Working from home WHS checker

Answer seven questions about staff who work from home to see which legal duties you have covered, what to check, and what is recommended but not required.

Figures checked 5 November 2026. Free to use, no sign-in.

Victoria and Western Australia have their own Acts; the tool switches to them.

For staff who work from home, do you have…

Physical risks at home identified and controlled (workstation, electrical, trip hazards, lighting)
Psychosocial risks identified and controlled (isolation, workload, hours, contact)
Workers who work from home consulted about their set-up and risks
Incident reporting covers injuries and incidents at home
Regular contact, and a way to raise concerns or get help
Written working from home policy or agreement
Home workstation self-assessment, reviewed by you

Working from home safety

On your answers

1 legal duty gap

Work health and safety duties apply wherever work is done, including at home. Your regulator is SafeWork NSW, under the Work Health and Safety Act 2011 (NSW).

Legal duty gaps

  • A serious injury while working at home can be a notifiable incident. Make sure workers report home incidents and you know when to notify the regulator (s 38). Notifiable incident checker

Check

  • Identify and control psychosocial hazards such as isolation, high workload and blurred hours (r 55A–55D). The psychosocial risk self-assessment can help. Psychosocial risk self-assessment

Recommended, not legally required

  • Not legally required, but a written policy or agreement is the simplest evidence the risks are managed. The working from home policy builder drafts one. Working from home policy builder

In place

  • Physical risks at home identified and controlled (workstation, electrical, trip hazards, lighting)
  • Workers who work from home consulted about their set-up and risks
  • Regular contact, and a way to raise concerns or get help
  • Home workstation self-assessment, reviewed by you

Source: ss 19, 38 and 47–49 of the Work Health and Safety Act 2011 (NSW); r 55A–55D of the Work Health and Safety Regulation 2025 (NSW).

General information, not legal advice.

How this works

Legal duties: managing physical and psychosocial risks, consultation, incident reporting and contact. These come from the primary duty of care, the consultation and incident notification sections of the WHS Act (or Victoria’s OHS Act), and the psychosocial regulations.

Recommended evidence: a written policy or agreement and a home workstation self-assessment. Missing these is never counted as a gap.

Unsure: an unsure answer becomes something to check, never a gap.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

Do WHS laws apply when staff work from home?

Yes. Your duty to ensure health and safety so far as is reasonably practicable applies wherever the work is done, including a worker’s home. In Victoria the employer’s duty is in s 21 of the OHS Act; elsewhere the primary duty is in s 19 of the WHS Act.

Is a working from home policy a legal requirement?

No. The law requires you to manage the risks, consult and handle incidents. A written policy or agreement and a home workstation checklist are the usual way to show you have done that, so they are recommended rather than required.

Is an injury at home a notifiable incident?

It can be. If a worker dies, is seriously injured or ill, or there is a dangerous incident arising out of the work, the notification rules apply at home just as they do at your premises.

What psychosocial risks come with working from home?

Common ones are isolation, workload that is hard to see, long or blurred hours, and poor support. They must be identified and controlled like any other psychosocial hazard.

Related tools

All tools
CheckerNotifiable incident checkerCheck whether a workplace death, injury, illness or dangerous incident must be reported to the WHS regulator, how fast, who to call and what records to keep.Open checker CheckerPsychosocial risk self-assessmentRate the 14 common psychosocial hazards to build a ranked risk register, with the psychosocial regulations that apply in your state or territory.Open checker CalculatorWorkplace amenities calculatorWork out the toilets, urinals, washbasins and drinking water points a workplace should have from its headcount, under the code of practice for your state.Open calculator

Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

See plans