After an
uproar over an OSHA advisory, asserting federal workplace safety rules
extend to employees homes, the agency has reversed itself, declaring it
will not hold employers responsible for conditions in workers’ home
offices.
However, the
Occupational Safety and Health Administration will enforce safey
regulations for other kinds of work done at home, particularly piecework
for manufacturers, an agency official said.
In a
separate action, the agency announced Thursday it is extending for an
additional 30 days the public comment period on controversial workplace
ergonomic standards.
An estimated
19.6 million Americans work at home at least one day a month, up from 4
million in 1990.
The OSHA
policy toward telecommuters is described in testimony prepared for a
Senate hearing but not yet delivered.
In the
written testimony, Assistant Labor Secretary Charles Jeffress, who
oversees OSHA, said the agency will not inspect home office, does not
expect employers to inspect them and will not hold employers responsible
for work activities performed there.
"OSHA hold
employers responsible only for work activities in home workplaces other
than home offices, for example, where hazardous materials, equipment or
work processes are provided or required to be used in an employee’s
home," Jeffress said.
Labor
Department spokesman Carl Fillichio said an official department
directive will follow within 30 days.
OSHA
provoked a storm over the issue with an interpretation letter issued to
a Houston credit services company that asked for guidance on its
responsibilities regarding office workers allowed to work at home.
OSHA
asserted in that letter that employers are liable for "reasonably
foreseeable hazards created by (workers) at-home employment" and
suggested periodic inspections home work areas by company officials.
After
business lobbying groups and Republican congressional leaders denounced
the agency’s position, Labor Secretary Alexis Herman rescinded the
letter but did not concede any errors in it at the time.
In his
testimony, Jeffress acknowledges the letter "suggested OSHA policy where
no such policy exists, and I regret the unintended consequences it
caused." He said the agency’s system for reviewing interpretations
letters "failed to raise this issued to the appropriate level."
The
controversy over OSHA’ handling of home office work comes as businesses
are attacking the agency for separate proposed ergonomic standards that
would require employers to design work conditions to avoid injuries from
repetitive strain, such as carpal tunnel syndrome suffered by date entry
workers.
Extending
the public comment period on ergonomic standards means regulations will
be delayed another 30 days.
Senator Mike
Enzi (R-Wyo) chairman Senate Subcommittee on Employment Safety and
training, said he is "pleased with the direction Mr. Jeffress’ testimony
took" on regulating home offices.
Jennifer
Krese, the director of employment policy for the National Association of
Manufacturers said "the words look good on paper" but she wanted to
reserve judgment until after detailed questioning at a congressional
hearing.
Peg
Seminario, health and safety director for the AFL-CIO, said the union
was "generally ok" with the Labor Department’s new position.
By Mike
Dorning
Published:
Friday January 28, 2000
