Employees Working at Private Residential Homes of Clients : NS Labour and Advanced Education, Health and Safety

Do occupational health and safety laws apply to employees who work at the private residential homes of clients?

Yes. The employer is responsible for ensuring the health and safety of anyone they employ during all working hours. This includes employees working at the private residential homes of clients. Examples of occupations where employees may be required to visit or work in/at a client’s private home include:

  • Home health care workers
  • Social workers
  • Cleaning services
  • Home construction
  • Landscaping

What hazards could be faced by employees who work in or at client’s homes?

The employer is responsible for informing employees of any hazards of which the employer could reasonably be expected to have advance knowledge. Typical hazards an employee may encounter at a client’s home include

  • Poor condition of the premises such that it presents a health and safety risk for the employee while they are working in or around the home
  • Violence from clients or others living in the home
  • Robbery due to carrying money or drugs
  • Uncontrolled or aggressive pets

What strategies can the employer use to control or eliminate hazards?

It’s a good idea to establish minimum health and safety criteria for work in or at client’s homes. Examples of strategies an employer may use to control or eliminate hazards include:

  • Require the residence be in adequate physical repair such that it does not present a health and safety risk for the employee while they are working in or around the residence
  • Reduce the probability that employees will become targets of violence (this might include limiting or not carrying money)
  • Seek to make an agreement with the client that they will not smoke in the same room as the employee
  • Require pets to be contained away from the employee
  • Ensure the employee has a way of calling for assistance when they are in an isolated location (an example would be to provide a cell phone in these instances)

The employer’s occupational health and safety program, required by Section 28 of the Occupational Health and Safety Act where 20 or more employees are regularly employed, is to include provision for workplace inspections and investigations. This means the employer is required to ensure all workplace inspections and investigations are carried out in accordance with the program, including those in the private residential homes of clients.

What’s the role of the Joint Occupational Health and Safety Committee?

Where there are 20 or more employees employed at a workplace, the employer is required to establish a joint occupational health and safety committee. Where there are 5 - 19 employees employed, the employer must ensure a health and safety representative is chosen. The joint occupational health and safety committee or representative has the same rights, responsibilities and role regardless of the type or location of work. These roles include involvement in workplace inspections and accident investigations. For more information on joint occupational health and safety committees see the Occupational Health and Safety Division publication Joint Occupational Health and Safety Committees: A Practical Guide for Single Employer Workplaces (PDF: ! File not found) .

Do employees who work in client’s private homes have the right to refuse unsafe work?

Yes. Any employee may refuse to do any task they reasonably believe may be a health and safety hazard to themselves or others. See the Occupational Health and Safety Division publication Your Rights, Responsibilities, and the Occupational Health and Safety Act for more information on the right to refuse unsafe work.

How can I learn more?

To find out more about your responsibilities under the Occupational Health and Safety Act and regulations, contact:

Nova Scotia Department of Labour and Advanced Education
Occupational Health & Safety Division
5151 Terminal Road, 6th Floor
PO Box 697
Halifax, Nova Scotia    B3J 2T8

Phone: (902)424-5400 or 1-800-9LABOUR (in N.S.)
Fax: (902)424-5640
Secure Enquiry Form

Single copies of the Occupational Health and Safety Act, regulations, and related publications are available from the Occupational Health and Safety Division of the Department of Labour and Advanced Education at no charge. Most of these publications are also available in electronic form at the website listed above.