Labour-law frameworks were historically developed around conventional office-based employment structures. However, workplace arrangements have increasingly shifted toward hybrid and remote models, accelerated by the COVID-19 pandemic and reinforced by rising fuel and commuting costs.
As employers continue to accommodate flexible working arrangements, uncertainty persists about the extent of occupational health and safety obligations in home-based work environments. This uncertainty also applies to ergonomics, as defined by the Occupational Health and Safety Act (OHSA) as the way employees interact with workplace systems to improve well-being and performance.
In light of this, a key question arises: How far do an employer’s health and safety duties extend when employees work outside the traditional workplace?
Employer Duties Under OHSA
OHSA regulates workplace safety and employee well-being by requiring employers to maintain safe and healthy working environments. Employers are required to prevent work-related health impairments, protect employees from occupational hazards, and ensure that workplaces are suited to employees’ physiological and psychological capacities.
In South Africa, workplace health, safety, and compensation are further regulated through legislation such as the Compensation for Occupational Injuries and Diseases Act (COIDA). Employers therefore bear a duty to minimise occupational injuries and diseases arising from ergonomic risk, particularly in office environments where prolonged desk-based work may result in posture-related strain and repetitive injuries.
While employers exercise significant control over traditional workplaces, enabling ergonomic assessments and intervention measures, the same may prove less practicable in remote working environments where employees perform their duties remotely.
The Ergonomics Regulations of 2019
The Ergonomics Regulations, promulgated under OHSA and published on 6 December 2019, impose a duty on employers to establish and implement programmes to manage and minimise exposure to ergonomic hazards for employees and any other persons affected by workplace operations.
These Regulations focus on managing human well-being alongside organisational performance and were introduced to:
- Reduce workplace discomfort and injury risks.
- Improve productivity and efficiency.
- Enhance employee engagement.
- Promote a proactive health and safety culture.
- Contribute to organisational cost reduction.
The Regulations reinforce the principle that ergonomics is not merely a comfort issue, but a workplace risk-management obligation.
The Effects of Poor Ergonomics
Poor ergonomics is often an overlooked contributor to workplace stress and reduced performance. Inadequate workstation setups, prolonged awkward posture, and insufficient lumbar support may contribute to:
- Muscle tension and fatigue.
- Headaches and migraines.
- Neck and lower-back strain.
- Repetitive strain injuries.
- Increased stress and discomfort.
These risks often develop gradually, making them more difficult to identify before productivity and employee well-being are affected. Poor ergonomics may also contribute to absenteeism, reduced morale, and increased workplace injury risks.
The shift to remote work has effectively expanded the workplace beyond the traditional office without necessarily reducing employers’ occupational health and safety obligations. Where employers fail to incorporate home-based work into existing health and safety frameworks, ergonomic risks may remain unmanaged, leading to a reactive rather than a preventive approach to workplace well-being.
Application to Remote Work
Remote and hybrid work arrangements create practical challenges for employers attempting to manage occupational health and safety obligations outside traditional workplaces. Although employers may not have the same level of control over an employee’s home environment, this does not necessarily absolve them of their obligation to take reasonably practicable steps to minimise ergonomic risks.
This may include:
- Providing ergonomic guidance and awareness training.
- Assisting employees with workstation setup recommendations.
- Implementing self-assessment or workstation checklists.
- Encouraging regular movement and rest breaks.
- Maintaining reasonable monitoring and reporting systems.
The normalisation of remote work requires employers to rethink how they implement workplace safety obligations in practice.
Recommendations for Employers
Home offices should increasingly be recognised as extensions of the workplace and incorporated into occupational health and safety frameworks. Employers should, where reasonably practicable:
- Provide ergonomic guidance and awareness training.
- Supply workstation assessment checklists.
- Encourage proper posture and regular movement.
- Promote early reporting of ergonomic concerns.
- Maintain appropriate records relating to health and safety interventions.
- Consider providing practical support or ergonomic equipment where operationally feasible.
Practical guidance on seating position, desk height, screen alignment, and laptop use may significantly reduce strain and prevent long-term workplace injuries. Importantly, employers should ensure that remote work policies clearly outline responsibilities relating to ergonomics, reporting obligations, and workplace safety expectations.
Key Takeaways / Conclusion
The normalisation of remote and hybrid work has expanded the scope of the workplace, potentially increasing the application of employers’ statutory duties to work performed remotely. Poor ergonomic conditions within home offices may create unforeseen occupational risks, exposing employers to legal, operational, and productivity-related consequences.
Article By Ntsako Mathe
Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)