By Daniel Pearson

Last January, the Occupational Safety and Health Administration (OSHA) sent a letter to CSC Credit Services in Houston, Texas, suggesting the company could be liable for unsafe stairs, inadequate ventilation and poor lighting in the home offices of its telecommuting employees.

The Washington Post broke the story two months after the letter was posted on the U.S. Labor Department's Web site. Dozens of corporate executives and White House officials reacted with outrage after reading the article. Within 48 hours, Labor Secretary Alexis M. Herman retreated from the policy, potentially saving employers costly courtroom battles if one of their workers injured themselves at home.

"I think the OSHA letter was very, very disappointing and demonstrated the ignorance of what goes on in the workplace today," Rep. Peter Hoekstra (R-Mich.) told the Washington Post on Jan. 6.

But OSHA's not the only provocative group when it comes to home office regulations. There are executive directors employing telecommuters who rely more on common sense than OSHA regulations, and others who aren't even sure if there are regulations to follow, some industry consultants say.

Employers' liability

In the swirl of events following the OSHA letter, Herman would not answer questions from the press regarding the liability of employers for safety and health violations in home offices. She later released a statement claiming that under the 1971 workplace safety act, employers are required to make sure employees work in safe and healthy conditions, but that OSHA would not intrude into people's homes to confirm a corporation's compliance.

So telecommuters don't have to spend time each day peeking around their curtains to see if OSHA is going to show up on their doorstep uninvited, but they shouldn't expect their employer to foot the bill for any kind of home improvements associated with their in-home work space.

OSHA's policy clearly states that a company is not liable for concerns surrounding an employee's home office. However, the issue of ergonomics (equipment design factors intended to maximize productivity by minimizing user fatigue and discomfort) could change OSHA's policy in the near future.

A lot of attention has been given to repetitive stress disorder (when an action is performed countless times, resulting in such injuries as carpal tunnel syndrome) since last November and it seems national concerns may come to a head during OSHA's public hearings on ergonomics April 24 - May 3 in Portland, Ore.

"Protecting workers against painful and potentially disabling musculoskeletal disorders is OSHA's top priority," OSHA Assistant Secretary Charles N. Jeffress said in a statement released earlier this month. "Holding the public hearings...will enable us to get valuable feedback on our proposal from participants."

The proposed OSHA standard will cover 27 million workers and may prevent up to 300,000 injuries each year. Presently, employers would not be required to comply with ergonomics standards, but OSHA also has not said if that could change following the public hearings.

An editorial published in the Christian Science Monitor last January called on federal officials to encourage local governments to "expand their safety oversight," rather than allowing Uncle Sam entrance into people's homes.

"The White House has kept the issue alive by asking for a dialogue on home-office safety," the newspaper stated. "The first issue should (not) be...whether OSHA should expand its reach. The national government could, for instance, provide a money incentive for local governments to meet national standards. This new 'home workplace' problem cuts a whole new curve."

Regardless of what an employer may be required to do, telecommuters are still responsible for getting the job done, and getting it done without supervision.

The right employee

Gary White -- executive director of WaterPartners International, a "virtual" organization -- said most people in today's workforce already have the necessary skills to be successful telecommuters.

"Basically, anyone who can use Windows, some basic software applications and can send e-mail has what it takes," White said. "This was not the case a few years ago when you had to be up on things like telnet, unencoding, com port settings and gopher, to name a few. I would estimate that the skills needed to telecommute are present in at least half of the working-age population."

Susan Davis is outreach director for WaterPartners. She said it takes a self-motivated and organized staff to pull off the organization's mission with only about five full meetings each year.

"By being left alone to complete assignments, it becomes a matter of pride that I don't let things slip through the cracks," Davis said. "It is essential to keep regular business hours as much as possible, both so I can be reached by the other staff and for mental health. (Even so), it's hard to quit at the end of the day if I haven't finished everything I wanted to do."

A study completed by the International Telework Association and Council found 47 percent of the teleworkers who participated in the survey said they feel more productive working from home than in a traditional office. Only 10 percent said their productivity is reduced at home, because they have to spend time tending to household chores or personal needs.

Davis said she can relate to those 10 percent.

"I find it hard to work if the apartment isn't clean and my work area isn't organized," she said. "Since I don't have a separate office line yet, I get a lot of telemarketing calls and wrong numbers. I also have a puppy..."

There are downsides for organizations to consider when allowing employees to telecommute, despite all of the positive hoopla. Part three of this series will explore some of those cons.

Do you have an opinion about the OSHA regulations or other liability issues related to telecommuting? Let us know by e-mailing Daniel Pearson at danielpearson@mindspring.com.