Facing a barrage of criticism, Labor Secretary Alexis Herman today withdrew a federal interpretation letter saying that companies' normal workplace safety obligations also apply to employees who do their work at home.
She said an advisory drafted by departmental officials was
informal and was not intended to be taken as a statement of policy
for the entire business community.
"It was a letter to one employer. It provided guidance to him
on his employees working at home," she said in a telephone
interview with The Associated Press. "The letter, however, caused
widespread confusion and unintended consequences for others. And
therefore, as a result of those unintended consequences, I have
made a decision to withdraw the letter today."
Herman said, however, that the controversy has raised important
questions about what protections Americans who work at home can
expect from the government. She said she will convene a conference
of business and labor leaders and set up an interagency task force
to conduct a wide-ranging study of the issue.
``We acknowledge ... that employers are responsible for employee
safety and health, but we don't know what that means and how that
applies to these new work arrangements in the home today. That is
why we need a national dialogue on this subject,'' Herman said.
The letter was written by officials at the department's
Occupational Safety and Health Administration to a Texas-based
credit services company that had sought advice about moving some of
its sales executives into home offices.
In response, OSHA provided specific examples in an area of law
that had remained unclear, even as the number of Americans
regularly working at home has swelled to almost 20 million.
Such federal agency ``interpretation'' letters to individual
companies often are made public, and other businesses look to them
for general guidance. This one, dated Nov. 15, was posted on the
Labor Department's Internet site.
When business groups began to notice, they called attention to
it, sparking news reports this week and strong condemnation from
Republicans on Capitol Hill.
``Putting home workers in the position of having to comply with
thousands of pages of OSHA regulations and making employers
responsible for making sure that they do is simply foolish,'' said
Rep. Pete Hoekstra, R-Mich., chairman of a House investigations
subcommittee on work force issues.
OSHA officials insisted Tuesday there had been no change in
government policy and that the agency would take no new action.
There will be no government inspections of home offices, they said.
However, the firestorm continued today, with Republicans asking
the administration to rescind the letter and promising hearings in
the House and Senate.
Republican leaders had already pledged to scrutinize OSHA after
Congress returns from its holiday break because of regulations the
agency proposed in November that would require employers to
minimize everyday physical _ or ``ergonomic'' _ stresses of certain
jobs.
Chairman Bill Goodling, R-Pa., of the House Committee on
Education and the Workforce has asked the administration to prolong
a public comment period required before those regulations could
become final.
The now-retracted OSHA interpretation of how workplace safety
rules apply in the home said that employers could be held liable if
they know or should reasonably have known about home workplace
hazards _ such as computers that overload home electrical circuits
creating a fire hazard, or rickety stairs leading to a basement
office.
It suggested that companies should train people to set up safe
home offices and periodically inspect at-home workers' quarters.