Domestic household employment policy

Yes — OSHA does not apply to individuals who, in their own residences, privately employ persons to perform ordinary domestic household tasks for the household’s benefit. This is the policy set out in 1975.6, which explicitly exempts such domestic household employment (for example, housecleaning, cooking, and caring for children) from the requirements of the OSH Act with respect to that employment.

Ordinary domestic household tasks include routine activities done for the benefit of the household, such as house cleaning, cooking, and caring for children. The policy in 1975.6 lists these as examples of the kinds of tasks for which private household employers are not subject to OSHA requirements with respect to that employment.

Yes — caring for an elderly household member in the employer’s own residence is treated the same as caring for children and is included in the exemption. OSHA confirmed that the type of employment exempted by 1975.6 would include domestic household tasks performed for an elderly member of the household in the employer’s residence in its February 21, 2001 letter of interpretation.

No — the exemption in 1975.6 applies to individuals who, in their own residences, privately employ persons for ordinary household tasks. If a business, agency, nonprofit, or other organization (rather than an individual in a private residence) employs the worker, OSHA coverage and standards generally apply to that employer with respect to its employees.

No — the exemption is limited to ordinary domestic household tasks performed for the benefit of the individual in their residence; it does not cover activities that are commercial or outside the ordinary household scope (for example, construction trades, commercial landscaping, or work that is part of a business operation). See 1975.6 for the scope of the household exemption.

No — the exemption in 1975.6 applies only to household employment performed in the individual employer’s private residence for household benefit. Work performed at a separate business location or any other workplace is not within that residence-based exemption and is subject to OSHA coverage if there is an employment relationship.

Generally no — if individuals truly serve as unpaid volunteers with no compensation and no employment relationship, OSHA’s view is that they are not employees subject to the OSH Act; OSHA has addressed volunteer status in its May 13, 2005 letter of interpretation. However, the factual circumstances matter: if there is an employment relationship (payment, direction, or other indicia of employment), OSHA coverage could apply. The household exemption in 1975.6 still applies when the facts fit the rule.

The exemption in 1975.6 means that OSHA’s statutory requirements do not apply to the household employment described (individuals privately employing persons in their own residence for ordinary household tasks). That policy limits OSHA’s application of the Act to such employment; it does not change obligations under other laws (for example, workers’ compensation or state rules) and does not prevent employers from voluntarily maintaining safe practices. For questions about state-level obligations, note that some State Plans may have different coverage rules (see the May 13, 2005 letter of interpretation).

No — the exemption in 1975.6 focuses on the type of employment (private household employment in the employer’s own residence performing ordinary domestic tasks), not on the specific pay arrangement. However, whether an employment relationship exists at all (and thus whether any law applies) can turn on factual factors; see OSHA’s discussion of employment relationships and volunteers in its May 13, 2005 letter of interpretation for related guidance.

Probably not — if the activity is a business (for example, operating a daycare that serves multiple paying clients), that operation is more than private household employment for the benefit of the individual employer and generally would not fall under the personal-residence exemption in 1975.6. Such business operations are typically subject to OSHA coverage if an employment relationship exists.

Start by determining whether an individual employer: (1) is acting in their own private residence; and (2) has privately employed the worker to perform ordinary domestic household tasks for the household’s benefit. If both are true, 1975.6 describes the policy that OSHA requirements do not apply with respect to that employment. If either element is missing—such as if the employer is a business, the tasks are commercial or non-household, or the work is at another site—OSHA coverage is more likely. For additional help on whether individuals are employees or volunteers, see OSHA’s May 13, 2005 interpretation.

The household exemption itself addresses private residences; OSHA has stated that employees working on Indian reservations are generally entitled to the same protections as other private-sector workers and that tribes are treated like private employers for coverage purposes (see OSHA’s March 25, 1993 letter of interpretation). Whether the specific private-residence household exemption applies will depend on whether the employment meets the criteria in 1975.6 (individual employer in own residence providing ordinary household tasks). If not, OSHA jurisdiction and standards may apply.

Yes — States operating their own OSHA-approved State Plans may set coverage rules that differ from federal OSHA, and some State Plans extend coverage to workers whom federal OSHA does not (for example, certain volunteers). OSHA noted this possibility in its May 13, 2005 letter of interpretation. To know whether state rules apply, check the specific State Plan’s policies.

If the worker is employed by a single individual for the individual’s own residence, 1975.6 applies and the exemption covers that employment. But if the employment relationship is with a joint employer arrangement, an agency, or a business that serves multiple households (so the employer is not simply an individual employing a worker for that individual’s private residence), the exemption in 1975.6 would not apply and OSHA coverage is more likely. See also OSHA guidance on employer definitions and joint-employer circumstances in related letters of interpretation such as the April 25, 1994 Field Sanitation letter for how employer status can be a fact-specific determination.

Yes — the 1975.6 policy concerns whether OSHA’s statutory requirements apply; it does not prevent a household employer from voluntarily adopting OSHA standards or safety practices to protect workers. OSHA has encouraged training and safe practices for volunteers and others even where the Act does not impose coverage (see the May 13, 2005 letter of interpretation). Voluntary compliance can reduce injury risk and clarify obligations under other laws (for example, workers’ compensation).