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The Coast Is Clear, Small Biz: OSHA Backs Down on Home Worker Safety
Its advisory spurred a firestorm of criticism

An Occupational Safety & Health Administration advisory asserting employers were responsible for the safety of staff working at home has spurred such a maelstrom of criticism that the agency has withdrawn it.

The advisory, posted on the OSHA Web site on Nov. 15, was removed on Jan. 5, after a Washington Post story put the spotlight on it, provoking an outcry from small-business advocates and members of Congress. Although the advisory wasn't a formal ruling, labor attorneys said it provided a strong indication of how OSHA planned to rule in the future. "It's a big hint about the direction they are headed," said Neil O. Andrus, a partner at Jeffer, Mangels, Butler & Marmaro in San Francisco.

OSHA was responding to questions from Houston-based CSC Credit Services, a business unit of Computer Services Corp. CSC Credit had asked in 1997 about its responsibility for the working conditions of 10 employees in the 377-person unit who planned to work at home, according to Michael Dickerson, a CSC spokesman. OSHA responsed that employers did have a responsibility to assure that conditions were safe.

Labor Secretary Alexis Herman issued a written statement on Wednesday saying OSHA had withdrawn the letter because of "widespread confusion and unintended issues" it had caused for businesses. The statement says the Labor Dept. is now calling for a public dialogue to discuss the issues in the near future.

Small-business advocates were concerned that the advisory implied broad, new liabilities for employers. "We believe there were ramifications beyond normal safety and health conditions," says Ginny Beauchamp, vice-president at the National Association for the Self Employed in Washington. Specifically, the group was alarmed by the possibility of OSHA visiting homes to make onsite visits. NASE has more than 200,000 members, about 40% of which work at home. According to 1997 Labor Dept. statistics, approximately 21 million people work at home.


By Jeremy Quittner in New York
jeremy_quittner@businessweek.com




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