OSHA Drops Controversial Telecommuting Policy

When the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) issued an advisory on teleworking, they caught high tech employers by surprise.  The advisory letter was written in November of 1999 in reply to a company seeking advice on OSHA’s requirements for employees telecommuting from home offices.  OSHA’s response: employers who allow their workers to work from home are responsible for ensuring the home work site does not violate federal health and safety regulations.  Such violations might include unsafe stairs, inadequate lighting, ergonomics, and poor ventilation.  If a telecommuting employer were to be injured or suffer disease as a result of working at home, they would be required to reports the incident at work as though it had happened on company property.

While OSHA made it clear that they would not perform inspections of telecommuters’ homes, nor require employers to make such inspections, the invasion of workers’ privacy was a perceived threat.  Any inspection that found unsafe working conditions would result in an fine against the employer, and the employer would be required to make whatever necessary changes to ensure compliance.

The OSHA advisory especially angered high tech employers, whose employees are in many cases able to spend at least part of their work week at home, using networked computers, laptops, email, modems, fax machines, and the telephone.

The advisory hit the public radar screen in a Washington Post article on January 4, 2000.  Business leaders and policy makers joined forces in denouncing the policy clarification.  Within days, the Labor Department rescinded  the letter, citing the “widespread confusion and unintended consequences” it caused.

There are many reasons why employers like being able to offer the telecommuting option to their employees.  Even having the option increases morale, even for those not taking advantage.  It shows a company’s commitment to helping employees achieve a good work-life balance.  Working from home also makes sense from an environmental and infrastructure point of view, as fewer people in fewer cars clog busy freeways.  Employees also find it an attractive option.

If this OSHA advisory had stood, it would have even affected employees who are not regular teleworkers, but even those who are answering emails from home at night or doing paperwork while tending a sick child.  And if this OSHA advisory had stood, it also would have meant that many if not most companies would simply have no choice but to cease allowing employees to work from home.

After rescinding the advisory, OSHA finally made its policies regarding telecommuting clear in an OSHA Instruction dated February 25, 2000.  OSHA praises the flexibility that telecommuting affords workers and employers.  Their policies now are:

For “Home Offices” (Office work activities, such as keyboarding or writing, in a home-based worksite, possibly involving the use of office equipment, such as a facsimile machine), OSHA will not conduct inspections of employees' home offices.  OSHA will not hold employers liable for employees' home offices, and does not expect employers to inspect the home offices of their employees.

For “Home-Based Worksites” (The areas of an employee's personal residence where the employee performs work of the employer), OSHA will only conduct inspections of home-based worksites, such as home manufacturing operations, when OSHA receives a complaint or referral that indicates that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, including reports of a work-related fatality.  The scope of the inspection in an employee's home will be limited to the employee's work activities. The OSH Act does not apply to an employee's house or furnishings.  Employers are responsible in home worksites for hazards caused by materials, equipment, or work processes which the employer provides or requires to be used in an employee's home.

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