I
#
106TH CONGRESS
2D SESSION
H. R. 4080
To require the Secretary of Labor to issue regulations specifying the applica-
tion of the Occupational Safety and Health Act of 1970 to home office
employment to foster 21st Century telework opportunities, to maximize
public participation in the formulation of such regulations, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 2000
Mr. HOEKSTRA introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To require the Secretary of Labor to issue regulations speci-
fying the application of the Occupational Safety and
Health Act of 1970 to home office employment to foster
21st Century telework opportunities, to maximize public
participation in the formulation of such regulations, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Home Office Worker
Protection Act of 2000’’.
•HR 4080 IH1S
SEC. 2. APPLICATION OF OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970 TO HOME OFFICE EM-
PLOYMENT.
(a) REGULATIONS REQUIRED.—The Secretary of
Labor shall issue regulations specifying the application of
the Occupational Safety and Health Act of 1970 to work-
places located in the residence of an employee who is en-
gaged in—
(1) home office employment; or
(2) types of employment other than home office
employment.
(b) CONTENT.—The regulations required by sub-
section (a) shall include—
(1) a description of the types of employment
conducted in the residence of the employee encom-
passed by the term ‘‘other than home office employ-
ment’’ such as—
(A) the manufacture, assembly (including
disassembly), or processing of goods for com-
merce; or
(B) employment which requires an em-
ployee to be regularly exposed to a toxic or haz-
ardous substance in excess of an exposure limi-
tation specified in regulations of the Secretary
of Labor published at subpart Z of part 1910
of title 29, Code of Federal Regulations;
•HR 4080 IH1S
(2) a prohibition on conducting an inspection of
a worksite located in the residence of an employee
engaged in home office employment; and
(3) the action to be taken when a complaint or
referral is received by the Occupational Safety and
Health Administration which indicates that a viola-
tion of a safety or health standard exists which
threatens physical harm or exposes an employee to
an imminent danger at a worksite located in the res-
idence of an employee who is engaged in types of
employment other than home office employment.
(c) MAXIMIZING PUBLIC PARTICIPATION
IN
THE
FORMULATION OF IMPLEMENTING REGULATIONS.—
(1) NOTICE AND COMMENT RULEMAKING.—The
Secretary of Labor shall implement the regulations
required by subsection (a) by means of a rule pro-
mulgated pursuant to section 553 of title 5, United
States Code.
(2) FOSTERING MAXIMUM PUBLIC PARTICIPA-
TION.—In addition to such other means as the Sec-
retary deems appropriate, the Secretary shall seek to
maximize public participation by—
(A) utilizing an advance notice of proposed
rule making;
•HR 4080 IH1S
(B) announcing the publication of the ad-
vance notice of proposed rulemaking and the
proposed rule through additional means, espe-
cially electronic means, designed to reach af-
fected workers and the firms that employ them;
(C) making the text of the advance notice
of proposed rulemaking and of the proposed
rule available through electronic means; and
(D) providing not less than 60 days for
public comment on the proposed rule.
(d) REQUIRED REGULATORY SCHEDULE.—
(1) TIME FOR ISSUANCE OF ADVANCE NOTICE
OF PROPOSED RULEMAKING.—The Secretary shall
issue an advance notice of proposed rulemaking per-
taining to the formulation of regulations under sub-
section (a) within 30 days of the date of enactment
of this Act.
(2) ISSUANCE
OF
FINAL
REGULATION.—The
Secretary shall issue the final regulations within 510
days of the date of enactment of this Act, specifying
an effective date that is 30 days after the date of
publication of such final regulation.
•HR 4080 IH1S
SEC. 3. AMENDMENT TO OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970.
(a) APPLICATION
TO
HOME
OFFICE
EMPLOY-
MENT.—Section 4(b) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653(b)) is amended by
adding at the end the following:
‘‘(5)(A) Except as provided in subparagraphs (B),
(C) and (D), nothing in this Act shall apply to home office
employment performed in a workplace located in the resi-
dence of the employee engaged in such employment.
‘‘(B) Pursuant to section 8 and its implementing reg-
ulations, employers shall report work-related injuries and
illnesses sustained by an employee engaged in home office
employment.
‘‘(C) Pursuant to sections 9 and 10, the Secretary
may impose sanctions for a failure of an employer to re-
port a work-related injury or illness sustained by an em-
ployee engaged in home office employment, subject to re-
view of such sanctions pursuant to sections 11 and 12.
‘‘(D) Pursuant to section 21(c), the Secretary may
make available information and standards to employees
and employers in the recognition, avoidance, and preven-
tion of unsafe or unhealthful working conditions appro-
priate for home office employment.’’.
•HR 4080 IH1S
(b) DEFINITION.—Section 3 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 652) is amend-
ed by adding at the end the following:
‘‘(15) The term home office employment means
providing professional, technical, clerical, or similar
types of services utilizing information technology and
other types of equipment used in an office work set-
ting located in the residence of an employee.’’.
(c) IMPLEMENTING REGULATIONS PROMULGATED
THROUGH NOTICE AND COMMENT RULEMAKING.—The
Secretary of Labor shall implement subsections (a) and
(b) and the amendments made by such sections by means
of a rule promulgated pursuant to section 553 of title 5,
United States Code.
(d) CONTENT OF THE REGULATIONS.—In addition to
such matters as the Secretary may deem appropriate, the
regulations required by subsection (c) shall specify the ex-
tent of the application of the Occupational Safety and
Health Act of 1970 to workplaces located in the residence
of an employee if the employee is engaged in—
(1) home office employment; or
(2) types of employment other than home office
employment.
(e) MAXIMIZING PUBLIC PARTICIPATION
IN
THE
FORMULATION OF REQUIRED REGULATIONS.—In addi-
•HR 4080 IH1S
tion to such other means as the Secretary deems appro-
priate, the Secretary shall, in promulgation of the regula-
tions under subsection (c) of this Section, maximize public
participation by —
(1) utilizing an advance notice of proposed rule-
making;
(2) announcing the publication of the advance
notice of proposed rulemaking and the proposed rule
through additional means, especially electronic
means, designed to reach affected workers and the
firms that employ them;
(3) making the text of the advance notice or
proposed rulemaking and of the proposed rule avail-
able through electronic means; and
(4) providing not less than 60 days for public
comment on the proposed rule.
(f) EFFECTIVE DATES.—If final regulations are not
issued under section 2(d)(2), the amendment to the Act
made by subsection (a) and the requirement to issue regu-
lations pursuant to subsection (b) shall become effective
on the date on which such final regulations were required
to be issued.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act is intended to affect the contin-
ued effectiveness of the instruction issued by the Assistant
•HR 4080 IH1S
Secretary of Labor for Occupational Safety and Health,
identified as Occupational Safety and Health Administra-
tion Instruction Number CPL2–0.125, entitled ‘‘Home-
based Worksites’’, and effective February 25, 2000, until
such time as regulations are issued under section 2(a) or
3(b).
SEC. 5. DEFINITION.
For purposes of section 2 of this Act, the term ‘‘home
office employment’’ means providing professional, tech-
nical, clerical, or similar services utilizing information
technology and other type of equipment used in an office
work setting located in the residence of an employee.
Æ