Teleworking and risk prevention

What is teleworking and how is it regulated?

Law 10/2021 regulates regular remote work, defined as work performed remotely for a minimum of thirty percent of the working day, or the equivalent proportional percentage based on the contract duration, over a three-month reference period. It is voluntary and reversible for both parties, requires a written agreement with minimum content (inventory of resources, expenses, working hours, percentage of in-person attendance, assigned center, chosen workplace, monitoring methods, procedures for technical difficulties, instructions on data protection and information security, and duration), and guarantees equal rights with in-person work.

In terms of prevention, Articles 15 and 16 of the law establish that remote workers have the right to adequate health and safety protection in accordance with Law 31/1995 and its implementing regulations, and that risk assessments and planning must take into account the risks specific to this work modality. The assessment should only cover the area designated for providing services, not other areas of the home or chosen location. The company must obtain all information about the risks to which the worker is exposed; if a visit to the workplace is required, the worker’s permission is necessary (when it is their home or that of a third party), and if permission is denied, the assessment is carried out based on the information gathered.

Teleworking shares risks with office work with display screens, regulated by Royal Decree 488/1997, and adds particularities: isolation, difficulty in separating work and rest times, dependence on personal resources, environments not designed for work and less visibility of signs of fatigue or overload by managers.

Characteristic risks and measures

• Ergonomic issues. Inadequate furniture and equipment (desk, chair, monitor, keyboard), sustained postures, poor lighting, and glare. Measures: provision or compensation of resources in accordance with the agreement, workstation configuration criteria according to Royal Decree 488/1997 and its technical guide, breaks, and changes of posture.
• Psychosocial factors: Isolation, overload and extended working hours, constant connectivity, difficulty balancing work and family life, role conflict, and reduced support. Measures: Organization of work based on realistic objectives, regular communication, team meetings, the right to disconnect, time tracking, and training for managers in remote management.
• Organizational and working time aspects. Distribution of the workday, availability times and breaks set in the agreement, with flexibility within the legal limits and collective bargaining agreements.
• Safety and environment. Electrical installation, wiring, space, temperature, ventilation and noise of the designated area, with information and checklist for the worker.
• Data and information protection. Company instructions on information security, respecting privacy and limiting the means of control.
• Work accident. The presumption of work-relatedness of an accident occurring at work time and place applies with the particularities of remote work; it is advisable to define the place and time in the agreement to facilitate the classification.

Obligations of the company and the employee

• Company. Assess the risks of the designated area, plan and implement measures, provide or compensate for the necessary resources and equipment, inform and train on the risks and on the configuration of the workstation, ensure health monitoring and the right to disconnect, and consult with representatives.
• Employee. Collaborate in the evaluation by providing truthful information and, where applicable, access to the workplace, apply preventive instructions, report incidents and use the equipment correctly.
• Representatives. Right to information and consultation on the conditions of remote work and to participate in the evaluation and preventive planning.

Organizational application: how to manage prevention in teleworking

1. Include in the remote work agreement the workplace, schedule, availability times and breaks, and the inventory of equipment and its compensation.
2. Evaluate the risks of the designated area using a self-assessment questionnaire with images, interviews and, with permission, a visit, and document the information obtained and the conclusions.
3. Configure the workstation according to the display screen criteria (screen height, adjustable chair, work surface, lighting) and provide or compensate for the necessary equipment.
4. Incorporate the psychosocial risks of teleworking into the general psychosocial assessment and adopt organizational measures: objectives, communication, meetings, disconnection and management training.
5. Inform and train on workstation setup, breaks, exercises, electrical safety, disconnection and data protection.
6. Ensure specific health monitoring and incident and support communication channels.
7. Review the evaluation in the event of changes in location, resources or organization, and monitor with indicators of workload, working hours and absenteeism.

Preventive management software allows you to manage self-assessment questionnaires for the teleworking area, conclusions per person, provision of resources, training and reviews, with traceability and confidentiality.

Limits and common mistakes

1. Not assessing the risks of teleworking or limiting oneself to a questionnaire without conclusions or measures.
2. Extending the assessment to areas of the dwelling outside the designated area or attempting to visit it without permission.
3. Ignoring psychosocial risks, extended working hours, and digital disconnection.
4. Failing to provide or compensate for the necessary resources, shifting the cost of the secure position onto the individual.
5. Treating occasional teleworking as if it had no risks or preventive obligations.
6. Confusing activity control with health surveillance or violating privacy with disproportionate means of control.

The specific conditions depend on the remote work agreement, the collective agreement and the risk assessment; this sheet is for informational purposes only.

Regulatory framework in Spain

• Law 10/2021, of July 9, on remote work, articles 15 to 18. Prevention of occupational risks, risk assessment, right to digital disconnection and privacy.
• Law 31/1995, articles 14 to 16 and 22. Duty of protection, risk assessment and health surveillance.
• Royal Decree 488/1997, of April 14. Minimum health and safety provisions relating to work with equipment including display screens.
• INSST technical guide on visual display units . Workstation configuration and evaluation criteria applicable to teleworking.
• Organic Law 3/2018, article 88. Right to digital disconnection in the workplace.

The 2002 European Framework Agreement on Telework and the ILO and EU-OSHA guidelines on remote work are complementary references; in Colombia, telework is regulated by Law 1221 of 2008 and working from home by Law 2088 of 2021.