OSHA + Remote Work: What Changed (2025–2026)

If you're managing a hybrid or remote workforce, you've probably wondered: "Am I supposed to inspect my employees' home offices? What happens if someone gets hurt working from their dining room table? And what does OSHA actually expect from me?"

You're not alone. As of April 2025, 21.6% of the U.S. workforce teleworked, and over 32.6 million Americans now work remotely, making up 22% of the national workforce. That's a massive shift from pre-pandemic levels, and it has created a compliance gray area that leaves many employers scratching their heads.

Here's the good news: OSHA's stance on remote work is actually more reasonable than you might think. The bad news? There are still real obligations you need to understand, and the insurance implications are more complex than most brokers will tell you.

The Baseline: What OSHA Actually Says About Home Offices

Let's start with what OSHA has made crystal clear: OSHA will not conduct inspections of employees' home offices, will not hold employers liable for employees' home offices, and does not expect employers to inspect an employee's home office.

Read that again. You are not expected to send someone to check if your accountant's home desk is ergonomically correct.

But here's where it gets more nuanced. OSHA distinguishes between two types of remote work setups:

Home offices are where employees perform typical office work: typing, video calls, reading, writing, and similar computer-based tasks. For these setups, OSHA takes a hands-off approach.

Home-based worksites are different. These are areas where workers perform manufacturing operations like industrial sewing, baking, woodworking, product assembly, packaging, or 3D printing. If you have employees doing this kind of work from home, OSHA will investigate complaints about safety hazards, though inspections remain limited to the work area itself.

When OSHA Recordkeeping Still Applies

Even though OSHA won't inspect home offices, you still have recordkeeping obligations. Injuries and illnesses that occur while an employee is working from home are considered work-related if the injury occurs while the employee is performing work for compensation and is directly related to the performance of work rather than to the general home environment.

The key question is always: Did this injury arise from work activities, or from the home environment itself?

If an employee trips on the family dog while rushing to answer a work phone call, the case is not considered work-related. If an employee is electrocuted because of faulty home wiring, that's also not work-related. But if an employee develops carpal tunnel syndrome from typing at an improperly set up workstation for months? That's a different story.

The General Duty Clause Still Applies

Here's what matters most: Under OSHA's General Duty Clause, every employer has a general duty to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm." This duty applies regardless of where employees are working.

You can't physically control your employees' home environments. But you can (and should) provide guidance, equipment, and training to help them work safely.

What Employers Actually Need to Do

So if you don't need to inspect home offices, what are your real obligations?

1. Provide Ergonomic Guidance (Not Mandates)

OSHA recommends that employers provide information to employees on the proper setup of home workstations, including guidance on chair and desk ergonomics and promoting regular breaks and stretching exercises to prevent musculoskeletal disorders.

Notice the word "recommends." This isn't about requiring employees to have a $1,200 ergonomic chair. It's about giving them the information and resources they need to set up a reasonably safe workspace.

Why does this matter? Because the ergonomic injury data from remote work is sobering. In a survey conducted in May and June 2020, 41% of Americans reported feeling new or increased shoulder, back, and wrist pain since they started working from home. More recent research shows 61.2% of homeworkers reported musculoskeletal discomfort while working from home.

The problem isn't just pain. It's recordable injuries. The private sector experienced 976,090 musculoskeletal disorder cases in 2021-2022, and about 30% of all days-away-from-work cases are MSD-related.

2. Consider Equipment Stipends or Provisions

Many employers are addressing ergonomic risks by providing or subsidizing home office equipment. There's no federal OSHA requirement to do this, but some states have their own rules.

Even in states without reimbursement mandates, providing basic equipment (or a stipend for employees to purchase it) is smart risk management. It's a lot cheaper than a workers' compensation claim.

3. Clarify Your Remote Work Policies

You need clear, written remote work policies that address:

• Expected work hours and break schedules
• Incident reporting procedures for home-based injuries
• Ergonomic setup guidelines and available resources
• Safety expectations (adequate lighting, clear workspaces, proper electrical setup)
• Who to contact with safety concerns

These policies serve two purposes: they help employees work more safely, and they provide documentation if a workers' comp claim is disputed.

4. Maintain Workers' Compensation Coverage

Remote and telecommuting workers typically are covered under workers' compensation policies if the injury or illness occurs while an employee is completing a work task during work hours.

But here's the catch: the burden of proof falls on the employee. They need to demonstrate the injury was work-related, not something that would have happened regardless of where they were working. Clear policies and incident reporting procedures make this process smoother for everyone.

What's Actually Enforceable (and What Isn't)

Let's talk about enforcement reality.

OSHA's Limited Reach

If OSHA receives a complaint about a home office, the complainant will be advised of OSHA's policy. OSHA may informally notify employers of complaints about home office conditions, but will not follow up.

Translation: OSHA isn't coming to your employee's house because they complained about their kitchen table setup.

For non-office home-based worksites (manufacturing, assembly work, etc.), OSHA will only conduct inspections when a complaint indicates that a violation of a safety or health standard threatens physical harm, or an imminent danger exists. Inspections are limited to the employee's work activities.

Contractual vs. Regulatory Obligations

Here's an important distinction: just because OSHA doesn't require something doesn't mean you're off the hook.

If your employee handbook promises ergonomic assessments for all employees, or if your client contracts require certain safety protocols, those create legal obligations regardless of what OSHA says. Make sure your policies align with what you're actually able and willing to provide.

The Insurance Angle: Where the Real Risk Lives

This is where many employers get blindsided. The workers' compensation story is only part of the picture.

Workers' Comp: A Tale of Two Trends

The data on remote work and workers' comp claims is fascinating and contradictory.

On one hand, workers in remote-friendly office positions experienced up to 40% fewer workers' compensation claims since 2020, with frequency remaining at those reduced levels. That's great news for premium calculations.

But recent industry research shows that the rate of injury claims has been increasing for remote workers, ranging from a 24% to 54% rise on average.

What's going on? The first stat reflects fewer slip-and-fall accidents, less exposure to workplace violence, and reduced commute-related injuries. The second stat captures the rise in ergonomic injuries, mental health claims, and the challenges of proving work-relatedness.

The bottom line: your workers' comp auditor will want to see documentation of your remote work safety programs. Having policies in place can help manage both claims and premiums.

General Liability: The Client Visit Problem

Here's a scenario most employers haven't considered: If a client visits your employee's home office, trips, and gets injured, they could sue you for damages.

Your general liability policy may cover this, but many policies have a "designated premises" endorsement that limits coverage to locations specifically listed on the policy. If your employees regularly meet clients at home, you need to verify this coverage with your broker.

EPLI: The Accommodation Minefield

Remote work has created new employment practices liability exposures. Modern EPLI exposures include remote work considerations, as policies must ensure consistent treatment across on-site and remote employees.

Here's why this matters: if you provide ergonomic equipment to office workers but not to remote workers, you may be creating a discrimination claim. If you deny a reasonable accommodation request for home office equipment, you may be violating the ADA.

The EEOC recovered $700 million for workers claiming discrimination in 2024, and discrimination charges are up 9.2% from the year before, with 88,531 new charges filed in 2024.

Cyber Risk: The Biggest Blind Spot

This is the exposure that keeps insurance professionals up at night.

73% of remote employees use personal devices for work, which often lack the endpoint detection and response agents and strict patching schedules of corporate-owned machines. And data breaches where remote work was a factor cost $173,074 more on average than those where it was not.

The stats get worse. The average cost of a data breach rose by 10% to an all-time high of $4.88 million, and 74% of organizations attribute recent cyberattacks to vulnerabilities created by remote working.

Most concerning: remote-access tools accounted for 80% of direct ransomware infections in 2024.

If your cyber liability policy was written before your workforce went remote, it may not adequately cover these exposures. VPN vulnerabilities, BYOD (bring your own device) risks, and home network security all create coverage gaps that standard policies don't address.

The Winter-Dent Difference

Remote work creates a compliance gray area where many brokers shrug their shoulders. Our risk management consultants help you build practical remote work safety programs that satisfy your legal obligations without creating unmanageable burdens, then structure insurance programs that reflect your actual exposure.

We don't just look at workers' comp. We examine your entire risk profile: general liability coverage for client visits to home offices, EPLI implications of ergonomic accommodation requests, cyber risk from employees working on home networks, and the property insurance gaps most employers miss.

Ready for a Remote Work Risk Assessment? 

We'll review your current policies, practices, and coverage for compliance gaps and provide a clear action plan. Contact us today to schedule your assessment.

Frequently Asked Questions

Do I need to inspect my employees' home offices?

No. OSHA explicitly states it does not expect employers to inspect home offices. However, you should provide ergonomic guidance and make resources available for employees to self-assess their setups.

Are remote workers covered by workers' compensation?

Yes, if they're injured while performing work-related activities during work hours. The key is proving the injury arose from work, not from the home environment itself.

Can OSHA cite me for a safety violation at an employee's home?

For typical home office work (computer-based tasks), no. For home-based manufacturing operations, OSHA may investigate complaints about serious safety hazards, but inspections are limited to the work area itself.

Do I need separate insurance for remote workers?

Not necessarily, but you should review your existing policies with your broker. General liability, workers' comp, cyber liability, and property insurance may all need adjustments to adequately cover remote work exposures.