[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4098 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4098

 To require the Secretary of Labor to issue regulations specifying 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2000

  Mr. Hoekstra (for himself, Mr.  Roemer, Mr. Norwood, Mr. Kind, Mr. 
Hilleary, Mr. Ford, Mr. Schaffer, Mr. Moran of Virginia, Mr. Tancredo, 
   Mr. Taylor of Mississippi, Mr. Wolf, Mr. Gutknecht, and Mr. Bass) 
 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 specifying 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 Representatives 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''.

SEC. 2. APPLICATION OF OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 TO 
              HOME OFFICE EMPLOYMENT.

    (a) Regulations Required.--The Secretary of Labor shall issue 
regulations specifying the application of the Occupational Safety and 
Health Act of 1970 to workplaces located in the residence of an 
employee who is engaged in--
            (1) home office employment; or
            (2) types of employment other than home office employment.
    (b) Content.--The regulations required by subsection (a) shall 
include--
            (1) a description of the types of employment conducted in 
        the residence of the employee encompassed by the term ``other 
        than home office employment'' such as--
                    (A) the manufacture, assembly (including 
                disassembly), or processing of goods for commerce; or
                    (B) employment which requires an employee to be 
                regularly exposed to a toxic or hazardous substance in 
                excess of an exposure limitation specified in 
                regulations of the Secretary of Labor published at 
                subpart Z of part 1910 of title 29, Code of Federal 
                Regulations;
            (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 violation 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 residence 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 promulgated pursuant to section 553 of title 5, 
        United States Code.
            (2) Fostering maximum public participation.--In addition to 
        such other means as the Secretary deems appropriate, the 
        Secretary shall seek to maximize public participation by--
                    (A) utilizing an advance notice of proposed rule 
                making;
                    (B) 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;
                    (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 pertaining to the formulation of 
        regulations under subsection (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.

SEC. 3. AMENDMENT TO OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.

    (a) Application to Home Office Employment.--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 residence of the employee engaged in such 
employment.
    ``(B) Pursuant to section 8 and its implementing regulations, 
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 report a work-related injury 
or illness sustained by an employee engaged in home office employment, 
subject to review 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 prevention of unsafe or unhealthful working 
conditions appropriate for home office employment.''.
    (b) Definition.--Section 3 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652) is amended 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 setting 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 extent 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 addition to such other means as the Secretary deems 
appropriate, the Secretary shall, in promulgation of the regulations 
under subsection (c) of this Section, maximize public participation by 
--
            (1) utilizing an advance notice of proposed rulemaking;
            (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 available 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 regulations 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 continued 
effectiveness of the instruction issued by the Assistant Secretary of 
Labor for Occupational Safety and Health, identified as Occupational 
Safety and Health Administration 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, technical, 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.
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