NOTE: Under our Pandemic, my bet OSHA is not going to enforce a lot of this, but I thought it would be a timely reminder as I have received numerous questions about working from home.
The OSH Act applies to work performed by an employee in any workplace within the United States, including a workplace located in the employee’s home. All employers, including those which have entered into “work at home” agreements with employees, are responsible for complying with the OSH Act and with safety and health standards.
Even when the workplace is in a designated area in an employee’s home, the employer retains some degree of control over the conditions of the “work at home” agreement. An important factor in the development of these arrangements is to ensure that employees are not exposed to reasonably foreseeable hazards created by their at-home employment. Ensuring safe and healthful working conditions for the employee should be a precondition for any home-based work assignments. 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. In some circumstances, the exercise of reasonable diligence may necessitate an on-site examination of the working environment by the employer. Employers must take steps to reduce or eliminate any work-related safety or health problems they become aware of through on-site visits or other means.
Certainly, where the employer provides work materials for use in the employee’s home, the employer should ensure that employer-provided tools or supplies pose no hazard under reasonably foreseeable conditions of storage or use by employees. An employer must also take appropriate steps when the employer knows or has reason to know that employee-provided tools or supplies could create a safety or health risk.
Is the employer responsible for compliance with the home itself?