Safety Science 41 (2003) 339–358

www.elsevier.com/locate/ssci

Telework and occupational health: a Quebec

empirical study and regulatory implications
Sylvie Montreuila,*, Katherine Lippelb
a
Département des Relations Industrielles, Université Laval, Quebec, Canada G1K 7P4
b
Département des Sciences Juridiques, Université du Québec à Montréal, Quebec, Canada

Received 1 June 2002; received in revised form 4 September 2002; accepted 1 October 2002

Abstract
This article addresses occupational health issues associated with home based telework.
Relying on a literature review, an overview of empirical research and the results of six case
studies conducted within Canadian-based organisations, the authors present findings from an
interdisciplinary perspective that takes into account the social, ergonomic and regulatory
issues relevant to health and safety of teleworkers. The case studies as well as the literature
review showed that home based telework is generally seen by workers as having a positive
effect on their health, although potential problems arising from work station design, long
hours and isolation were identified. The analysis of the legal framework governing OHS of
teleworkers in Quebec showed that most legislation theoretically applied to teleworkers, but
there was some concern as to whether protective provisions governing prevention and com-
pensation for injury were effectively applied to home based telework.
# 2002 Elsevier Science Ltd. All rights reserved.
Keywords: Layout; Ergonomics; Musculoskeletal problems; Stress; Isolation; Labour law; Home workstation

1. Introduction

Since the mid-1980s, telework has taken on an increasingly important role in the
wake of technological innovations, major advances in the speed and power of elec-
tronic equipment, as well as a steady drop in their price. This has sparked growing
interest among organisations in the use of telecommuting as a means to increase
flexibility, both in terms of employee needs (life-style, employee education), and

* Corresponding author.
E-mail addresses: sylvie.montreuil@rlt.ulaval.ca (S. Montreuil), lippel.katherine@uqam.ca (K. Lippel).

0925-7535/03/$ - see front matter # 2002 Elsevier Science Ltd. All rights reserved.
PII: S0925-7535(02)00042-5
340 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

organisational structure. From these so-called ‘‘atypical’’ measures, important

questions have emerged regarding the impact on worker health and safety, OHS
management and legal issues. This article looks at some of the consequences to
workers’ health of telework and examines the application to telework of the tradi-
tional legal framework governing rights and obligations of employers, employees
and administrative agencies traditionally responsible for promoting worker health
and safety. The legal analysis is specific to Quebec, but provides information
regarding issues that need to be examined in all jurisdictions where telework is on
the increase. Although research on these issues is relatively new, this article will
provide an overview of current knowledge and a summary of results from our
empirical study conducted within six Canadian-based organizations where the tele-
workers retain their status as paid employees of the organisation, despite the fact
they work from home.
The first challenge in an attempt to quantify the manpower involved in telework,
is to refer to a widely-accepted definition, which does not seem to exist. One pro-
posed definition is ‘‘an employed or self-employed person using a remote computer
consultation system within the context of his work’’ (Tremblay and Le Bot, 2001).
In the view of these authors, telework can be characterized according to four vari-
ables: (1) the premises (home or other); (2) the teleworker status (wage-earner or
other); (3) time period (proportion of time spent outside the organisation’s offices,
which determines whether teleworker is full- or part-time); and (4) computer con-
nection (on-line or not).
In Europe, telework often takes place in telework centres, shared by groups of
employees from several companies or in a satellite office, involving employees of a
single company. In Quebec, these formats are less common and telework more fre-
quently involves working from home. Our case studies and reflections presented in
this article focus on full-time salaried teleworkers, employed by a company and
working full- or part-time from home, with a technological connection. This defini-
tion is more restrictive than most found in the literature, in that it excludes self-
employed workers.
Felstead and Jewson (2000) showed that the scope of telework is difficult to
accurately assess, due to the many definitions proposed. In Europe, the 1996 data
analyzed by these authors focused on persons spending at least 50% of their work-
ing hours at home and showed Denmark as having the highest proportion of the
active population involved in telework (11%), followed by Belgium (10.1%). In
seven of the fifteen European countries, this figure varied between 4.6 and 7.1%.
These data may or may not include self-employed workers. In the United States,
there is an estimated 8–20 million teleworkers, depending on the definition, which is
often unspecific. Data from Canadian surveys conducted in the 1990s do not make a
distinction between telework and working from home. The Canadian federal gov-
ernment alone employs 5000 teleworkers.
What motivates employers and employees to adopt telework? Solomon and Tem-
pler (1993) surveyed 91 Canadian companies. Their consultations with managers
suggested that more than 50% believed in the potential of telework as a means to
increase productivity and work quality. Other arguments include: reduction of costs
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 341

associated with not having to commute, a means of retaining or recruiting staff and
greater flexibility for employees. At the individual level, Bourhis (2001) reported
essentially: improved quality of life, in both personal and professional terms. Tele-
workers were seeking: a better environment, to save and manage their time more
efficiently, to reduce work-related expenses and to achieve a good balance between
work and family. We should also point out there seems to be a general consensus
regarding these findings in both the scientific and popular literature. They also seem
to be generally accepted by managers and teleworkers alike, in the six case studies
conducted in Quebec.

2. Objectives

This article has three objectives. First, we examine the important issues raised in
the field of occupational health, by identifying recognized or anticipated health risks
associated with this type of work. Secondly, we provide within these sections of the
literature review, an overview of empirical research, compiling the results of six case
studies conducted within Canadian-based organisations having adopted this work
approach. Lastly, we examine the legal framework governing occupational health
and safety of teleworkers in Quebec.

3. Methodology

The results presented in this article are based primarily on a broad research pro-
ject conducted by the CEFRIO [the Francophone study centre for research on
innovation in organisations (Québec)], entitled Telework: how to balance perfor-
mance with quality of life. Government organisations, private companies and unions
collaborated with the CEFRIO in defining research questions that they deemed
essential. The research was conducted between 1998 and 2001, by a multidisciplinary
team of researchers documenting the societal, legal, organisational and individual
aspects of telework. This involved determining the current state of knowledge of
these aspects, conducting a broad survey of the population and carrying out case
studies within six organisations.
Four organisations in the public sector (ministries, government agencies, hospi-
tals) and two in the private sector (communication and computer industries),
employing teleworkers, agreed to participate in the study. The qualitative approach
consisted in establishing questionnaires and rating scales (based on a literature
review) for various telework stakeholders: managers, supervisors, union representa-
tives, teleworkers, colleagues working at the office (a total of 103 individuals). These
tools were designed to find out how and why telework was adopted by these persons
and organisations and their assessment of it. Based on the literature review, the
occupational health issues were integrated in the interview guidelines and ques-
tionnaires with regard to: schedules or absences; layout and equipment used; mus-
culoskeletal problems; stress and isolation.
342 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

4. Characteristics of teleworkers and working conditions

A total of 63 teleworkers, working for six different organisations, were interviewed

by CEFRIO researchers. Most respondents were between 36 and 45 years (n=40),
17 were over 46 years and only six fell into the 26–35 years category. Women accounted
for 60% of the teleworkers. We should point out that, as the minimum seniority level of
beginning teleworkers varied from 5 to 10 years, our sample involved persons who had
been with the organisation for many years and had all volunteered for telework.
Half of the teleworkers (n=33) occupied support positions, such as telephone
receptionists, office clerks, support staff or specialized secretaries. Almost 40%
(n=24) were professionals, administrative staff or sales representatives. There were
very few technicians (n=6).
Almost two thirds of the group (63.5%, n=40) are engaged in full-time telework
in three of the participating organisations. The regularity of in-office meetings with
supervisors or other teleworkers was variable: once a week, once a month, once
every 2 months. All considered the frequency of meetings as satisfactory. In the
sample, 23 persons (36.5%) carried out telework 3 or 4 days a week and spent the
remaining 1 or 2 days at the office.
While we did not analyse teleworkers’ actual activities, information obtained
during the interviews made it possible to identify two categories with regard to the
level of reliance of home-based work on telecommunications. In all, 34 teleworkers
from four organisations required computer equipment connected to a network to
perform their tasks, the great majority (30) of whom telework full-time, while the
tasks of 29 teleworkers were rated as having average or low reliance on tele-
communications. The three job categories (support positions, professionals and
technicians) were represented and with the highest portion being part-time tele-
workers (3–4 days per week). This work involved bringing files (paper medium)
home for analysis, drafting or meeting clients outside of the home.
The telework training offered, was quite variable. Less than 50% of the tele-
workers (41.3%, n=26) received training specific to the telework task. This involved
training—information sessions with supervisors lasting a few hours or a 4-week
training period that included a telework simulation. A total of six persons (10%) in
one organisation received training related to the concept of telework and to the
potential changes in personal and professional life-style. It is worth noting that the
teleworkers appreciated any training received, which they felt resulted in a shorter
and smoother adaptation period to telework. More than half of the persons
encountered in the six organisations did not have training at all and many of them
rated this as a shortcoming of the telework programme.
Lastly, we should point out that most teleworkers were satisfied with the super-
vision they received, but felt more autonomous than office staff. Others complained
of a longer response delay and rated interaction with supervisors as unsatisfactory.
However, the fact of being alone when performing tasks resulted in the development
of independent problem-solving skills. In this sense, the vast majority of the tele-
workers confirmed having honed their individual problem-solving skills, primarily
through their own efforts or with the support of other teleworkers.
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 343

It is important to specify that the teleworkers involved in our research were full-
time employees, teleworking on a voluntary basis and all performing their usual
tasks, i.e., none of the participants were temporarily assigned to telework (lightened
workload) or preventively reassigned for reasons of pregnancy.

5. Recognized health issues associated with telework

In the subsequent sections, we present a summary of a scientific literature review

focused on the following aspects: schedules and absences, layout of the premises of
the work equipment, musculoskeletal problems associated with computer use, iso-
lation and stress. We also include comments by the teleworkers interviewed in the
six organisations involved. Due to the format restrictions of this article, we are
unable to discuss all relevant themes. Thus, aspects related to safety and to balan-
cing work with family, while important, are excluded. (Interested readers are refer-
red to Montreuil and Fournier, 2001, as well as Cox et al., 2001).

5.1. Schedule and absences

The popular literature documents higher productivity among teleworkers than

other workers (Armstrong-Stassen, 1998; Gemignani, 2000; Piskurich, 1998; Reese,
2000; Wilkes et al., 1994). The results produced, therefore, will be better for the same
unit of time devoted to the work and declared as such to the employer. This higher
performance level is attributed especially to fewer interruptions and the flexibility
enjoyed by some teleworkers when planning their work schedule. Furthermore, as
most persons engage in telework by choice, they tend to be motivated to prove that
this alternative mode of work is successful. However, some authors suspect that this
seemingly improved productivity may also be due to longer work hours and heigh-
tened intensity while working (Kurland and Bailey, 1999; Piskurich, 1998; Steward,
2000).
Almost all of the teleworkers who participated in our study claimed to have
increased their output since beginning telework (confirmed by supervisors) as
a result of fewer interruptions. However, they also felt that slower computer
and telephone systems (compared with the efficiency of those installed in the
office), hindered productivity. Many of them also reported working longer hours
during the initial weeks of working at home. Moreover, 16 of the 63 teleworkers,
in two of the six organisations, claimed that they were still working more hours
than required, a year after starting the telework. These 16 persons occupied prof-
essional, sales or management positions and enjoyed a certain latitude in terms
of organizing their work schedule, being able to start earlier and finish later,
while saving on commuting time. Teleworkers in one of the organisations, reported
this as being inherent to the company’s culture, such that their office-based col-
leagues also worked longer hours than those provided for by contract. In the other
organisation, there appears to be a work overload in the wake of staff and service
cutbacks.
344 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

We found that the teleworkers in our sample did not all have the privilege of a
flexible schedule, offered by only half of the six participating organisations to their
teleworkers (i.e. 24/63 teleworkers). The majority of teleworkers have strict sche-
dules, which are controlled because the on-line work is channelled through the
employer’s telecommunication network.
The available published data, generally indicate a drop in absenteeism among tel-
eworkers (Armstrong-Stassen, 1998; Kurland and Bailey, 1999; Piskurich, 1998;
Richter and Meshulam, 1993; Donohue Institute, 1995; Wilkes et al., 1994), as fewer
sick days are taken. Teleworkers will, for example, take a morning off rather than a
full day. As the work is done on-site at home and they do not have to commute to
the office, there is tendency to return to work more promptly, even before being fully
recovered. (Gemignani, 2000; Piskurich, 1998; Wilkes et al., 1994) They also take
less personal leave, as teleworking facilitates balancing work and family demands.
The six case studies reveal non-homogeneous results on this subject. In two orga-
nisations, a total of 15 teleworkers and their supervisors were interviewed and no
impact on absenteeism was reported. In the case of 31 teleworkers participating in
the study from two other organisations, supervisors reported fewer absences. The
teleworkers attributed this to shorter absences (a few hours instead of a full day).
We also heard testimony related to a prompter return to work than anticipated
(shorter absences), as teleworkers are not exposed to the risk of relapse related to
commuting. The part-time teleworkers in the two other organisations claimed that
they had not taken sick leave since beginning telework, even when they felt unwell,
in an effort to dispel their employers doubts regarding telework (to maintain the
‘‘privilege’’ of telework).

5.2. Layout of the premises and work equipment

The literature reviewed advised the use of a closed office, separate from the rest of
the home that is exclusively reserved for telework. This allows the worker to carry
out his tasks in peace and establishes a physical barrier between work and personal
or family life. In a pilot study focusing on self-employed teleworkers belonging to a
union in Germany (Ertel et al., 2000), 68% of the respondants reported working in a
room reserved exclusively for this purpose.
Indeed, all teleworkers interviewed from the six participating organisations con-
sidered it important to set up a workstation separate from family life or to arrange
being at home alone during working hours. Furthermore, 77% (49/63) of them had
a room exclusively reserved for their telework.
Although, the employer’s reduced control over the working environment is a
source of some concern in terms of compliance with standards, most teleworkers in
our study perceived themselves as winners in this situation, rating quality of the
home environment higher than the usual open lay-out of the office. They appre-
ciated the silence of the home environment, the better air quality and having control
over the temperature. Most indicated that these advantages enhanced their concen-
tration compared to the office (these same findings are reported in Mirchandani,
1999).
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 345

To ensure that employees have an adequate, safe, work station adapted to their
needs, employers should supply the necessary furnishings and material, according to
the same criteria as purchases made for traditional work. The employer should, at
the very least, participate in the choice of equipment, contribute financially, inform
and advise employees about health and safety issues and ergonomic criteria and
provide relevant training on health and safety issues (Budworth, 1999; Kurland and
Bailey, 1999; McClay, 1998).
Furnishings were supplied to most teleworkers in our study by their employer.
Some employers assumed moving and installation costs, while others left these
responsibilities entirely up to the teleworkers. 41.3% of the teleworkers in three
organisations received ergonomic support for installing their home-station, 25.4%
(16/63) were visited by an ergonomic consultant, 33.3% (21/63) received ergonomic
training and 17.5% (11/63) had internet access to a guide on ergonomically sound
environments. Thus, 59.7% of teleworkers were left to themselves, without technical
advice or training for installing their home-based workstation. Most considered this
oversight by their employer as a negative aspect of their experience, while those who
were offered support greatly appreciated it.
Employers should ensure that the computer and software provided are adapted to
the task, skill level and experience of the user, that they are used in an ergonomically
sound environment. Teleworkers should have a good understanding of the rules of
use and easy access to technical assistance in case of problems (European Founda-
tion for the Improvement of Living and Working Conditions, 1997a).
We found that computer equipment was supplied by the employer for 60 of the 63
teleworkers in our study. However, in six of these cases, the equipment supplied
consisted of lap-top computers without a conventional screen added, which was
deplored by these employees and is ill-advised. In fact, prolonged use of lap-top
computers may lead to back, neck, arm and hand pain, as well as headaches and eye
strain. Thus, it is appropriate to install traditional screens and keyboards whose
height and depth can be adjusted by the user to accommodate his or her body and
other equipment involved.
All respondents in our study reported having telephone access to technical assis-
tance, following similar procedures offered to employees working in the employer’s
premises. However, when more complex problems arise that cannot be resolved by
telephone, things become more complicated. For 31 of the 63 teleworkers employed
by two organisations, technicians will make house calls, but the wait is usually
longer than at the office. As to teleworkers in the other four organisations (32/63),
they had to bring the equipment to the office themselves to get more specialized
assistance.

5.3. Musculoskeletal problems associated with computer use

Home-based telework is usually performed with a computer as the principal

working tool. It is a recognized fact that computer use is often associated with a
static and constraining posture, repetitive movements, extreme positions of the
forearm and wrists, as well as long periods of continuous work (Cail and Floru,
346 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

1993). These risks are recognized for contributing to the development of mus-
culoskeletal problems in the neck, shoulders, wrist, hand and lumbar regions.
One strategy for preventing or attenuating the effect of these risk factors is the
use of properly designed equipment and furniture that can be adjusted to the
individual and the type of work. An adapted work station should allow the user
to enjoy more balanced and varied natural positions for the upper limbs and
back.
On the other hand, it seems that suitable equipment and adaptable furniture does
not guarantee adequate adjustment (Green and Briggs, 1989). Two possibilities
exist: user training and technical assistance for installation.
According to the scientific literature, there is a higher risk of musculoskeletal
symptoms when exposure level (duration) increases (dose–response relationship).
Furthermore, it is possible that a poor psychosocial work environment (poor task
content, heavy psychological demands and poor social support) may contribute to
musculoskeletal problems (Bongers et al., 1993). Moreover, having to respond to
clients within a time-constraint context and using computer equipment that is
poorly adapted to the clients’ needs, may result in a situation that is conducive to
the onset of health problems, particularly musculoskeletal disorders (Sznelwar et
al., 1999).
Some findings point to the possibility that teleworkers manifest more problems
than a group of workers in a traditional setting. Indeed, with fewer work interrup-
tions at home than in the office, exposure duration to risk factors could be pro-
longed. Workers must have enough self-discipline to take the necessary breaks and
work only during the period recommended for computer use. Unsupervised and in
the absence of socializing with colleagues, health-breaks are easily overlooked
(Budworth, 1999).
On the other hand, one would expect the positive psychosocial aspects of
working at home to reduce health problems. Indeed, it has been found that as
teleworkers generally work at home by choice, they are content with their status
and new home-based work environment (Hill et al., 1998). Being less exposed to
the negative psychosocial aspects of the office appears to delay the onset of
symptoms.
While we only have data for 33 teleworkers in our study, eighteen of them (54.5%)
complained of pain in their upper limbs, back or neck, which they attributed to
inadequate furnishings. Three workers had musculoskeletal injuries that resulted in
a total of 80 days absence in the preceding year. It appears that static posture,
computer use and lifting heavy objects had caused these injuries. Strategies in these
cases differed. In one case, the employer authorised the employee to take sick leave,
without making a claim for workers’ compensation. In a second case, although both
the worker and the employer had agreed that disability was attributable to work
factors, the workers’ compensation board (CSST in Quebec) refused the claim. In
the final case, although the teleworker was convinced that disability was related to
the long hours at his computer (VDU), he did not inform his employer that his
musculoskeletal problems were associated with work as he feared he would be
unable to convince the employer as to work-relatedness.
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 347

Also reported, were risks associated with frequent handling of heavy material,
such as the computer, documents (portfolios and files) that are transported by the
teleworkers between home and office. This cannot be dismissed, as it has been
indicated both by the teleworkers consulted in our study and in the literature
reviewed (Budworth, 1999). Protection measures regarding the health and safety
of teleworkers should take into account secondary tasks, apart from computer
use.

5.4. Mental health risks and psychological well-being

Mental health is an individual’s capacity to adapt to his environment. In the spe-

cific case of telework, it involves accepting a certain degree of isolation in terms of
work and colleagues, as well as some uncertainty, given that supervision is provided
in a different way.

5.4.1. Isolation
Teleworkers are removed from colleagues and the social life generally associated
with work. Therefore, social interaction and discussions about work are much more
rare and teleworkers are far from the action, projects, special mandates, eventual
promotions and the attention of supervisors. Teleworkers express fear of being for-
gotten by those working in the office. The objective condition of being away from
the workplace and colleagues can induce feelings of solitude and isolation. This is
considered the principal inconvenience of telework, both in personal and profes-
sional terms (Baugé, 1994).
The literature reviewed proposes different strategies for preventing solitude or
isolation and we found that most of the teleworkers involved in our study had
implemented these recommendations. The first involves a plan for teleworkers to
split their time between home and office, rather than working exclusively at home. It
is recommended to spend a minimum of 20% of working time in the office, calcu-
lated on a weekly, monthly or other basis (Armstrong-Stassen, 1998; Danish Con-
federation of Trade Unions, 1999; Fairweather, 1999). Half of the organisations
involved in our study chose time-sharing and the teleworkers concerned felt that this
regular presence in the office was sufficient to keep up-to-date, which does not pre-
clude communicating with other teleworkers for assistance or advice.
It has also been recommended that teleworkers be kept on information distribu-
tion lists, in order to receive the same information as other workers and that they be
invited to participate in meetings or special events. In our study, in those places
where telework was performed on a full-time basis, access to the company’s
communication network (intranet) was implemented and improved over time. In the
case of unionized teleworkers, after some delay, the diffusion system of union
information was adapted, in order to issue information to teleworkers. With respect
to part-time teleworkers, the fact of spending 20% of their working time in the office
appears sufficient to prevent feelings of isolation.
The third suggestion consists in setting up a network of teleworkers to enable
them to discuss, provide mutual assistance, support and create a social life among
348 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

co-workers. This could be achieved through regular e-mail correspondence, tele-

phone contact, occasional outings, etc. (Apgar, 1998; Armstrong-Stassen, 1998;
Wilkes et al., 1994). The great majority of teleworkers participating in our study
implemented this suggestion and found it essential to the smooth functioning of
their telework activities. In their view, these links also gave them a sense of belong-
ing to a work group, essential to their efficiency and as a means of dissipating
feelings of isolation.
In summary, the evaluation of the interviews with teleworkers from six organisa-
tions participating in our study, shows that the sense of isolation is rare and not
intense. These teleworkers report being little affected by this problem and easily
implement approaches for preventing solitude. Individuals dealing directly with cli-
ents (in person or by telephone) felt connected to the outside world. Teleworkers for
whom no weekly presence was required in the office, maintained important contact
with other teleworkers, either by e-mail, telephone or in the context of social occa-
sions; they perceived this contact as very important and sufficient to dispel a sense of
isolation, which they experienced intensely when beginning telework. The younger
teleworkers maintained greater contact with the office, as they said to maintain
‘‘visibility’’ (not to be overlooked for promotion or assignment to interesting case
files). Their older colleagues tended to have less contact and many hoped to continue
teleworking until retirement.

5.4.2. Stress
In the literature reviewed, one common denominator among teleworkers is that
telework reduces stress levels. The stress occasioned by commuting, morning and
evening, between home and the office is reduced. They report appreciation for no
longer having to worry about lost time while commuting, heavy traffic, traffic jams,
fear of being late for work and the sense of always being on the run (BSF, 1997;
Gainey et al., 1999; Kurland and Bailey, 1999; Piskurich, 1998).
There is also a decrease of stress attributable to the perception of having control
over their work (environment and work schedules), as well as their personal and
family life. Moreover, teleworkers report deriving greater satisfaction from their work
(Mirchandani, 1999; Piskurich, 1998; Donohue Institute, 1995; Wilkes et al., 1994).
On the other hand, work-related stress may increase when teleworkers find them-
selves having to deal with situations alone during long stretches without support.
One recurring complaint concerns insufficient technical support for smooth func-
tioning of equipment, computer tools, communication systems, etc. Employers
should ensure that teleworkers enjoy easy and rapid access to assistance services.
Stress may also increase when individuals have work overloads or do not receive
feedback on work performance and quality. Supervisors should, therefore, offer
support to all workers, even those working at a remote location (European Foun-
dation for the Improvement of Living and Working Conditions, 1997a).
Lastly, some teleworkers may experience difficulty living in their ‘‘office’’ day and
night. They risk developing stress due to the omnipresence of the work to be
accomplished; the work is always there, at home 24 h a day, 7 days a week (Piskurich,
1998; Huws and Podro, 1995).
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 349

The great majority of teleworkers involved in our study reported lower stress
levels due to less commuting and as a result of having more control over work hours
and setting. They found that their new environment fostered better concentration
than at the office, where noise, frequent interruptions, open-space layout and
dubious air quality had a negative impact. They had a sense of increased control
over their lives, in general, with better conciliation of work and family, being less
rushed than when they worked in the premises of the organisation.
In terms of work performance, teleworkers did not experience more stress than at
the office, as they felt more productive. However, they emphasised the importance of
establishing specific performance standards and of being kept informed about eval-
uation processes in effect. Indeed, the sales managers in our sample reported a lack
of precise fixed objectives as a source of dissatisfaction. Two sales managers, both
working for the same organisation, had suffered professional burnout and were off
work for three months. Some teleworkers also noted, when beginning telework, a
level of temporary stress linked to the fact that their absence from the workplace
made them less ‘‘visible’’ to their supervisors, who they feared, may doubt their
efficiency or, overlook them for interesting case files or tasks.

6. Telework, occupational health and safety and the law

Telework raises legal issues in the field of occupational health and safety in two
ways: (1) Teleworkers, like any other employees, are governed by legislation des-
tined to prevent occupational injury and disease and to provide compensation when
they occur. When work is based in the home, certain facets of these legal rules
sometimes need adaptation. (2) Home-based telework can be seen as a relevant
alternative for on-site workers who are injured or disabled, and special rules govern
these situations. We shall examine in turn each of these avenues of reflection. The
regulatory system discussed here applies to employees. The self-employed are only
exceptionally covered by workers’ compensation legislation in Quebec and occupa-
tional health and safety legislation applies only peripherally to the self-employed.

6.1. Legal rules governing the health, safety and compensation of teleworkers

The rights and obligations of home-based teleworkers and their employers under
Quebec occupational health and safety and workers’ compensation legislation are
very similar to those that would apply to any other employer-employee relationship,
at least with regards to most issues. Unlike that of some jurisdictions (France, Bel-
gium and, to a lesser extent, British Columbia, in Canada), Quebec labour legisla-
tion does not contain provisions specific to homeworkers (Bernstein et al., 2001), so
general labour law applies. Canada has not ratified the International Labour
Organisation convention on Home-Work (ILO, 1996), but many of the principles of
the Convention are already applied in practice in Quebec. It must, however be
remembered that even when labour law in a given jurisdiction specifically regulates
homework, enforcement remains a problem (Vega Ruiz, 1996).
350 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

In theory, work accidents that happen in the home will give rise to the right to
workers’ compensation benefits, and several judgements have been rendered by
specialised administrative tribunals granting compensation for accidents in the home
(Bernstein et al., 2001). Occupational disease related to computer use has been
recognised to be compensable under Quebec compensation legislation (Lippel,
1998b; Godbout, 2000), and the fact that the computer use (or overuse) takes
place in the home rather than in the employer-controlled workplace does not
affect the right to compensation. Workers’ compensation law in Quebec, as in
most North American jurisdictions, is a ‘no fault’ system, and employer control
of the physical workplace where the accident occurs is not a precondition to
compensation.
In practice, however, workers involved in our study were often confused about
their rights, and there was some evidence that they continued to work in spite of
injury. Some mistakenly believed they had the right to compensation only if they
were injured while they were actually doing their job, and that injury occurring
during activities incidental to employment was not compensable. Others who had
suffered from physical or psychological illness in circumstances that could have led
to the granting of workers’ compensation benefits preferred not to claim for dis-
ability, and often had not even informed their employer, for fear of losing the ‘pri-
vilege’ of working at home.
While the phenomenon of under-declaration of work-related disability exists in
on-site workplaces as well (Morse et al., 2000), the fact that no one witnesses the
worker either at the time of injury or during the subsequent period where the worker
continues to work while injured makes it easier to camouflage injury. Isolation may
lead to an ill-informed workforce, in the absence of opportunities for shared
knowledge which could serve to prevent more serious disability and to rapidly
inform workers as to the dangers of working while in pain. Employers often express
fears that home-based work accidents, if compensable, will give vent to a rash of
unverifiable claims (Holland et al., 1999). Our study seems to suggest the contrary,
that the invisibility of the teleworker facilitates camouflage of injury rather than
exaggeration of claims. One of the most important recommendations of the ILO
regarding homework is that regarding the right to information (ILO, 1996). This
becomes particularly important in the field of health and safety, where misinforma-
tion may lead to serious disability.
Workers’ compensation legislation and occupational health and safety rules apply
to employees but do not often apply to the self-employed. Quebec law provides for
coverage for self-employed semi-dependant contractors while voluntary coverage is
possible for the truly independent contractors. Workers’ Compensation laws in
other Canadian provinces only compensate employees or those who have paid their
own premiums to the Workers’ Compensation Board (Bernstein et al., 2001).
Although working at home does not transform the work contract from an employer-
employee relationship to one of self-employment, many people believe or are led to
believe that they become self-employed by the very fact of working at home. There is
some evidence, from studies done outside Quebec, that working at home leads to the
assumption by both workers and employers that labour and social security legisla-
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 351

tion of any kind is inapplicable (Fitzpatrick, 1998; Mayhew and Quinlan, 1998,
1999; Quinlan and Mayhew, 1999).
The same may be said of occupational health and safety law. Quebec’s legislation
was enacted in 1979, at a time when the issue of home-based work was not of pri-
mary concern. While most provisions apply easily to home-based work, the specific
wording of some provisions could lead to the conclusion that the obligations of the
employer are somehow different when work is done in a private residence. For
instance, the law provides both that employers are responsible for health and safety
in ‘‘any workplace’’, and that they must provide for appropriate equipment in
‘‘establishments under their control’’. It could be contended, on the basis of the first
provision, that ergonomically sound equipment must be provided to the home-
worker at the expense of the employer. Under the second provision, the employer
could contend that the obligation does not exist when work is done in the worker’s
home, which is not controlled by the employer. Manifestly both statements can not
be true, but the increased prevalence of home-based work may serve, because of this
type of ambiguity, to deregulate occupational health and safety in these sectors
without legislative intervention. Given the spirit of the Quebec Occupational Health
and Safety Act, which promotes prevention by eliminating danger at source (s. 2), a
good case can be made for a broad-based application of ambiguous provisions
(Interpretation Act, s. 41). Nevertheless, clearer language could be added either to
the Act itself or to regulatory provisions in order to dissipate current ambiguity.
Contradictory policy regarding homework arises in other Canadian jurisdictions
as well. In Ontario and New Brunswick, for instance, exclusion of legislatively
defined ‘‘outworkers’’ from the purview of the Workers’ compensation legislation,
leads to the conclusion that home based garment workers are not eligible for bene-
fits, while teleworkers, who do not perform manufacturing work, could be covered
(Bernstein et al., 2001). Interviews with spokespersons in these provinces confirm
that such outcomes are accidental and not by design; modernisation of legislation to
more appropriately circumscribe the rights and responsibilities of stakeholders
would be appropriate both in Quebec and in other Canadian provinces.
One issue that is particularly delicate is that of inspections by occupational health
and safety inspectors. Quebec legislation uses language that is broad enough to
permit inspection in private homes, yet the administrative authority responsible for
inspection (CSST) is understandably reticent to undertake such inspections, parti-
cularly in light of privacy law. While it is clear that inspectors have the authority to
enter a worker’s dwelling at his or her request, unsolicited inspections might give rise
to objections based on human rights legislation. Both the Quebec Charter of Rights
and Freedoms and the Quebec Civil Code provide for the right to privacy and this
right is never stronger than with regard to the home (Nadeau, 2000; Cox et al.,
2001). Nevertheless the Supreme Court of Canada has held that a reasonable
expectation of privacy is diminished when those performing regulated activity chose
to do so in a private home, and it is quite likely that the right to inspect would
be upheld in the Courts (Comité Paritaire, 1994). British Columbia is the only
Canadian jurisdiction to have specifically adapted its inspection provisions to
homework, providing for various modalities depending on the degree of urgency
352 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

(Workers’ Compensation Act, B.C.). Although home inspections are legally possible
in many Canadian jurisdictions, including Quebec, interviews with agencies respon-
sible for health and safety showed that, in practice, no one could recall such an
inspection having ever taken place (Bernstein et al., 2001), and limited resources
make such inspections unlikely.

6.2. Telework to accommodate the injured or disabled

The Quebec Charter of Rights and Freedoms protects against discrimination on the
basis of handicap and imposes upon the employer the obligation to reasonably
accommodate a disabled person who wishes to obtain or maintain employment
(Demers, 1999). Similar provisions prohibit discriminatory treatment of pregnant
workers and promote reasonable accommodation of the worker who is pregnant.
The Quebec Occupational Health and Safety Act provides for protective reassign-
ment of the pregnant worker if her health or that of the unborn child is endangered
by her working conditions. If no appropriate reassignment is proposed by the
employer, she may cease to work and receive benefits until she is appropriately
reassigned or until the birth of her child (Lippel, 1998a). In order to request reas-
signment, the worker’s health must not prohibit her from working. The programme
only applies if the work itself is the source of danger to her health or that of the
unborn child.
The Quebec legislation governing workers’ compensation provides for temporary
reassignment of an injured worker whose injury is not yet consolidated but whose
rehabilitation would benefit from an active participation in the workplace.
In all these cases, home-based work, including telework, could be proposed as
reasonable accommodation or as an appropriate reassignment on a temporary basis.
These situations raise further legal issues, most notably regarding the voluntary
nature of the home-based work. In the United States, the case has been made that a
Court may impose upon the employer that a worker be allowed to work at home, as
a form of reasonable accommodation of a pregnant or disabled worker. In Quebec,
administrative tribunal decisions have concluded that home-based work may be
appropriate as a form of temporary reassignment or as an appropriate rehabilitation
goal (Bernstein et al., 2001).
While no Quebec decisions have considered specifically whether a worker can be
forced to work at home against his or her will, decisions from other Canadian jur-
isdictions have held this to be a violation of privacy (Simon Fraser, 1994). Questions
are also raised regarding management rights, and controversy subsists as to whether
the Court could force a recalcitrant employer to accept that the worker work from
home.
Employers and workers who wish to engage in a telework contract are free to do
so in Quebec, subject to provisions of collective agreements that may govern the
employment relationship in unionised workplaces. Stakeholders who wish to
undertake such arrangements are well advised to provide solutions to anticipated
problems in contracts (collective agreements or individual contracts, depending on
whether the worker is unionised or not). Many issues regarding work accidents and
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 353

prevention are not subject to contractual redefinition. However clauses governing

the right to information both as to potential health problems and as to workers’
rights and obligations, the procedure applying when injury occurs and responsibility
for providing safe and appropriate equipment are among several that could be
negotiated to prevent future disputes while promoting a healthy telework environ-
ment (Mathevon, 2000; Cox et al., 2001).
Contractual arrangements should take into consideration the recommendations of
the International Labour Organisation, notably regarding equal rights for tele-
workers, including the right to safe equipment, the right to information regarding
work related risks and and the right to training. Special attention needs to be paid to
hours of work and sick leave, as there is evidence in our study that teleworkers do
not necessarily take breaks or sick leave in the same way they would were they to be
working in the premises of the employer.

7. Conclusion

In conclusion, we should point out that generally, teleworkers contacted in this

study view this mode of life as having overall health benefits. Three major highlights
in our study explain the enthusiasm of teleworkers for this lifestyle: elimination of
the inconveniences associated with commuting (time and stress) between home and
work, reduction of certain environmental hazards found in the office (dubious air
quality, noise problems of open areas inducing concentration difficulties, frequent
interruptions by colleagues or supervisors) and the promotion of conditions that
make it easier to balance work and family demands. The result is that most tele-
workers involved in the study felt less fatigue.
Teleworkers should be prepared to: deal with isolation, have a solid network of
colleagues and participate in it, maintain a balance between personal and profes-
sional life and be familiar with the appropriate procedures to follow when experi-
encing health problems. In our study, those who had received training related to
individual management of telework considered it very useful, while those who did
not receive training, generally reported a difficult adaptation period of variable
duration (stress, isolation, extended working hours in the initial months). However,
it is important to bear in mind the limitations of this study with respect to how
representative it is of telework as practiced in industrial societies. We should point
out that the individuals consulted in our study are teleworkers by choice who con-
tinue to hold the same salaried position. This is a far different scenario than the
working conditions of self-employed teleworkers, who are paid for the actual work
produced rather than the time spent working. Thus, our conclusions cannot be
extrapolated to such telework conditions.
Preventive measures against isolation are important. These include: integration of
the teleworker in a discussion network (discussion group, e-mail, telephone) with
other teleworkers; defined methods of supervision with their superior; regular and
planned time spent in the office; means of staying informed about what is going on
at the office (diffusion list, mail).
354 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358

The equipment and furnishings used should be ergonomically sound. In terms of

workstation lay-out, as teleworkers are left on their own on a daily basis, it is
important, when installing the home station, to provide training and/or technical
assistance to install equipment and furniture. This is an important preventive
measure, for both the health and efficiency of the teleworker and is also in keeping
with the spirit of legislation governing prevention. Furthermore, equipment should
be provided to facilitate handling of files and various equipment that must be
transported by teleworkers between home and work (office or clients).
However our study does lead to some troublesome questions, particularly in light
of the fuzzy legal framework governing telework and occupational health and
safety. The very fact that the teleworkers are so committed to working at home may
lead to less than optimal practices regarding health and safety, as workers accept to
work long hours in order to insure that their productivity meets or even surpasses
expectations. There was also some evidence of underreporting of disability as well as
examples of workers continuing to work when ill. Elements that were positive with
regard to mental health, such as the use of the intranet to promote social exchange
between colleagues, could have negative outcomes on musculoskeletal health,
because many more aspects of working life become dependant on computer use.
Because workers are very committed to continue to work from home, they may
tend to ignore work-related health problems or hesitate to request ergonomically
appropriate equipment.
Protective legislation generally applies to teleworking employees, but no amount
of legislation can promote worker health if the worker is unaware of or afraid to
exercise his or her rights. For the telework experience to be successful, certain pre-
cautionary measures could do much to avoid problems. A contractual agreement
between the employer and the worker (and the union when the worker is unionized)
can go far in dissipating misunderstanding. Clauses of such an agreement should be
modelled on the recommendations of the International Labour Organisation regard-
ing the right to equality with on-site employees, the right to clear information regard-
ing risks and responsibilities and the right to safe and secure working conditions.
Details regarding the types of clauses that should be included in a telework agreement
may be found in the legal report submitted to the CEFRIO (Cox et al., 2001).
Basically we found that, teleworkers and telework benefit from: clearly defined
tasks, assistance when needed, adequate layout and equipment, as well as sufficient
supervision and support from fellow teleworkers. This approach will contribute to
the teleworker’s ability to sustain good health.

Acknowledgements

The authors gratefully acknowledge the contribution of Irène Le Bot in the data
collection phase of this study and that of Isabelle Fournier for her assistance in the
literature review phase. Rachel Cox and Jacques Desmarais also participated in
the broader legal study of telework. This study was supported by the CEFRIO, le
Centre francophone d’informatisation des organisations.
 S. Montreuil, K. Lippel / Safety Science 41 (2003) 339–358 355

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