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Firms blast OSHA advisory
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January 4, 2000: 6:15 p.m. ET
Policy states that employers are responsible for safety in home offices
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NEW YORK (CNNfn) - Stay at home workers may be encouraged to make careful inspections of their home offices in the weeks to come following an announcement from OSHA that companies that let employees work at home are responsible for federal health and safety violations in home workspace.
That means home offices must comply with federal ergonomics regulations, must have federally approved heating and cooling systems and, in some cases, may need to have two doors to meet standards of the federal Occupational Safety and Health Administration.
The Labor Department responded Tuesday that it will not begin routine inspections of home offices for OSHA violations, but strongly suggests that companies should begin doing so.
"Employers should exercise reasonable diligence to identify in advance the possible hazards associated with particular home work assignments and should provide the necessary protection through training, personal protective equipment, or other controls appropriate to reduce or eliminate the hazard," OSHA said in an advisory letter. "One obvious and effective means of ensuring employee safety would be periodic safety checks of employee working spaces" by companies.
The policy statement came in the form of a letter, dated Nov. 15, in response to questions posed by a Texas-based credit services company planning to have some of its sales executives work at home. Rather than a change in policy, OSHA said the letter clarifies existing laws that hold employers liable for and requires them to report any worker illnesses or injuries resulting from assigned duties, even if the workplace is a person's home.
Some business groups cautioned that the policy will have far reaching effects and may force some companies to reverse their decisions to allow employees to work from home. Those that continue to allow stay-at-home workers may have to spend a lot of money to upgrade office equipment and such things as heating and air conditioning systems. Employers also will have to be wary that if employees are injured at home, they may have more of a case if they choose to sue.
In the letter, OSHA found that ergonomic injuries sustained while working at home are the responsibility of the employer. Likewise, employers are responsible for injuries caused by improperly configured computer workstations, or fires caused by overloading home electrical circuits with office equipment.
While OSHA downplayed the significance of the advisory, business groups said the new OSHA interpretation specifies a greater burden on employers that could have a chilling effect on at-home work arrangements. Some business groups complained that OSHA’s strident and multi-layered regulations will cost most employers too much money to come into compliance.
"We think it is ridiculous,” said Mary Leon, spokeswoman for the National Federation of Independent Business. "It’s an impossible task for small business owners who don’t have a safety director or an attorney to do this for them. To also be responsible for every one of their employees’ private home and whether or not they are safe is ridiculous.”
The National Association of Manufacturers echoed the sentiment. "This goes far beyond what the Occupational Safety and Health Act, or the Constitution, ever anticipated," said Patrick Cleary of the NAM. 
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