Remote work is increasingly prevalent in today’s work culture, bringing new responsibilities and obligations for employers. It is essential for businesses to implement best practices and provide adequate support to remote employees. Failure to do so could heighten legal exposure for employers.

Health and Safety Policies

In British Columbia, employers are responsible for ensuring the health and safety of any location where their employees work, including remote settings. WorkSafeBC considers an employee’s remote work area an extension of the workplace. As a result, employers remain obligated to maintain a safe working environment for remote employees. If an employee is injured while performing work-related tasks remotely, the injury must be addressed as if it occurred in the office.
Employers should collaborate with their remote workers to ensure their workplaces are safe. Employers should have proper policies and checklists for employees in place to ensure compliance with workplace health and safety obligations. The policy should include protocols and information related to preventing workplace injuries and potential hazards. It is also important that employees understand the appropriate channels of communication in the event of an injury.

Contractual Right to Change Remote Work

It is wise for employers to include the right to unilaterally cancel or modify a remote work arrangement in employment contracts. Without this provision, attempting to change a remote work agreement could expose the employer to a constructive dismissal claim, potentially leading to a costly and stressful lawsuit.

Location of Remote Work

Employers should also note that if their remote workers are based in another province or territory, WorkSafeBC is unlikely to apply to that specific worker. The employer should inquire with that specific province or territory’s workers compensation board to ensure the employer meets that jurisdiction’s health and safety and employment regulations. The location of the usual remote work site should be made clear in the employment contract as agreed upon by the parties prior to the employee’s start date.

Overtime Liability

Employers should include clear overtime provisions in employment contracts and policies to prevent employees from working unlimited hours. Remote work reduces oversight, making it crucial for employers to establish clear expectations from the start. The Employment Standards Act of BC enforces strict overtime regulations, so to protect against unnecessary overtime payments, employers should define set working hours and explicitly require prior approval for any overtime worked beyond scheduled hours.
With the increased use of remote workers, employers should be aware of their potential liability and implement best practices. Employers should contact our Workplace Law Group if they have any questions. We are happy to help.