Summary of OSHA Proceeding Pertaining to
Applying OSHA Regulations to Teleworkers

This page was last updated on February 5, 2000.

Introduction. The Occupational Safety and Health Administration (OSHA), which is a part of the Department of Labor, issued an advisory opinion on November 15, 1999, which was not  publicized until the the first week of January 2000. The opinion stated that residences are covered by the OSH Act.

Excerpts from the
Occupational Safety and Health Act
 
Section 4. Applicability of This Act
  (a) This Act shall apply with respect to employment performed in a workplace ...
 
Section 5. Duties
  (a) Each employer --
   

(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;
   

(2) shall comply with occupational safety and health standards promulgated under this Act.
  (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
 
Section 17 Penalties
  (a) Any employer who willfully or repeatedly violates the requirements of section 5 of this Act, any standard, rule, or order promulgated pursuant to section 6 of this Act, or regulations prescribed pursuant to this Act, may be assessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willful violation.

OSH Act. The OSH Act does not contain any language to the effect that the OSHA can regulate homes. A word search of the OSH Act reveals that it does not include the words or phrases "telework," "telecommute," "work at home," or "home office". The word "home" appears only once in the statute. Section 7(c) covers compensation of OSHA experts and consultants for travel time and expenses. It uses the phrase "while away from their homes" in this sense.

OSHA Advisory Opinion. The November 15, 1999 advisory opinion states:

"The OSH Act applies to work performed by an employee in any workplace within the United States, including a workplace located in the employee's home. All employers, including those which have entered into "work at home" agreements with employees, are responsible for complying with the OSH Act and with safety and health standards."

The advisory opinion also states that while in some specialized situations OSHA would make periodic inspections of homes, the main responsibility for inspecting employees homes would rest with the employers.

"Employers must take steps to reduce or eliminate any work-related safety or health problems they become aware of through on-site visits or other means."

Withdrawal of Advisory Opinion. Once the advisory opinion become public, teleworkers, companies that employ teleworkers, and advocates of reducing traffic congestion and pollution expressed opposition. As a result of this opposition, likely Congressional action to reverse the opinion, and possible legal challenges, the Labor Department reversed itself.

See also, Tech Law Journal ummary of Bills Pertaining to OSHA Regulation of Teleworkers in the 106th Congress.

On January 5, Secretary of Labor Alexis Herman issued a statement "withdrawing" the advisory opinion. Then, on January 26, OSHA head Charles Jeffress gave a statement  to House Education and Workforce Committee stating that home offices are not covered by the OSH Act.

Chronology, with links to related materials.

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