Webinar - Hybrid Work Arrangements and Ergonomics: Using Mobile Computing Devices at Multiple Locations

The Occupational Health and Safety Act (OHSA) does not apply to work performed by the owner or occupant in their own home. Based on this, the employer does not have any health and safety obligations to these workers under OHSA to provide equipment or conduct ergonomic assessments for and in a private residence. Section 3 of the OHSA outlines the application to private residences. Although the OHSA does not apply to a worker’s private residence, the Workplace Safety and Insurance Act (WSIA) applies to workers who sustain a personal injury in the course of their employment [Section 13 (1)]. If a worker is injured at home during the course of employment, a valid claim would be accepted for employers covered under WSIB. This reinforces the importance of supporting workers with office ergonomics in all work locations to prevent musculoskeletal disorders (MSD).

The OHSA, however, does apply to the office workplace. There are no explicit provisions in the Act that require an employer to provide certain office workstation equipment or conduct an ergonomic assessment, however, there are several general employer duties that can apply to office work settings and to ergonomic related hazards of computer work activities. An explanation of the legal requirements under the OHSA regarding the use of computers and mobile technology can be found here: Computer ergonomics | ontario.ca. Some of the notable sections from OHSA that apply to office workstations include:

• Section 25(1)(b): The employer shall ensure that the equipment, materials and protective devices provided by the employer are maintained in good condition. For example, if an office chair is in disrepair and no longer adjusts to adequately support a worker in their computer workstation, the employer would be responsible for ensuring the chair is repaired or replaced.
• Section 25(2)(a): Employers must provide information, instruction, and supervision to protect the health and safety of workers. Information and instruction related to computer work that helps to protect worker health and safety may include but is not limited to such topics as, how to recognize musculoskeletal disorder (MSD) hazards in computer work tasks and set up, how to properly adjust a computer workstation to reduce the potential for MSD, and instruction on workplace controls and work practices related to MSD prevention.
• Section 25(2)(d) outlines a duty of the employer to acquaint workers or persons having authority over a worker with the hazards in their work and in the use of a device or piece of equipment. For example, an employer would need to make workers aware of MSD hazards associated with computer-based work and ensure the workers are aware of how to use the devices or equipment that have been provided such as adjustable office chairs or keyboard trays as an example.
• Section 25(2)(h) of the Act, often referred to as the general duty clause, describes the employer’s duty to take every precaution reasonable in the circumstances for the protection of a worker, including from MSD hazards while working with computers or other mobile technology. The Ministry website has examples of precautions that may be considered to prevent MSD at computer workstations (Computer ergonomics | ontario.ca).

Under the Ontario Human Right Code, employers have a duty to accommodate employees with disabilities, which can be disabilities stemming from an injury. Every situation is different and specific to the needs of the individual and some employers, to better understand those needs as they relate to the office computer workstation, will have ergonomic assessments completed.

Under the Workplace Safety and Insurance Act, employers have a duty to co-operate in the return to work process for employees with work-related injuries, which includes, “attempting to provide suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s pre-injury earnings.” An ergonomic assessment may be medically requested to assist in the return to work process and can assist an employer in understanding the demands of the job to determine any accommodations required to match the worker’s functional abilities.

There are no explicit provisions in the Occupational Health and Safety Act that require an employer to provide certain office workstation equipment or conduct an ergonomic assessment. They must acquaint workers with the hazards in the work, including musculoskeletal disorder hazards, provide information and instruction to workers about those hazards and how to use and adjust equipment to protect worker health and safety. There are many resources available for workers and employers to review or self-examine their computer workstation to understand if potential MSD hazards are present and if the equipment has been set-up and adjusted to optimize posture and reduce the risk of MSD. Many of the Ontario health and safety system partners have resources to assist employers and workers to identify, assess and control MSD hazards in the office including:

• MSD Prevention Guideline: Quick Start Guideline – Office
  Quick Start Guideline: Office (msdprevention.com)
• Institute for Work and Health have developed an e-learning training program for office workers
  eOfficeErgo: Ergonomics e-learning for office workers (iwh.on.ca)
• Public Safety Health & Safety Association – Free webinar Basics of Office Ergonomics
  Basics of Office Ergonomics (pshsa.ca)
• Workplace Safety & Prevention Services – training courses on office ergonomics and conducting office ergonomic assessments
  Ergonomics and MSD - health and safety resources (wsps.ca)
• Occupational Health Clinics for Ontario Workers (OHCOW) – Office Ergonomics Reference Guide and Ergo Tool
  Office Ergonomics Reference Guide (ohcow.on.ca)
• Workplace Safety North – Ergonomics Webinar: Improve your workstation with new office ergonomics tool
  Ergonomics Webinar: Improve your workstation with new office ergonomics tool (workplacesafetynorth.ca)
• Infrastructure Health & Safety Association – Ergonomics for Computer Users – Practical Guidelines and Tips
  Learn more about the Ergonomics for Computer Users Practical Guidelines and Tips (ihsa.ca)