Arbetsgivarens ansvar för den fysiska arbetsmiljön vid hemarbete

Sammanfattning: The corona pandemic has affected the society in many ways. Not least the labour market where workplaces have moved from offices to employees’ homes. Many people believe that working from home is here to stay even after the pandemic. Who is responsible for the working environment and how is going to be ensured when the work is moving from the employer´s premises to the home of the employees? The aim of this essay is to critically analyze the employer´s responsibility of the workplace when working from home. The legal analytical method has been used to clarify applicable law and at the same time critically analyze the same. The essay has demarcated to only concern the physical work environment. The essay is mainly based on the occupational safety and health act and the Swedish Environment Authority´s regulations AFS 2001:1 and AFS 2012:2. The occupational safety and health act is as a starting point applicable even when working from home. The occupational safety and health act in turn is concretized by the Swedish Environment Authority´s regulations that are also applicable when working from home unless otherwise stated. The employer is responsible for the physical work environment when working from home. It means that the employer may be forced to provide office equipment furniture that the employee in turn can bring home. The employer is also forced to control the working environment. That work is made more difficult when working from home because there is no opportunity to control the working environment at the employee’s home. The employee’s responsibility of collaboration is even more important when working from home. Beyond mentioned problem article 8 European Convention on Human Rights put an end to the employer´s capacity to achieve an appropriate place of work when working from home. The employer can´t force the employee to receive office furniture’s to achieve an appropriate place of work. Such a demand would probably have been in violation with article 8 European Convention on Human Rights. Not either do the employer have a statutory duty to offer workrooms. It´s unclear what applies when place of work when working from home is not suitable and the employer can´t offer another place of work. It seems like current legislation do not solve the problem and it may therefore be a risk that employee´s must work in an inappropriate working environment.