to comply with health and safety obligations when working from home?
We can help you develop tailored safety plans and ensure that your duty to provide training is carried out in accordance with the law. Let’s get in touch.
Your personal contact
Matthias SchulzDirector Sales
- +49 40 257 660 967
- +49 40 257 660 919
- m.schulz@clarius-ds.com
