Summary of Bills Pertaining to
OSHA Regulation of Teleworkers
in the 106th Congress
This page summarizes three bills:
| This page was last updated on February 15, 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 did not become publicized until early January. It stated: "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." This opinion encountered immediate and intense opposition from Republicans in the House of Representatives, as well as teleworkers, their employers, high tech companies, and advocates for reducing traffic congestion. On January 6, Secretary of Labor Alexis Herman "withdrew" the opinion, and called for a "national dialogue" on the subject.
| See also, Tech Law Journal Summary of OSHA Proceedings Pertaining to Regulation of Teleworkers. |
On January 26, Assistant Secretary of Labor for Occupational Safety and Health, Charles Jeffress, submitted a statement to the House Education and Workforce Committee's Subcommittee on Oversight and Investigations in which he stated that "OSHA will not hold employers liable for work activities in employees' home offices."
Opponents of OSHA regulation of teleworkers are not satisfied with OSHA's statements, and are seeking passage of legislation that to make it clear that OSHA has no authority to regulate home offices.
In addition, Rep. Frank Wolf (R-VA), has suggested that he might use the appropriations process to limit OSHA authority. He is Chairman of the Transportation Subcommittee of the House Appropriations Committee.
HR 3518, an untitled bill to exempt home offices from OSHA.
Sponsor. Rep. Tom Davis (R-VA). Initial cosponsors. Kevin Brady (R-TX), Robert Ehrlich (R-MD), Bob Goodlatte (R-VA), James Moran (D-VA), Connie Morella (R-MD), Frank Wolf (R-VA), Chris Cox (R-CA), Doc Hastings (R-WA), Kay Granger (R-TX), Mark Souder (R-IN), Frank LoBiondo (R-NJ), George Nethercutt (R-WA), George Gekas (R-PA), John Sununu (R-NH), Lamar Smith (R-TX).
Summary. HR 3518 IH amends the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)) by exempting home office workers. The specific language is that:
"Nothing in this Act shall apply to employment performed in a workplace through the use of a telephone, computer, or other electronic device which is located in the residence of the employee engaged in such employment."
The words "through the use of a telephone, computer, or other electronic device" limits the scope to home office workers. For example, fabrication of computer hardware components in the home would not be excluded from OSHA regulation.
Status. HR 3518 was introduced on January 24, 2000 (the first day of the Second Session of the 106th Congress).
Legislative History with Links to Related Materials.
HR 3530, Home Workplace Preservation Act of 2000
Sponsor. Rep. Clay Shaw (R-FL). Original Cosponsors. Spencer Bachus (R-AL), Dan Burton (R-IN), Tom Coburn (R-OK), Randy Cunningham (R-CA), Tom Davis (R-VA), Thomas Ewing (R-IL), Bob Franks (R-NJ), Jim Gibbons (R-NV), Bob Goodlatte (R-VA), Porter Goss (R-FL), Rick Hill (R-MT), Nancy Johnson (R-CT), Steven Kuykendall (R-CA), Dan Miller (R-FL), Rob Portman (R-OH), Deborah Pryce (R-OH), Mac Thornberry (R-TX), Zach Wamp (R-TN). Additional Cosponsors. Henry Bonilla (R-TX), James Greenwood (R-PA), Asa Hutchinson (R-AR), Steve Largent (R-OK), John McHugh (R-NY), Scott McInnis (R-CO), Sue Myrick (R-NC), Anne Northup (R-KY), Joseph Pitts (R-PA), Mark Souder (R-IN), Patrick Toomey (R-PA).
Summary. HR 3530 IH, like HR 3518, amends the Occupational Safety and Health Act of 1970. However, it uses broader language. It provides:
"Nothing in this Act shall apply to employment performed in a workplace which is located in the residence of the employee engaged in such employment."
HR 3530 applies to all home employment, while HR 3518 only applies to home employment "through the use of a telephone, computer, or other electronic device".
Status. HR 3530 was introduced on January 24, 2000.
Legislative History with Links to Related Materials.
HR 3539, Home Office Protection Enhancement Act
Sponsor. Rep. J.D. Hayworth (R-AZ). Initial Cosponsor. Ron Paul (R-TX). Additional cosponsors. Richard Armey (R-TX), Bill Barrett (R-NE), Howard Coble (R-NC), John Duncan (R-TN), Joel Hefley (R-CO), Van Hilleary (R-TN), Kim Kolbe (R-AZ), Matt Salmon (R-AZ), Bob Stump (R-AZ), Tom Tancredo (R-CO).
Summary. HR 3539 IH is essentially the same bill as HR 3530 IH. See above summary.
Status. HR 3539 was introduced on January 27, 2000.
Legislative History with Links to Related Materials.
HR 3588, an untitled bill
Sponsor. Rep. Tom Campbell (R-CA). Initial Cosponsor. Ernest Istook (R-OK).
Summary. HR 3588 IH is similar to previously filed bills on this topic. It would amend the OSH Act by providing that,
"Nothing in this Act shall apply to employment performed in a workplace which is located in the residence of the employee engaged in such employment unless (A) the employment involves hazardous materials; or (B) the workplace was created so that this Act would not apply to the workplace."
Status. HR 3588 was introduced on February 8, 2000.
Legislative History with Links to Related Materials.
HR 3643, American Telecommuter Protection Act
Sponsor. Rep. Greg Walden (R-OR).
Summary. HR 3543 IH is a short bill which amends the Occupational Safety and Health Act of 1970 by adding the following: "Nothing in this Act shall apply to employment performed in a workplace which is located in the residence of the employee engaged in such employment."
Status. This bill was introduced on February 10, 2000.
Legislative History with Links to Related Materials.
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