Ergonomics, accommodations, and injuries while working from home

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Many more AU staff are now working from home. Despite this change, AU must still both ensure you have appropriate equipment to do your job safely and accommodate any medical restrictions. And, if you are injured while working from home, you can (and must) still file a workers’ compensation claim. This blog outlines AU obligations and how AUFA can assist you if AIU fails.

Provision of Appropriate Equipment

Home offices are work sites under Alberta’s Occupational Health and Safety Act. This means that AU (as an employer) is required to identify hazards faced by home office workers and control them. AU is also required to ensure that the equipment in a worksite will not compromise the health and safety of workers using it and will safely perform the function for which it was intended.

The dispersal of AU staff to home offices in March meant that many AU staff did not have adequate furnishings to work on. In December, the Employer requested AUFA’s consent to give funds for the purpose of home office setups; to which the Association consented. These funds will go towards resolving the lack of adequate equipment for staff. However, these funds do not absolve the employer of any responsibility regarding injuries as the result of work, WCB, or requirements for individual accommodations.

If you have not received an email titled “Home office supports during the pandemic,” but feel you would be eligible for the funds, please email humanresources@athabascau.ca and CC the AUFA Executive Director.

Staff members who believe their equipment is inadequate should inform their supervisor of their concerns and request an ergonomic assessment. Before submitting this form, take a screen shot of the form, and then send the screen shot to AUFA so there is a record. If AU does not follow up with you within a week, send your screen shot to AUFA’s executive director (Richard Roach) for follow-up. Similarly, if AU promises to provide equipment (e.g., delivering your AU desk to your home) but then does not, please contact Richard.

Duty to Accommodate

Alberta’s Human Rights Act requires employers to accommodate workers’ needs based upon certain protected grounds. For example, workers may require modified work duties or equipment due to a disability. Or they may require an accommodation to care for family obligations. AU’s duty to accommodate staff members is far reaching and requires the employer to be flexible and creative in accommodating an employee.

If you believe you need an accommodation, you must:

  • Inform your supervisor of the need for accommodation

  • If the accommodation is for medical reasons, provide limited medical to substantiate your need

  • Accept reasonable accommodation provided by the employer

  • Cooperate and follow the accommodation to make it successful

  • Let the employer know if the nature or need for accommodation has changed

  • Tell the employer if the need for accommodation ends

You may wish to contact the AUFA office if you:

  • Would like advice about or assistance in seeking an accommodation

  • Believe AU is asking for too much information

  • Are concerned AU is not adequately accommodating you or is not doing so in a timely manner

If you previously had an accommodation while working from a physical office (e.g., a sit-stand desk or a flexible work schedule), you should seek to have these accommodations transferred to your home office. Again, if you run into difficulty, please contact the AUFA office.

The employer cannot deny an accommodation or consider an accommodation fulfilled with the funds provided in December for home office setup.

Workers’ Compensation (WCB)

If you experience an injury or illness caused by work that required you to miss time from work, have your work duties modified, or seek medical treatment beyond first aid, you are required to report the injury to your supervisor and the workers’ compensation board (WCB). (AU and your doctor are also required to report such an injury).

Reporting an injury to the WCB may entitle you to wage-loss and other vocational rehabilitation benefits. More importantly, a workers’ compensation claim creates a record you were injured at work (in case your injury worsens). Reporting also appears to motivate AU to take action to address the hazard that gave rise to the injury (because it increases AU’s workers’ compensation premiums).

Some brief facts to keep in mind about WCB:

  • You cannot be fired or disciplined for filing a WCB claim

  • WCB is a no-fault system, you can still be covered even if you caused the incident that led to injury

  • You have the right to choose your own doctor in the case of WCB, you are not required to use an employer doctor (WCB may require you to use one of their own doctors)

If you would like assistance reporting an injury, please contact the AUFA office.

If you are injured, it is very important that you seek medical treatment and report an injury as soon as possible as waiting may affect your coverage or the success of your claim.

If you are injured while working from home, you may still be covered for an injury sustained at a home office. WCB takes several factors into in such cases, such as if activity is on work time or the activity was for the employer’s benefit. Not all injuries sustained while working from home will entitle you to WCB coverage. Injuring your back due to poor ergonomic setup while working at your computer may be covered. Slipping when you go to refill your coffee is unlikely to be covered.

Neither your accepting of funds, nor specifics of how the funds were used, for home office setup will affect your ability to file for WCB.

If you have filed for WCB and have been denied, please contact the AUFA Executive Director as soon as possible as we will only have one year from the date of denial to appeal the decision.

Richard Roach, Executive Director

AUFA

Michael Voaklander