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Other USDA Teleworking Information FREQUENTLY
ASKED QUESTIONS AND ANSWERS SAMPLE
TELEWORKING AGREEMENT - (See
Appendix A) FREQUENTLY ASKED
QUESTIONS AND ANSWERS FREQUENTLY ASKED QUESTIONS AND ANSWERS ON
TELEWORK Updated 2/26/02 CONTACTS FOR POLICY GUIDANCE Q1. What Federal agency should be contacted to
obtain Government-wide policy guidance on human resources issues (e.g.,
pay-entitlements, hours of work, dependent care, etc.) related to
teleworking? A1. The Office of Personnel Management OPM). Within
OPM, the Office of Compensation Administration has responsibility for
developing and implementing policies on pay, leave, and work scheduling and
can be reached by email at "payleave@opm.gov". OPM’s Office of
Work/Life Programs is responsible for providing Government-wide guidance on
the administration of telework and dependent care programs Q2. What Federal agency should be contacted to
obtain guidance on travel, government sponsored telecenters, reimbursements
for phone lines, internet service, data security lines costs, equipment,
etc.) related to teleworking? A2. The General Services Administration (GSA).
Q3. What Department of Agriculture (USDA)
Agency should be contacted to obtain USDA-wide policy guidance on human
resources issues (e.g., official duty station, pay-entitlements, hours of
work, etc.) related to teleworking? A3. Office of Human Capital Management,
Personnel Policy and Partnership Division at (202) 720-3327. Q4. What USDA Agency should be contacted to
obtain USDA-wide policy guidance on other related teleworking issues not
identified in Q3 above? A4. Office of Human Resources Management,
Safety, Health and Employee Welfare Division at(202) 720-8284. Q1. What is the legal authority that requires
Federal agencies to establish a Telework Program for civilian employees? A1. Public Law 106-346, Section 359, October
23, 2000 . TELEWORK ARRANGEMENTS Q1. Why should management support teleworking?
A1. Teleworking has many proven benefits to
both management and employees. For managers: Telework is an important
recruitment and retention tool to attract new applicants and retain current
employees; A cost benefit in savings on office space and parking space; An
alternative for placement of employees when their current office space is under
renovation, destruction or closed during an emergency; Improvement in
customer service by expanding the location and availability of employees;
Enhances the agencies’ efforts to employ and accommodate people with
disabilities, including employees who have temporary or continuing health
problems, or who might otherwise have to retire on disability; and, Possibly
a reduction in sick leave usage by participants. There are also broader
benefits in terms of environmental improvements through reduced traffic
congestion. For employees: Telework improves the balance
between work and family demands by allowing more time with family or on
personal interests (that was previously spent in their commute); Improves
morale; Reduces stress; Can increase productivity through fewer interruptions
and allowing employees to capitalize on peak productivity periods; Reduces
employees’ transportation costs; and, Allows them to more effectively use
their leave. Q2. Who is responsible for approving an
employee’s request to Telework? A2. Each Federal agency sets up its own
approval process, but generally the immediate supervisor must agree to a
specific employee’s request to telework. Q3. What role do unions play? A3. Agencies are strongly encouraged to
develop their Telework programs in partnership with their unions and other
stakeholders. Telework affects conditions of employment and agencies must
consult and negotiate with unions, as appropriate, regarding Telework
programs. Q4. Does an employee have a right to Telework?
Could an employee be directed to work at an alternative worksite? A4. No, to both questions. Subject to any
applicable union agreement and agency policy, management decides whether the
employee can work at an approved alternative worksite, depending on the eligibility
criteria established by the agency. Management has the right to end an
employee’s participation in the Telework program, if, for example, the
employee’s performance declines or if the arrangement no longer meets the
organization’s needs. Q5. Who should be allowed to telework? A5. ALL employees (including managers and
supervisors) who meet the eligibility criteria established by their agency
telework policy should be offered the opportunity to telework. Management in
particular should be encouraged to telework themselves. Q6. What are the advantages of
managers/supervisors teleworking? A6. Managers/supervisors who have, or are,
teleworking themselves cite advantages of teleworking as allowing a
concentrated quiet time where they can do “strategic thinking”, planning,
reading, and writing. Q7. What approach should managers/supervisors
take in determining which positions are suitable for Telework? A7. Agencies should develop broad criteria to
guide managers and supervisors in determining which positions are eligible
for telework. Managers/supervisors should take a positive analytical approach
by focusing their attention on the nature of the work and job characteristics
in determining whether a position is suitable for telework. In many cases, 100
percent of a position will not lend itself to telework. However, the focus on
discrete job tasks works to identify those tasks that can be performed away
from the main office. Q8. How can the supervisor monitor work
performance when the employee is not physically present? A8. Managers/supervisors should monitor work
performance for teleworkers in the same way as for all employees, based on
the quality and timeliness of the work product, i.e. results-based management
This can be accomplished by establishing timeframes for completion dates, key
milestones, project schedules, regular status reports, and team
reviews. Supervisors may call employees who are working at telecenters
or home based offices. Q9. What criteria should the supervisor use to
rate the teleworker’s performance? A9. Managers/supervisors should use the same
established performance objectives and standards established for the employee
in the main office worksite. There should be no difference in the performance
objectives and standards for the teleworker based solely on where the work is
being performed. Q10. Won’t the employee’s work suffer without
direct, onsite supervision? A10. No. The opposite is more often the case,
partly because the employee working at home has fewer interruptions and
distractions and partly because the individual has a strong incentive to
demonstrate the value of working at an alternative worksite. In
practice, many employees currently work at the traditional worksite with
little or no direct supervision. Q11. What about the impact on the office when
some employees are working at an alternative worksite? A11. Teleworking should be viewed and handled
like alternative work schedules in how it impacts those employees who are
left to provide customer service. Managers/supervisors should establish
guidelines to be followed and the guidelines should be communicated to both
teleworkers and those employees who remain at the main office location. This
should be done before any staff members begin to work at alternative
worksites. A supervisor may require an employee to work at the main worksite
on a day scheduled for an alternative worksite if the needs of the office so
require. Telework, as well as alternative work schedule should not put a burden
on staff remaining in the office. An equitable distribution of workload
should be maintained, and methods should be instituted to ensure that
employees working at the main office are not saddled with the teleworker’s
responsibilities. Q12. Won’t customers be negatively impacted by
an employee teleworking? A12. No. Customers have commented that when a
participant is teleworking he/she is often more readily accessible to them.
When the participant is in the main worksite the immediate availability may be
reduced due to meetings for example. Customers do not care where the employee
is physically located as long as they are provided the best customer service.
Q13. Is there a minimum or maximum number of
days a week or month a teleworker can work at an alternative worksite? A13. The minimum recommended in the Conference
Report associated with Public Law 106-346, Section 359 is one day a week.
There is no recommended maximum. Each agency should establish the length of
time in their internal policy. Some Federal agencies allow employees to
telework 2 to 3 days a week, while others allow teleworkers to work 5 days a
week at an alternative site. Also, there are some that allow teleworkers to
work a minimum of 1 day a pay period. Q14. Can teleworkers follow an alternative
work schedule? A14. Yes. In fact, telework schedules should
be sufficiently flexible to permit periodic work schedule adjustments.
Initial telework schedules may require trial and error adjustments to
determine the optimal schedule to meet the needs of the employee and the
organization. Q15. Is teleworking a substitute for full time
dependent care? A15. No. Employees should not be caring for
children or elderly adults while they are working from a home based office or
a main office worksite. However, some short-term or adhoc situations
may work (e.g., school or a day care is closed due to unplanned circumstances
such as snow, power outage, etc.; a caregiver calls at the last minute and
can not take care of the dependent on that given day; etc.). Such situations
should be determined on a case-by-case situation and approved by the
manager/supervisor. The teleworker could still accomplish work and
would not have to take leave and be unavailable for a day. Q16. When the telworker is working from a
home-based office, can another caregiver be in the home taking care of a
dependent(s) (e.g., child or elderly adult)? A16. Yes, as long as the caregiver is taking
care of the dependent(s) as if the teleworker was working from the main
office. This arrangement does not interfere with the performance of the
teleworker’s duties. Q17. Can Telework help an employee with child
or other dependent care needs? A17. Yes, telework can provide valuable
assistance with dependent care. Time saved commuting to the main office can
be spent with family members. For example, a parent may need less after
school care for a school age child or the teleworker may be able to rearrange
his/her work schedule to have time to take an elder parent to the
doctor. However, employees should not be caring for dependents while
they are working from a home-based office during an approved work schedule. Q18. Should managers/supervisors and employees
be educated on Teleworking? Q18. Yes, education of managers/supervisors
and employees is one of the most significant components to making an agency
teleworking program acceptable and successful. Even though teleworking has
been available for a minimum of 10 years in the Federal government it is
still not widely understood and used to the full effectiveness of the
program. For more information on training go to www.telework.gov OFFICIAL DUTY LOCATION Q1. Are employee location-based pay
entitlements are impacted by the determination of an employee’s “official
duty station? A1. Yes, under current regulations, an
employee’s location-based pay entitlements (i.e., special salary rates,
locality payments, and nonforeign area cost-of-living allowances) are based
on the location of his or her official duty station as documented on his or
her most recent notification of personnel action. Q2. What guidance should be used in
determining the “official duty station” of a teleworker? A2. OPM’s current guidance in the “Guide to
Processing Personnel Actions” provides instructions to agencies on documenting
duty station changes. Chapter 23 of the Guide defines “duty station” as the
city/town, county, and State in which the employee works. For most employees,
this will be the location of the employee’s work site.” The Guide states that
the work site of an employee is “the place where he or she works, or at which
the employee’s activities are based, as determined by the agency.” The
Guide further states, “the location of an employee’s work site is the
location of the employee’s desk or the place where the employee normally
performs his or her duties.” OPM believes it is contrary to the intent of the
locality pay law to provide locality payments to an employee who does not
actually perform work “within the locality” in question. (See 5 U.S.C.
5304(c)(1)(A). In addition, 5 U.S.C. 5304(c)(4)(B) and 5304(f)(1)(A)
excludes the payment of locality pay to employees in positions located
outside the continental United States. OPM believes an agency should change
the official duty station of an employee, who enters into a teleworking
arrangement from a long distance (e.g., an overseas location or another State
when the employee works essentially full time from another location). Q3. Are there any exceptions to A2 above? A3. Yes, OPM realizes that there may be
unusual situations in which an agency should not change an employee’s
official duty station even though he or she rarely or never comes into the
office (e.g., in the case of an employee who works temporarily from home
while recovering from an injury or due to an emergency situation at an
employee’s worksite). Q4. Can a teleworker be reimbursed for travel
expenses when the alternative worksite is outside the normal local commuting
distance? A4. Currently, travel expenses are paid only
if the duty station location is changed from the location of the main office.
TRAVEL TIME AS HOURS OF WORK Q1. When is official duty travel authorized or
not authorized for a teleworker? A1. Official travel is authorized when: a) An employee has a preplanned event, e.g., a
meeting in the main or another authorized business location office on the
employee's scheduled teleworking day. This scenario implies that the agency
has a compelling reason to require the employee to work at the main office
for a least part of the day. When that occurs, the agency may cancel the
employee’s authority to telework on the day of the meeting in the main office
or reschedule his or her teleworking day. If a teleworker is required to travel to the
main office during his or her regularly scheduled basic tour of duty on that
day, the agency must credit the travel time as hours of work. In order to
maximize productivity and avoid situations where a teleworker has a greater
pay benefit than employees who do not telework, agencies should avoid requiring
a teleworker to travel to the main office during his or her regularly
scheduled basic tour of duty. (b) An employee is directed to come in to the
office for an unplanned event, e.g., to work on an urgent assignment for
which the employee doesn't have the resources available at home to complete.
If a teleworker is directed to travel to the main office during his or her
regularly scheduled basic tour of duty, the teleworker's travel hours must be
credited as hours of work. If the teleworker is directed to travel back to
the main office before or after his or her regularly scheduled basic tour of
duty for irregular or occasional overtime work, the employee is entitled to
at least 2 hours of overtime pay under the "call back" rules. (See
5 CFR 550.112(h) and 551.401(e).) (c) An employee forgets to take home the
correct resources needed to work all day, so comes in long enough to get them
and return home. A teleworker must receive approval from his or her
supervisor for any trips to the main office on his or her teleworking day. If
the trip is approved and occurs during the teleworker's regularly scheduled
basic tour of duty, the employee's travel time is hours of work. For this
reason, the supervisor must evaluate whether such a trip is necessary before
granting approval. The supervisor may require the employee to work at
the main office for the remainder of the workday. If a teleworker repeatedly
fails to plan properly and does not have the necessary resources to work at
home, the agency should reevaluate the employee's continued participation in
the teleworking program. (d) An employee needs or desires to arrive or
leave the main office during the normal work schedule and is approved to
complete the day at the alternate work site/home. As stated above, if an
employee is permitted to travel to and from his or her teleworking work site
during his or her regularly scheduled basic tour of duty, the travel hours
are hours of work. (e) The employee's alternate work site/home is
outside the 50-mile commute radius or takes more than an hour for the normal
commute. The normal commuting from home to work, and vice versa, is not hours
of work. This applies no matter how long the employee's normal commute
is. EARLY DISMISSAL FOR CLOSURES Q1. Does the recent advice on OPM's website on
Early Dismissal for Closures reflect formal Government-wide policy on this
issue? A1. The guidance is applicable to Federal
agencies and employees in the Washington, DC metropolitan area, but OPM
recommends that other major metropolitan areas adopt similar policies. Q2. Are agencies required to adopt the new
guidance, or can they set their own policy? If they set their own policy, are
there legal and/or regulatory issues they must keep in mind? A2. OPM intends the guidance to apply to employees
in all executive agencies located inside the Washington Capital Beltway.
Although the guidance is not regulatory or statutory in nature, OPM requests
that all agencies making a different decision notify Opm’s Office of
Communications at (202) 606-1800, FAX - (202) 606-2264, or email
news@opm.gov. In addition for Department of Agriculture contact OHRM/PPPD
(202) 720-8629, fax (202) 720-4123 or email: Elizabeth Daly@usda.gov. Q3. Does the new guidance hold true if an
agency closes but the Federal government as a whole does not; or, must each
agency intended to set its own policy as relates to its own closure? A3. If an individual agency decides to close,
that agency must determine its own policy on excusing employees from work.
Each department or agency has discretion to excuse employees from their
duties without loss of pay or charge to leave. OPM advises that the granting
of excused absence should be limited to those situations in which the
employee's absence, in the department's or agency's determination, is not
specifically prohibited by law and satisfies one or more of the following
criteria: (1) the absence is directly related to the department or agency's
mission; (2) the absence is officially sponsored or sanctioned by the head of
the department or agency; (3) the absence will clearly enhance the
professional development or skills of the employee in his or her current
position; or (4) the absence is brief and is determined to be in the interest
of the agency. Q4. If teleworkers were able to continue
working when federal agencies were closed, what are the compensation issues?
Would this simply be the "price" of being able to telework
(agreed-upon in advance), or would some kind of compensatory time and/or pay
be necessary? A4. There are no unique compensation issues if
employees are not excused from their work requirements. Teleworkers who are
not excused from work during their regular work hours and workdays are paid
their regular pay for working during that time. Employees (including teleworkers)
who work their regular work hours are not entitled to additional
compensation, compensatory time off, or credit hours because their main
office is closed. Similarly, employees (including teleworkers) who have an
AWS day off (nonworkday) on a day an agency closes are not entitled to a
"replacement day off" nor to any additional compensation. We note
that an agency may designate an employee who teleworks from an alternative
work site as an “emergency employee.” Q5. If an individual is teleworking from home
and the home site is "closed" (power out, person needs connectivity
to function) and they can't come in to the main office (blizzard) but the
Federal Government is not shut down, must the teleworker take leave? A5. In the situation described, the individual
agency has the authority to establish its own policy. Several options may be
considered. Since circumstances may differ in each instance, the agency may
wish to consider each such incident on a case-by-case basis. Depending
on the particular circumstances, the agency may require the teleworker to
report for work at the main office, grant the teleworker excused absence, or
offer the teleworker the option to take leave or use compensatory time off or
credit hours. Each agency has the discretion to determine whether or not to
grant excused absence to an employee or group of employees. Also, see the
response to 3, above. HOURS OF WORK SCHEDULES Q1. Are there any legal obstacles to prevent
teleworkers from working anytime/anywhere"? If there are, what legal
obstacles would there be? A2. In order for flexible work schedules to
accommodate a “work anytime” concept, the legal requirement for core hours
would have to be changed or eliminated. Core hours are designated hours and
days during which an employee on such flexible work schedule must be present
for work. (See 5 U.S.C. 6122(a)(1).) However, agencies need not require more
than one or two core hours under a maxiflex work scheduling policy. For
example, the “any-80” work schedule under the AWS plan for the U.S. Food and
Drug Administration requires 2 core hours on Wednesday and does not permit
employees to work flexible hours on Sunday. There are no statutory constraints to the
concept of working “anywhere” so long as the employee is working from an approved
office, including teleworking from approved alternative work sites. However,
for employees working away from their designated official duty stations for a
significant period of time, determining entitlement to locality-based
comparability payments and whether the employee’s duty station has changed
are important considerations. See the “Official Duty Station” section for
more information. Q2. Are there any legislation or regulations
that prohibit employees from working outside "normal hours" - however
they are defined? A2. Under 5 U.S.C. 6101 and 5 CFR 610.111 and
610.121, agency heads (or their designated representatives) are required to
establish work schedules in advance of the workweek for full-time employees.
The legislative history of the law establishing alternative work schedules
indicates that the work scheduling requirements in 5 U.S.C. 6101 apply only
to the extent that they are compatible with the authority to establish
flexible and compressed work schedules. OPM shows great deference to an agency's determination that its operations would be seriously handicapped or that its costs would be substantially increased if employees are scheduled to work only on Monday through Friday. In addition, 5 U.S.C. 6101 states that the basic 40-hour workweek must be scheduled on Monday through Friday "when possible." The requirements in 5 U.S.C. 6101 should not be viewed as an impediment to establishing alternative work schedules to accomplish agency work requirements. Employees who work under flexible or compressed work schedules established under 5 U.S.C. 6122 and 6127 may work outside “normal hours” (e.g. Monday through Friday, 8:30 a.m. to 5:00 p.m.) voluntarily without an entitlement to overtime pay. Agencies may also permit employees under flexible work schedules to earn credit hours voluntarily. Q3. Is it possible for employees to work
outside the "normal hours" without being entitled to night pay
differential? A3. Yes. This can be done under the flexible
work schedule program if flexible time bands (hours when employees may work
flexible hours) are broad enough. If an employee's tour of duty includes 8 or
more hours available for work during daytime hours (i.e., between 6:00 a.m.
and 6:00 p.m.), he or she is not entitled to night pay for voluntarily
working during hours for which night pay is normally required (i.e., between
6:00 p.m. and 6:00 a.m.). However, agencies must pay night pay for those
hours that must be worked between 6:00 p.m. and 6:00 a.m. to complete an
8-hour daily tour of duty. If an agency requires employees to work at night
as part of their regularly scheduled workweek, including core hours,
employees are entitled to night pay. Q4. Is it possible for employees to work weekends
and/or Federal holidays without being entitled to premium pay? A4. Employees are not entitled to overtime pay
or compensatory time off for voluntarily working flexible hours or for
earning credit hours. See the definitions of overtime hours in 5 U.S.C.
6121(6) and (7). For credit hours, see 5 U.S.C. 6121(a), 6123(b) and 6126. Flexible hours are considered to be regularly
scheduled work for premium pay purposes. See 5 CFR 610.111(d). If an agency's
flexible time bands include hours on Sunday, and employees under flexible
work schedules work flexible hours on Sunday, the employees are entitled to
Sunday premium pay for up to 8 hours of a tour of duty that begins or ends on
Sunday. A full-time employee under a flexible work
schedule is entitled to holiday premium pay for non-overtime work, including
working flexible hours, on a holiday. Agencies can prohibit employees under
flexible work schedules from working flexible hours during their 8-hour
holiday tour of duty. No night pay may be paid when credit hours are
earned, since employees must voluntarily work credit hours and earning credit
hours is not considered to be regularly scheduled work. Likewise, employees may not earn Sunday
premium pay or holiday premium pay for earning credit hours. This is because
credit hours are not considered to be regularly scheduled hours and are not
part of the employee's basic work requirement. (Note that holiday hours and
hours for which Sunday premium pay may be paid are part of an employee's
basic work requirement.) Q5. Would it make any difference if we
confined "anytime/anywhere" to Mon-Fri or Mon-Sat? A5. An agency can avoid a requirement to pay
Sunday premium pay if it does not permit the employee to work flexible hours
on Sunday and does not schedule core hours on Sunday. Q6. Could such a policy in 5 above also be
extended to employees who do not telework? A6. The work scheduling and premium pay
requirements discussed above apply equally to employees who telework and
those who do not. Q7. Can Teleworkers participate in Alternative
Work Schedules (i.e. 5/4/9; 4/10)? A7.Yes. Consistent with OPM advice, employees
who work alternative work schedules, such as flexible work schedules and
compressed work schedules, may also telework. Supervisors may approve any work
schedule according to the individual's work requirements regardless of work
location. There must be a method to properly account for the time worked (5
CFR 610.404). EQUIPMENT/FURNITURE Q1. Who provides the equipment and furniture needed
at the home-based worksite? A1. Each Federal agency must establish its own
policies on the provision and installation of equipment and furniture, noting
that there is authority for agencies to fund the purchase of equipment for
teleworkers. Q2. What equipment will the employee need at
the home-based worksite? A2. The needed equipment will vary by
situation. For example, a teleworker may need a computer, printer, and fax
machine, along with authorized software. Q3. Who is responsible for maintaining and
servicing Government or privately owned equipment used at the alternative
worksite? A3. Generally, the Government will be
responsible for the service and maintenance of Government-owned
equipment. However, teleworkers using their own equipment are
responsible for its service and maintenance. UTILITIES AND OTHER RELATED EXPENSES Q1. Who pays for any increase in home utility
expenses incurred by employees as a result of telework? A1. The teleworker is currently responsible
for any increases in utility expenses. An agency may not use appropriated
funds to pay for items of personal expenses unless there is specific
statutory authority. Q2. Must a teleworker who works from a
home-based office have a second telephone line? Who pays for the installation
of the second line? A2. Each agency must establish its own
policies on the requirement to have a second telephone line; however, having
a second line is encouraged. If the agency requires a second line, the agency
has statutory authority to pay for the installation of the second line
(Public Law 1054-52). Q3. Are business phone calls made from a
Telecenter or home based office reimbursable by the agency? A3. Yes. An employee may be reimbursed for
business related long distance phone calls over the employee’s personal
phone. GSA regulations (41 CFR 101.7) provide for the reimbursement on
SF 1164 for telephone calls approved by the supervisor. Agencies may also
provide employees with Government telephone credit cards. Q4. Can teleworkers be reimbursed for monthly
expenses of Data Security Lines (DSL) that are necessary forthe teleworker to
perform his/her tasks by accessing databases, secure information, etc.? A4. Yes. An employee may be reimbursed for
business related items such as DSL communications when required to perform
their government tasks. Q5. Can teleworkers be reimbursed for monthly
Internet access expenses when it is determined to be necessary in order for
the teleworker to perform his/her tasks and communicate with customers? A5. Yes. An employee may be reimbursed for
monthly Internet access expenses. Q6. Can teleworkers be reimbursed for FedEx
expenses in sending documents to customers, colleagues, etc.related to
government-performed tasks? Q6. Yes. HEALTH AND SAFETY Q1. What law, rule or regulation covers
Federal employee safety and health issues, and who is accountable? A1. Section 19 of the Occupational Safety and
Health Act (the Act) (www.osha-slc.gov/OshAct_data/OSHACT.htm#19) sets forth
the obligations for Federal agencies with regard to safe and healthful
working conditions for Federal employees. Under that section, it is the
responsibility of the head of each Federal agency to establish and maintain
an effective and comprehensive occupational safety and health program
consistent with the standards promulgated under section 6 of the Act. Executive Order 12196,
(www.usbr.gov/safety/eo.htm)Occupational Safety and Health Programs for
Federal Employees, provides that the Secretary of Labor issue basic program
elements in accordance with which the heads of agencies shall operate their
safety and health programs. 29 CFR Part 1960,
(www.osha-slc.gov/OshStd_data/1960.html) Basic Program Elements for Federal
Employee Occupational Safety and Health Programs and Related Matters contain
these basic program elements. Although agency heads are required to operate
in accordance with the basic program elements, those elements contain
numerous provisions that permit, by their terms, agency heads the flexibility
necessary to implement their programs in a manner consistent with their
respective missions, sizes, and organizations. Under Part 1960, each Federal
agency establishes and implements their own safety and health program to
address how to maintain a safe and healthy work environment at alternate work
sites. Q2. At what point does an alternate work site
become subject to Federal safety and health policies? A2. Once a supervisor has agreed to allow an
employee to work at an alternate work site, that site becomes subject to
Federal safety and health policies. It is important to note that only the
actual work site (i.e., area used as the office) is subject to these policies
and not, for instance, the entire house, apartment, etc. Q3. Has OSHA staff reviewed the Office of
Personnel Management's current guidance including the Sample Agreement and
Sample Self-Certification Safety Checklist? Are there specific questions on
the safety checklist that would be an automatic "flag" to the
supervisor to disallow this arrangement or require some appropriate action on
the part of the employee? A3. The Sample Self-Certification Safety
Checklist was originally developed with input from OSHA staff. The Sample
Agreement is not within the scope of OSHA's responsibilities. There are
no automatic "flags" to indicate to a supervisor to disallow a
particular arrangement; however, the supervisor should review the checklist
with the employee, and document any discussions needed to clarify
information. In addition, supervisors should focus on the actual area where
work will be performed rather than the entire home, or a stairway, for
instance, that may not necessarily be used to get to the work area. Q4. Do you consider the current guidance and
safety checklist to be accurate and sufficient to protect employees working
at alternate work sites? Would you like to offer any supplementary advice or
information relative to the various possibilities of remote working which are
broader than working at home, for example, when working in a hotel room or
while traveling on public transportation or in a privately-owned or
Government-owned vehicle? A4. For most Federal employees working at
alternative work sites, the safety checklist is adequate; however, some
positions may require additional safeguards, and agencies should modify the
checklist as needed to address those unique situations. Federal employees who
work in establishments of private employers are covered by their own
agencies' occupational safety and health program. Although an agency may not
have the authority to require private entities to correct deficiencies, the
agency head must assure safe and healthful working conditions for his/her
employees. This shall be accomplished, to the extent necessary, by
administrative controls, personal protective equipment, or withdrawal of
Federal employees from the private sector facility to assure that employees
are protected. In addition, periodic safeguards are issued on a
government-wide basis such as wearing seat belts in taxi cabs or government
owned vehicles, staying in hotels with fire sprinkler systems, etc. Q5. Is there a need to establish
government-wide policy and guidance regarding when self-certification of the
work site is adequate or when it is necessary to do more (i.e., home
inspections)? A5. The head of each agency is required to
develop, implement, and evaluate an occupational safety and health program
which provides employees a place of employment free from recognized hazards
that cause or are likely to cause death or serious illness, to include alternate
work sites. Agency telework policies should outline under what conditions a
home inspection might be necessary due to the type of work being performed
there, or based upon a credible complaint that the work site may not be
healthful, and how the inspection would be carried out. This should be done
in consultation with the Designated Agency Safety and Health Official. OSHA Instruction on Home-Based Worksite
Inspections (dated February 25, 2000) states that the Occupational Safety and
Health Administration (OSHA) will not conduct inspections of employees’ home
offices, nor will OSHA hold employers liable for employees’ home offices, and
does not expect employers to inspect the home offices of their employees. Q6. Does OSHA offer guidance (either in a
publication or web site) that provides basic information and guidance to
employees about safety and health issues in a home or other alternate work
site? A6. [www.telework.gov provides the extract
from OSHA instruction above] No, the responsibility for the safety of Federal
employees rests with each individual agency head. Therefore, employees should
review information provided by their Designated Agency Safety and Health
Official. Q7. Does OSHA offer guidance (either in a
publication or web site) that provides basic information and guidance to
supervisors/managers of teleworkers about safety and health issues in a home
or other alternate work site? A7. No, the responsibility for the safety of
Federal employees rests with each individual agency head. Therefore,
supervisors should review and/or request guidance from their Designated
Agency Safety and Health Official. It should be noted that OSHA offers
compliance and technical assistance to agencies that have questions; however,
OSHA would not conduct a home evaluation or inspection. A list of OSHA Area
or Regional Office addresses and telephone numbers can be found at
www.osha.gov. Q8. To what extent, if any, does state law
prevail over safety and health issues of Federal workers? A8. Federal employees are not covered by state
occupational safety and health laws. Q9. Do employees need to complete a safety
checklist when their alternate work site is a telecenter or other government
"leased" space, as in a hotelling situation? A9. No, documents used by GSA or other Federal
agencies to lease space that will be occupied by employees contain standard
language that addresses safety and health issues. GUIDELINES FOR
MANAGERS/SUPERVISORS TO TAKE PRIOR TO AN EMPLOYEE TELEWORKING 1. Identify which tasks performed by staff are
suitable for teleworking. 2. Identify the characteristics an employee
must possess to be eligible to telework. 3. Determine if the organization will: a. Establish a Trial Period for each telework
arrangement; b. Provide computer equipment, printer, fax or
will the employee be required to provide these items if working from home
alternative worksite; pay for installation of a second phone line at the home
alternative worksite; d. Pay for Internet Service (i.e. AOL,
Earthlink, etc.); Pay for DSL (if employee needs access to any data files
while at home Alternative worksite; and, f. Pay for an employee to work at a GSA or
USDA Telecenter. 4. Arrange with the operating personnel office
work/life coordinator to train management staff and employees on teleworking.
5. Discuss teleworking with the entire staff
and cover: a. Items 1 – 3 above; b. Office coverage when teleworker is not
physically present; c. Who will transfer and retrieve teleworker’s
office phone while teleworking; d. Importance of keeping teleworker’s informed
when not physically in the main office; e. Scheduling meetings, when possible and
feasible, when teleworkers are present in the main office; and f. Considering having conference calls with
teleworkers for meetings. 6. When eligible employees request to
telework: a. Discuss items 1-3 above; b. Discuss the teleworking agreement with the
employee; c. Employee sign an agreement only after
discussion of the agreement with the employee; d. Complete and sign a Safety Checklist if
employee will be working from home alternative worksite; and, Complete a GSA
Telecommuting Facility Reimbursement Information Sheet if employee will be
working from a GSA Telecenter. 7. When the teleworker arrangement is
approved: a. Contact agency Resource Manager to: b. Provide copy of approved agreement to the
employee, resource manager, and timekeeper. GUIDELINES FOR EMPLOYEES WHO
TELEWORK 1. Discuss teleworking arrangement with
manager/supervisor. 2. Prepare a memo to manager/supervisor
requesting to telework. Include the following in the memo: a. Reason for requesting the teleworking
arrangement; b. Benefits to the organization and the
employee; c. Day(s) for teleworking; d. Location for alternative worksite; e. Equipment that will be needed or will
provide own; and, f. Effective date to begin teleworking. 3. When teleworking arrangement is approved: a. Discuss teleworking agreement with
supervisor; b. Determine what the organization will
provide and not provide to the teleworker; c. Sign the teleworking agreement; d. Sign a Safety Checklist if the alternative
worksite will be at home; e. Complete a GSA Telecommuting Facility
Reimbursement Information Sheet if the alternative worksite will be at a GSA
Telecenter; Know who is going to be responsible for transferring and
retrieving office phone on teleworking day(s). Discuss the arrangements with
the individual; and, g. Contact resource manager to ensure the
authorization to transfer office phone, the Federal calling card, and any
authorized equipment, etc. has been approved. 4. Responsibilities of teleworker: a. Ensure customer service is maintained; b. Send a reminder to manager/supervisor of
the work location for that day; c. Ensure arrangements are made to transfer
and retrieve the office phone on teleworking day(s); d. Ensure materials needed to perform work
assignments are taken to alternative worksite. e. Keep in contact with office colleagues to
keep informed and updated; f. Check voice message every hour and return
telephone calls, if phone is not transferred; g. Check e-mail every hour and respond, when
appropriate; h. Ensure Federal Calling Card is used to make
long distance phone calls; i. Change teleworking schedule if he/she is
needed at the main office on regularly scheduled teleworking day; and, j. Immediately notify the manager/supervisor
if an emergency should arise while teleworking at the designated alternative
worksite. SAMPLE TELEWORKING AGREEMENT (PDF) DATE: NAME: AGENCY: POSITION: ADDRESS: LOCATION OF DESIGNATED HOME OFFICE OR WORK AREA: HOME TELEPHONE: SUPERVISOR’S NAME: 1. General Services Administration/Office of Personnel Management: http://www.telework.gov/ 2. Mid-Atlantic Telecommuting Advisory Council: http://www.m-atac.org/ 3. General Services Administration: http://www.gsa.gov/ 4. Washington Metropolitan Council of Government: http://www.mwcog.org/commuter 5. International Teleworking Association Council: http://www.telecommute.org/ 6. Telework Exchange: http://www.teleworkexchange.org/
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