OSHA Plans to Regulate Teleworkers

(January 5, 2000) OSHA issued an advisory opinion which requires employers to treat the homes of their employees who telecommute as "workplaces", and bring them into compliance with OSHA regulations.

Related Documents
OHSA Advisory Opinion, 11/15/99.
Occupational Safety and Health Act.

The Occupational Safety and Health Administration (OSHA), which is a part of the Department of Labor, issued its advisory opinion back on November 15, 1999. However, it was not publicized until this week.

The advisory opinion states, in part, that:

"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 opinion goes on to discuss the employers' responsibility to ensure that homes comply with OSHA regulation with respect to various matters, including the following:

Tech Law Journal Summaries
Summary of Bills Pertaining to OSHA Regulation of Teleworkers in the 106th Congress.
Summary of OSHA Proceedings Pertaining to Regulation of Teleworkers.

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."

The OSHA advisory opinion also added that OSHA would not enforce the Americans with Disabilities Act on home offices, but only because "OSHA does not have statutory authority in this area."

The advisory opinion was issued to a company in Dallas that wanted to allow some of its sales workers to work at home. CSC Credit Services wrote to OSHA on August 21, 1997. The time lapse between the inquiry letter, and OSHA's issuance of the opinion was over two years.

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.

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.