Do WHS laws apply when employees work from home?

Yes. The employer's duty of care — the primary duty under the WHS Act (or s21 of Victoria's OHS Act) — extends to work wherever it is performed. While an employee is working at home, that workspace is a workplace: workstation setup, psychosocial risks like isolation and hours creep, incident reporting and consultation duties all still apply.

Is an injury at home during work hours notifiable?

It can be, exactly like an on-site injury. If a work-from-home worker suffers a death, serious injury or illness, or a dangerous incident occurs while they are working, the incident notification duty applies — notify your state regulator immediately and preserve the scene so far as practicable. Your incident process must explicitly tell WFH workers how to report.

What does Victoria's Work from Home Bill change?

The Work from Home Bill 2026 was introduced to the Victorian Parliament in July 2026. If passed, it commences 1 September 2026 for most workplaces and creates entitlements around working-from-home arrangements. It sits alongside — not instead of — the existing OHS duties: the employer duty of care for home-based work applies now, regardless of the Bill's fate.

What should a WFH workstation check cover?

A per-worker self-assessment the employer actually reviews: desk and chair setup, screen height, lighting, trip hazards and leads, electrical safety, smoke alarm, and emergency contact arrangements — repeated when the setup changes. Pair it with psychosocial checks: isolation, workload visibility and after-hours contact.

Working From Home WHS Obligations Checker

The duty of care follows the work home. Five checks against your state's position — including what Victoria's Work from Home Bill 2026 would add — with a gap list and the tools to close each one.

Last verified: 22 July 2026

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Working From Home WHS Obligations Checker

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