United States General Services Administration

Interagency Telework Issues Working Group Subcommittee DRAFT Reports

United States Office of Personnel Management

Existing Arrangements

Section 19 of the Occupational Safety and Health Act sets forth the obligations for Federal agencies with regard to safe and healthful working conditions for Federal employees. Agency heads are responsible for establishing and maintaining an effective and comprehensive occupational safety and health program consistent with standards promulgated under this Act.

Self-certification safety checklist to be completed and signed by the employee, and reviewed with the supervisor prior to establishing a telework arrangement in accordance with agency telework policies and programs.

Areas of Concern with Existing Arrangements

• Should agencies conduct home safety inspections?
• Who is ultimately responsible, and therefore liable, for determining that the alternate worksite (in many instances, the employee's home) meets safety standards?
• How does a manager/supervisor make that determination?

Existing Flexibilities

Possible New Approaches

Provide clear guidance and information in telework policy directives that address worksite safety issues. Educate managers/supervisors on workplace safety issues that include alternate worksites. Recommend that internal agency safety and health policies/programs specifically address telework situations, to include guidance to both supervisors and employees on how to maintain a safe work environment.

Recommendations

Provide basic information on the new GSA/OPM Interagency Telework website in the form of Frequently Asked Questions (FAQs) which can be expanded as the telework programs grow and additional issues/questions arise. Below is an initial list of FAQs that the workgroup proposes to be included on the new telework website in response to issues raised by agency telework coordinators and their managers:

HEALTH AND SAFETY ISSUES RELATED TO TELEWORK

1. What law, rule or regulation covers Federal employee safety and health issues, and who is accountable?

A. Section 19 of the Occupational Safety and Health Act (the Act) (www.osha-slc.gov/OshAct_data/OSHACT.htm#19) sets forth the obligations for Federal agencies with regard to safe and healthful working conditions for Federal employees. Under that section, it is the responsibility of the head of each Federal agency to establish and maintain an effective and comprehensive occupational safety and health program consistent with the standards promulgated under section 6 of the Act.

Executive Order 12196, (www.usbr.gov/safety/eo.htm) Occupational Safety and Health Programs for Federal Employees, provides that the Secretary of Labor issue basic program elements in accordance with which the heads of agencies shall operate their safety and health programs.

29 CFR Part 1960, (www.osha-slc.gov/OshStd_data/1960.html) Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters contain these basic program elements. Although agency heads are required to operate in accordance with the basic program elements, those elements contain numerous provisions that permit, by their terms, agency heads the flexibility necessary to implement their programs in a manner consistent with their respective missions, sizes, and organizations. Under Part 1960, each Federal agency establishes and implements their own safety and health program to address how to maintain a safe and healthy work environment at alternate work sites.

2. At what point does an alternate work site become subject to Federal safety and health policies?

A - Once a supervisor has agreed to allow an employee to work at an alternate work site, that site becomes subject to Federal safety and health policies. It is important to note that only the actual work site (i.e., area used as the office) is subject to these policies and not, for instance, the entire house, apartment, etc.

3. Has OSHA staff reviewed the Office of Personnel Management's current guidance including the Sample Agreement and Sample Self-Certification Safety Checklist? Are there specific questions on the safety checklist that would be an automatic "flag" to the supervisor to disallow this arrangement or require some appropriate action on the part of the employee?

A - The Sample Self-Certification Safety Checklist was originally developed with input from OSHA staff. The Sample Agreement is not within the scope of OSHA's responsibilities. There are no automatic "flags" to indicate to a supervisor to disallow a particular arrangement; however, the supervisor should review the checklist with the employee, and document any discussions needed to clarify information. In addition, supervisors should focus on the actual area where work will be performed rather than the entire home, or a stairway, for instance, that may not necessarily be used to get to the work area.

4. Do you consider the current guidance and safety checklist to be accurate and sufficient to protect employees working at alternate work sites? Would you like to offer any supplementary advice or information relative to the various possibilities of remote working which are broader than working at home, for example, when working in a hotel room or while traveling on public transportation or in a privately-owned or Government-owned vehicle?

A - For most Federal employees working at alternative work sites, the safety checklist is adequate; however, some positions may require additional safeguards, and agencies should modify the checklist as needed to address those unique situations.

Federal employees who work in establishments of private employers are covered by their own agencies' occupational safety and health program. Although an agency may not have the authority to require private entities to correct deficiencies, the agency head must assure safe and healthful working conditions for his/her employees. This shall be accomplished, to the extent necessary, by administrative controls, personal protective equipment, or withdrawal of Federal employees from the private sector facility to assure that employees are protected.

In addition, periodic safeguards are issued on a government-wide basis such as wearing seat belts in taxi cabs or government owned vehicles, staying in hotels with fire sprinkler systems, etc.

5. Is there a need to establish government-wide policy and guidance regarding when self-certification of the work site is adequate or when it is necessary to do more (i.e, home inspections)?

A - The head of each agency is required to develop, implement, and evaluate an occupational safety and health program which provides employees a place of employment free from recognized hazards that cause or are likely to cause death or serious illness, to include alternate work sites. Agency telework policies should outline under what conditions a home inspection might be necessary due to the type of work being performed there, or based upon a credible complaint that the work site may not be healthful, and how the inspection would be carried out. This should be done in consultation with the Designated Agency Safety and Health Official.

6. Does OSHA offer guidance (either in a publication or website) that provides basic information and guidance to employees about safety and health issues in a home or other alternate work site?

A - No, the responsibility for the safety of Federal employees rests with each individual agency head. Therefore, employees should review information provided by their Designated Agency Safety and Health Official.

7. Does OSHA offer guidance (either in a publication or website) that provides basic information and guidance to supervisors/managers of teleworkers about safety and health issues in a home or other alternate work site?

A - No, the responsibility for the safety of Federal employees rests with each individual agency head. Therefore, supervisors should review and/or request guidance from their Designated Agency Safety and Health Official. It should be noted that OSHA offers compliance and technical assistance to agencies that have questions; however, OSHA would not conduct a home evaluation or inspection. A list of OSHA Area or Regional Office addresses and telephone numbers can be found at www.osha.gov.

8. To what extent, if any, does state law prevail over safety and health issues of Federal workers?

A - Federal employees are not covered by state occupational safety and health laws.

9. Do employees need to complete a safety checklist when their alternate work site is a telecenter or other government "leased" space, as in a hotelling situation?

A - No, documents used by GSA or other Federal agencies to lease space that will be occupied by employees contain standard language that addresses safety and health issues.

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