A while ago on the Web-Law discussion group, there was an extended
discussion regarding the United States Occupational Safety and Health
(OSHA) position regarding employer responsibility for the health and
safety of the telecommuting employee's worksite in the employee's own
home. Issues like the invasion of privacy by OSHA into people's private
dwellings and the cost and lack of control factors faced by employer's
were part of the lively discussion. Since legal issues related to working
at home is of interest in a variety of fields, I thought some of the
members of this discussion group would be interested in the issue and
possibly want to make it a topic of discussion. To either fuel the
discussion or to provide insight into this very interesting issue for
those who wish to become acquainted with the controversy, I have listed
some article citations about the OSHA position on telecommuting followed
by some URLs of websites devoted to or covering this topic. Since lower
costs in wireless and other telecommunications, increased availability of
internet access and computers at lower costs are to become more prevalent
in the world, working at home for an employer will become increasingly
common if government work rules do not become so strict as to price this
form of employment out of the work marketplace. This is therefore a
critically important education, training, digital divide, and economics
issue as the loss of employment opportunities for those who cannot leave
home would lessen the motivation for such persons to be educated or
retrained for updated work skills.
Some article citations regarding OSHA and the home based worksite:
OSHA trial balloon bursts at takeoff
Insight on the News; Washington; Feb 21, 2000;
Volume: 16 Issue: 7 Page: 48
ISSN: 10514880
Office safety will come home to roost
Business and Health; Montvale; Feb 2000; Daniel B Moskowitz;
Volume: 18 Issue: 2 Page: 11-12
ISSN: 07399413
OSHA issues, then withdraws work-at-home interpretation
Professional Safety; Park Ridge; Feb 2000; Anonymous;
Volume: 45 Issue: 2 Page: 16
ISSN: 00990027
Is OSHA leaving home?
Workforce; Costa Mesa; Feb 2000; Kelly Dunn;
Volume: 79 Issue: 2 Page: 26-28
ISSN: 10928332
OSHA allays concerns over telecommuting
Business Insurance; Chicago; Jan 31, 2000; Mark A Hofmann;
Volume: 34 Issue: 5 Page: 2,4
ISSN: 00076864
Telecommuters exempt from OSHA rules
Computerworld; Framingham; Jan 31, 2000; Linda Rosencrance;
Volume: 34 Issue: 5 Page: 89
ISSN: 00104841
>From now on, home is where the hard hat is
Insight on the News; Washington; Jan 31, 2000; Sean Paige;
Volume: 16 Issue: 4 Page: 47
ISSN: 10514880
OSHA set to clarify home policy
National Underwriter; Chicago; Jan 31, 2000; Steven Brostoff;
Edition: Property & casualty/risk & benefits management ed.
Volume: 104 Issue: 5 Page: 2
ISSN: 10426841
Home Office Isn't Liability For Firms, U.S. Decides
New York Times; New York; Jan 28, 2000; Steven Greenhouse;
Page: A.13
ISSN: 03624331
OSHA still eyes rules on home offices
National Law Journal; New York; Jan 24, 2000; Emily Heller;
Volume: 22 Issue: 22 Page: B1,B4
ISSN: 01627325
Here are some websites that focus on the issue of
health and safety in the telecommuting environmemt:
"Telecommuting: Panacea or Pandora's Box?"
http://www.hklaw.com/publications/attorney/heada3111997.html
Telecommuting Safety & Health Benefits Institute (TSHBI)
http://www.orednet.org/venice/rick/telecommutesafe/
Administration and General Information FAQ - Gil Gordon/Telecommuting
http://www.gilgordon.com/telecommuting/adminfaq/adminfaq.htm
Consider all Possibilities for Telecommuters by Maureen Minehan
HR Magazine, November 1996
http://www.shrm.org/hrmagazine/articles/1196fut.htm
Re: Telecommuting
RISKMail Discussion Archive: Re: Telecommuting
http://riskmail.lsu.edu/archive/jan99/00000289.htm
TELEMANAGERS HANDBOOK
http://www.tmagroup.org/TelMGMNT.html
Making Smart Decisions About Telecommuting
NPELRA | Legislative and Legal Updates
http://www.npelra.org/legal/ted224.htm
OSHA Releases, Withdraws Guidance on Telecommuting
http://www.soho.org/Legal_Articles/OSHA_Telecommuting.htm
I hope that the members of this discussion group find these
resources useful and informative.
Sincerely,
David Dillard
Temple University
(215) 204-4584
jwne@astro.temple.edu
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