Despite Labor Secretary Alexis Herman's decision Wednesday to revoke an Occupational Safety and Health Administration advisory holding employers responsible for work-at-home employees' injuries, federal agencies remain responsible for the safety of employees who telecommute.
Herman Wednesday withdrew an OSHA advisory released Monday advising a Texas firm that it was responsible under federal occupational safety rules for ensuring the safety of employees who work out of their homes. Herman said the guidance was intended only for that firm.
"The letter has caused widespread confusion and unintended consequences for others," Herman said. "Therefore, OSHA is withdrawing the letter."
But under the Federal Employees Compensation Act, federal workers are covered by workers compensation regulations for work-related injuries that happen when they are working from home.
In guidance for agencies on supervising employees who work at home issued in 1993, the Office of Personnel Management said, "agencies should make sure that the telecommuting employee's worksite meets acceptable standards. Some agencies [require] employees to complete a self-certification safety inspection form. Onsite inspections (with adequate notice to the employee) are another option."
In Region 8 of the Environmental Protection Agency, based in Denver, Colo., employees fill out a checklist to ensure that their home offices are safe. Kris Jensen, who oversees the region's telecommuting project, said safety was one of the first concerns the region addressed when it implemented its project.
Region 5 of the Forest Service also requires employees to fill out safety self-certification forms, as does the National Institutes of Health for all of its divisions.
Questions on self-certification forms include:
- Is the work space free of asbestos-containing materials?
- Is the space free of indoor air quality problems?
- Is there a drinkable water supply?
- Are file cabinets and storage closes arranged so drawers and doors do not open into walkways?
- Are bathrooms available with hot and cold running water?
- Is all electrical equipment free of recognized hazards that would cause physical harm (frayed wires, bare conductors, loose wires, flexible wires running through walls, exposed wires fixed to the ceiling)?
The Forest Service Region 5 telecommuting agreement mandates that employees allow the agency to inspect home work stations for safety standards, as long as the agency gives employees 24 hours notice.
In EPA Region 8, if an employee answers three or more of the 22 questions on the self-certification checklist negatively, then the employee and his or her front-line supervisor meet to discuss safety concerns. If necessary, the region's health and safety staff can go to an employee's home for an inspection. Jensen said that has never happened.
"What we generally find is that home work stations are often nicer than what you might find in the gray cubicle at the workplace," Jensen said. Jensen said she telecommutes herself, and her computer at home is nicer and faster than the one at work.
According to an October 1999 General Services Administration report, about 26,000 federal employees work at home or at off-site offices, such as suburban telecommuting centers.
GSA maintains a Web site with telecommuting guidance for federal agencies.
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