The New Zealand Herald

Neck minnit: ACC’s odd new WFH policy

Accident insurer issuing laptops but full setup up to staff The key question is whether the provision of a laptop without accessorie­s is safe and won’t trigger or exacerbate any occupation­al overuse syndromes.

- Chris Keall Jennifer Mills (left), specialist employment lawyer

Chiropract­ors are already busting at the seams from a surge in bookings from punters who have cricked their neck or strained their back by slouching on the couch with their laptop over the past 12 months or so — which of course has seen a surge in working from home.

Now they could see yet more business, and from an unlikely source: ACC staff.

The state insurer’s official workingfro­m-home checklist includes a monitor at eye level, a keyboard and mouse, and ergonomic chair — the sort of setup that chiropract­ors recommend to avoid neck and back strains, which, of course, can spark ACC claims.

Yet under a new policy being phased in by August, ACC will only supply laptops for those of its 3700 staff who take up a new option to work up to two days a week from home — and with them the temptation to slouch on the couch. It’s up to staff to buy their own monitor, keyboard and mouse.

Staff need the extra gear. ACC has registered a spike in home injury claims and chiropract­or Sam Baktash tells the Herald that laptop-only use is the single biggest cause of a jump in patients with neck, lower-back and headache problems.

But if they do shell out, Inland Revenue says it’s not tax-deductible. In most cases, you can only claim for home office expenses if you’re selfemploy­ed or have a side-hustle. Working for an employer means it has to come out of their pocket or, if they’re too tight, yours.

IRD says it’s optional whether an employer provides a special allowance to cover some or all of your home office expenses.

Legal grey area

But what about the broader law?

Chapman Tripp employment law expert Vonda Engels notes the Health and Safety at Work Act says employers have to take steps to “ensure an employee’s safety so far as is reasonably practicabl­e”, whether a staffer is working in the office, from home, or on the road.

But does the definition of “safety” extend to good ergonomics? “That’s a grey area,” Engels says. With Crown agencies WorkSafe and the Employment Relations Authority both backlogged with workingfro­m-home-related claims, it could only be a matter of time before we get a precedent-setting decision that helps to define how the law should be interprete­d.

But in the meantime, lawyers like

Engels can only offer their opinions over who is responsibl­e for home office costs.

The senior associate says organisati­ons that offer an ergonomic workplace, with work-from-home as an option, are probably in the strongest position, to suggest staff pick up some or all of the tab and take their own responsibi­lity for ailments that result from cutting corners.

Those who close branch offices or otherwise make working-from-home compulsory are probably in the weakest position and would face a “fairly heavy expectatio­n” to pick up most costs and ensure an ergonomic work environmen­t at home.

Specialist employment lawyer Jennifer Mills says the possibilit­y of pre-existing conditions add another layer of murk, under current employment and OSH laws.

“The key question is whether the provision of a laptop without accessorie­s is safe and won’t trigger or exacerbate any occupation­al overuse syndromes. This will be a question of fact in every case, and it will be incumbent on an employer in these circumstan­ces to determine whether an employee has an underlying condition which may be exacerbate­d.

“If the working space from home is set up in a way which triggers or exacerbate­s an employee’s overuse syndrome, then an employer could be liable under the Employment Relations Act and/or the Health and Safety at Work Act.”

Get ahead of the play

Engels anticipate­s a test case outcome could well lead to a tightening of the law — “particular­ly for wellresour­ced organisati­ons like ACC”. (The state insurer has around $47 billion salted away.)

She recommends getting ahead of the play, and making sure your next IT upgrade includes as much wireless gear as possible so it’s easy for staff to take home a headset, keyboard and mouse and other peripheral­s.

Another option is subsidisin­g gear. Datacom NZ managing director Justin Gray says his company is offering its 3000 local staff discounted hardware.

Engels also recommends companies limit their liability, and encourage good practices, by offering ergonomic assessment­s of employees’ various efforts to set up a home office.

Site visits can be expensive, but she says many firms are now offering remote assessment­s by video.

Jump in claims

ACC data suggests anecdotal accounts from chiropract­ors about working from home being a pain in the neck are correct.

Although it has no discrete category for home office ACC says the cost of work-related injuries that happened in the home climbed by $12m to $125m in the lockdown-hit 2020, versus 2019.

ACC chief talent officer Sharon Champness told the Herald this week that employees who work remotely can choose to purchase additional IT and office equipment if they wish.

“During the Covid lockdown, almost all of our 3700 employees were able to work from home while continuing to deliver a high-quality service to New Zealanders.

“After lockdown alert levels eased, our employees told us they valued having flexible working options. We know there are significan­t wellbeing benefits for our people, and we can achieve this while effectivel­y supporting our clients.

“ACC has introduced a flexible working policy based on the principles of doing right by our customers, our people and each other.

“For most ACC employees this policy means being able to work remotely, for up to two days a week if they wish.

“For those that do, ACC requires them to provide a safe, secure and private working environmen­t with a reliable internet connection, and a workstatio­n with the equipment they need to maintain productivi­ty and comfort while working.

“ACC has invested in providing all our people with a laptop, or equivalent, by the end of August 2021. Employees who work remotely can choose to purchase additional IT and office equipment if they wish.”

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 ?? Photo / Getty Images ?? Chiropract­ors are booking a rising number of workers suffering strains from slouching over a home laptop.
Photo / Getty Images Chiropract­ors are booking a rising number of workers suffering strains from slouching over a home laptop.

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