Occupational health and safety in the home office is a hotly debated topic. As part of the ARBEIT: SICHER + GESUND (ASUG) program, the Federal Ministry of Labour and Social Affairs (BMAS) has drawn up comprehensive recommendations under labour law and occupational health and safety law on the design of healthy hybrid VDU work. In a policy workshop with over one hundred experts from various disciplines and the social partners, key issues relating to the safety and health of employees were discussed. With these recommendations, the BMAS is responding to the mandate formulated in the coalition agreement.
Since the coronavirus pandemic, hybrid working from home has become firmly established as a new way of working for many people. In 2023, 77% of companies with 50 or more employees offered the option of working from home (source: IAB research report). The coalition agreement for the 20th legislative period includes the mandate to "(…) develop appropriate and flexible solutions for the healthy organization of the home office in dialogue with all parties involved." (Coalition agreement, p. 68 ff.). The BMAS conducted this dialog from September 2022 to October 2023 in the "Mobile Work" policy workshop.
During the one-year process, more than 100 experts discussed the technical, organizational, personnel, cultural and legal framework conditions for the design of good mobile work. In addition to the social partners, work designers and (work) scientists, the process also involved representatives from HR management, healthcare, experts in tax and legal issues, the real estate industry, office equipment as well as operators of co-working spaces, managers and consultants.
Parallel to the debate in Germany, social partner negotiations on the topic were held at European level, which did not produce a unanimous result. The EU Commission has therefore re-initiated social partner consultations with a view to a regulation under European law.
The dialog in the "Mobile Work" policy workshop led to a differentiated picture of the challenges and opportunities of hybrid screen-based work, working from home and occupational health and safety. It became clear: Safe and healthy hybrid work is made up of a good balance of presence work and mobile work. Particular opportunities lie in a better work-life balance and better participation opportunities for people with disabilities. Hybrid working can also support reintegration after a long period of incapacity for work.
However, this new way of working also places new demands on everyone involved. Employers must guarantee fair and safe working conditions. This also applies if teleworking is not agreed. At the same time, hybrid working places special demands on employees, e.g. in terms of self-organization.
The discourse in the policy workshop and research results show: Where company or collectively agreed rules for working from home exist, hybrid working works well. Regulations are particularly necessary if mobile working takes place regularly and to a relevant extent. In this case, employers should come to an agreement with employees and their works councils on suitable activities and their organization. This also includes ensuring that employees have a workplace in the company that can be planned for.
As a result of the "Mobile Work" policy workshop, a framework for action with recommendations for good hybrid VDU work under labor law and occupational health and safety law has been developed. Until a possible European regulation comes into effect, these recommendations form the framework for action for company practice in the design of safe and healthy hybrid VDU work. This does not affect the general requirements of the Occupational Health and Safety Act.
The development of hybrid forms of work in Germany is not complete. Rather, it is a process in which both companies and employees are learning. The BMAS will keep an eye on these developments and review whether and which adjustments are necessary.
These can be viewed here on the website of the Ministry of Labor. However, we have also summarized them here in abbreviated form:
The 7th steps to designing good hybrid VDU work:
Negotiation processes are more efficient if all parties involved have a common understanding of the issues to be dealt with and the scope and objectives of the agreements. Important points for this are
Define common goals:
Principle of double voluntariness:
Clarify the scope of the agreement:
Right of co-determination of the works council:
Determine suitable mobile screen activities:
Discussing the criteria for mobile VDU work creates certainty for everyone involved. Important points here are:
Joint Determination of Criteria:
Restrictions on Mobile Screen Work:
Co-determination and Determination of Workplace:
Involvement of the Works Council:
Discussing the criteria for mobile screen work provides operational security for all involved. Key points include:
Time Proportions and Attendance Obligation:
Regulations for Accessibility:
Desk Sharing and Planning of On-Site Work:
Co-determination and Employee Representation:
Cost Assumption by the Employer:
The risk assessment is the basis for safe, healthy, motivating, and productive working conditions, even in hybrid work models. Key points include:
Involvement of Employees:
Use of Checklists:
Determination of Protective Measures:
Employees working in hybrid models must be enabled to fulfil their special participation duties in shaping working conditions for screen work outside the workplace. Key points include:
Informing Employees:
Instructions and Training:
Participation in Inspections:
Effective occupational health and safety rely on regular goal achievement reviews and continuous improvement processes. Key points include:
Effectiveness Checks by the Employer:
Adjustments for Significant Changes:
Adjustments for Individual Changes:
You can access the publication of the Federal Ministry of Labour and Social Affairs here.
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