Domestic-service exemption for elder care in a residence

February 21, 2001

Mr. John J. Genuise, Principal

Byington & Genuise, LLC

[Recipient address omitted]

Dear Mr. Genuise:

Thank you for your November 14, 2000 letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Compliance Programs (DCP). This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any scenario not delineated within your original correspondence. You had a specific question regarding 29 Code of Federal Regulations §1975.6 regarding caring for the elderly in a personal residence.

Question:

Concerning the "caring for children" portion of the regulation, would "caring for the elderly" also be covered in the same manner?

Response:

The OSHA regulation at 29 CFR §1975.6 sets forth OSHA's policy not to apply the requirements of the Occupational Safety and Health Act with respect to "individuals who, in their own residences, privately employ persons for the purpose of performing for such individuals what are commonly regarded as ordinary domestic household tasks, such as house cleaning, cooking, and caring for children."

We believe the type of employment exempted by this regulation would include domestic household tasks performed for an elderly member of the household which has employed the employee in question. For your information we are also including a copy of OSHA Instruction CPL 2-0.125, Home-Based Worksites, which was issued February 25, 2000.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Assistance at (202) 693-1850.

Sincerely,

R. Davis Layne

Acting Assistant Secretary

Enclosure