How to prevent psychosocial risks and the potential liability of the employer with the increase of remote work linked to Covid-19? – Lexology

With the COVID-19 pandemic, companies have been led to implement remote work full time for an extended period of time for their employees whose functions justify it.

This recourse to remote work, if it often improves the quality of life at work and work life balance, may also lead to psychosocial risks (so-called "RPS") for its employees. In fact, in May 2020, 17% of remote workers indicated that they were in psychological distress . In December 2020, 26% reported that remote work had a negative impact on their mental health.

Yet, any accident occurring at the remote worker's home during his professional activity is deemed a work accident, likely to entail the civil or even criminal liability of the employer. Preventing RPS for remote workers is thus essential for companies. In this context, it is recommended to implement company agreements or policies on remote work providing for means of preventing RPS and good practices, as certain companies have already done so.

1. PSYCHOSOCIAL RISKS INDUCED BY REMOTE WORK

RPS linked to remote work are numerous and varied and can be seen in such forms: isolation at home, demotivation, stress, prolonged working hours, muscular and skeletal disorders ("so-called TMS"), psychological disorders, increase in addictions.

According to a study by Malakoff Humanis, TMS and psychological disorders were the main causes of sick leaves in 2020 after normal sickness , thus revealing a direct impact of Covid-19 and remote work.

2. RISKS FOR THE EMPLOYER

The main risk for the employer is civil or criminal liability for non-compliance with the general safety obligation. The employer must effectively take the measures necessary to ensure safety and protect the physical and mental health of employees . Thus, in the event of violation of its employees' health, theemployer may be required to pay damages. The endangerment offense may also be retained in certain particularly serious cases.

3. REMINDER ON EMPLOYER'S OBLIGATIONS

The employer must:

4. GOOD PRACTICES

If these measures to avoid situations of isolation are insufficient to preserve the employee's health in light of his/her specific situation, the employer can authorize him/her to go to the office on certain days, after contacting the occupational health doctor.

In addition to the CSE's mandatory participation, employers are advised to contact occupational health services which can help to articulate the prevention of the COVID-19 risk by implementing remote work, whilst also preventing professional risks related to remote work.

In conclusion, we would strongly recommend companies to negotiate a company agreement on remote work that provides for measures to prevent psychosocial risks. Follow-up actions to monitor employees and particularly fragile situations also need to be put into place, as well as actions to raise the awareness of managers.

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How to prevent psychosocial risks and the potential liability of the employer with the increase of remote work linked to Covid-19? - Lexology