What is the digital economy?

The digital economy refers to the digitalisation of commercial operations and economic activities conducted on an online platform, which has become prevalent in many economic sectors, and has established a variety of options to incorporate data and the internet in production processes and business models.

The Guide makes specific reference to telework, call centres and platform work as examples of work conducted via electronic devices and online platforms at the employer’s premises, or in a “hybrid” format (a combination of remote work and working at the employer’s premises).

Risks in the digital economy

With the rise of digital and hybrid work, along with advancements in technology, new workplace risks have emerged. These include ergonomics (which would centre upon the risks of sitting for long hours; awkward postures), physical (working in confirmed spaces), psychological (mental health aspects; biological risks), and other such safety risks. While remote work blurs the lines of employer liability, companies remain responsible for ensuring the occupational health and safety of employees, even when they work from home.

Under section 8 of the Occupational Health and Safety Act 85 of 1993, as amended (OHS Act), employers have a duty towards their employees to provide and maintain a safe working environment, free from health and safety risks. In terms of section 9 of the OHS Act, this obligation extends to third parties and independent contractor employees, meaning that if an accident occurs during or as a result of someone’s work, a company that is not their direct employer could still bear responsibility if they are affected by that company’s business operations.

To mitigate risks, both employers and employees should implement clear health and safety measures tailored to suit digital workspaces. Proactive policies are necessary to ensure compliance and protect parties in this evolving work environment.

Key takeaways: An employer’s role in risk management

Risk assessment

Employers must identify risks and hazards in the “workplace” and determine the degree of risk associated with them. Employers should implement appropriate control measures after considering the working environment (ventilation, temperature, noise levels), as well as the nature of the work being conducted and the specific needs of employees in these various scenarios. This process extends beyond employees in direct employment and includes people who may be affected the by the employer’s workplace activities.

Risk control

Employers should prioritise eliminating risks as far as reasonably practicable and, where a complete elimination is not possible, engineering controls should be considered (such as improving ventilation systems, repairing defective lighting and ensuring an appropriate workplace setup). Additionally, administrative controls, including internal policies, workplace procedures and health behaviour counselling for employees, should be considered to further mitigate risks.

Once control measures are in place, employers should establish an appropriate action plan that includes regular inspections and reviews to ensure the ongoing effectiveness of risk management strategies. This may be challenging where access to the “workplace” for inspections is limited and not guaranteed. Employers need to be agile in considering effective alternatives such as the use of checklists to gauge appropriate measures that could manage identified risks.

Record keeping and review

While employers must be aware of workplace risks, there are opportunities to enhance safety through tools such as accident reporting software, health and safety awareness programmes and related systems, and virtual employee training programmes. Implementing these measures can help prevent incidents and improve overall workplace safety.

Employers are required to maintain detailed records, including risk assessments and occupational exposure monitoring, and to retain medical surveillance records for up to 40 years. Additionally, records of implemented control measures and their maintenance are to be kept for at least three years. These records may be stored electronically or in hard copy, provided they remain readily accessible.

Given the long latency period of many occupational diseases, maintaining and regularly reviewing and updating these records would be essential.

Risk assessments should be reviewed at least every two years, or sooner if new information arises or a workplace incident occurs.

Checklist for employers and employees

The Guide provides a comprehensive checklist for both employers and employees to ensure practicality when making an assessment of digital economy workplaces. The checklist covers all aspects of workplace health and safety, including appropriate seating, suitable desks and hardware, proper ventilation, the prevention of harmful pollutants, etc. It also covers the need to ensure reasonable workloads and make provision for employee recognition and support.

Conclusion

As the digital economy continues to evolve and permeate the workplace, it is essential for employers and employees to prioritise occupational health and safety generally. This is achieved by taking heed of the measures outlined in the Guide. In this way, employers can manage and control risks more effectively and create awareness of potential risks. That way employees can also take proactive steps to safeguard their well-being by ensuring support and improvement of their work environment, especially as they, too, carry such obligations