Remote Working: Wellbeing, Safety And Accidents

• Published date: 01 June 2022
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Health & Safety, Personal Injury
• Law Firm: lus Laboris
• Author: Ms Yvonne Frederiksen (Norrbom Vinding)

Denmark has introduced new rules on screen work from home and the Danish Social Appeals Board has given guidance on when an accident during remote work will be considered a workplace accident.

The new Danish rules on remote work environments, and the layout of the home workplace, have now entered into force. As remote work has become more widespread, it has become particularly important to be aware of when an accident that has occurred in connection with remote work can be a workplace accident.

New rules on remote work

The new work environment rules for the home workplace have entered into force. The rules have been relaxed for the employer, as the requirements for the layout of the home workplace for screen work now only apply when the employee regularly works at home more than two days a week on average.

When the morezthan two days a week threshold for remote work is met, it means, among other things, that the employer must ensure that the employee has the necessary furniture and equipment available. The employer must also ensure that the employee has a table and a chair that enable appropriate working positions, and that there is correct lighting and an adjustable screen separate from the keyboard.

A new rule also takes into account employees who work at different workplaces. If, on the whole, an employee works at a screen more than two days a week on average, but does not perform screen work for more than two days at any single workplace, the employee's home workplace must comply with the rules for arranging screen workstations, unless the employer provides a suitable screen workstation at one of the other workplaces.

In connection with the change, the Danish Working Environment Authority has published a new guide on remote work and updated its guide on screen work at the same time.

Workplace accidents at home

When employees work at home, accidents can occur, just like in a normal workplace. If an injury occurs while the employee is at work, there is a presumption that the injury is an occupational injury.

If an injury occurs in connection with remote work, there is not the same presumption that the injury has occurred as a result of the work or working conditions. The boundary between private and work life is more fluid when the work is performed from home, which is why it can be more difficult to determine whether there has been a work accident, which would be covered by the Danish Workers' Compensation Act.

On the basis of four fundamental...