ITAC Telework America Workshops
 

Workshop 6
LAYING THE FOUNDATION

Eddie Caine, Past President of ITAC  

INTRODUCTION

Laying the proper foundation for your telework program is key to its long-term success. Recognizing the importance of this first period of planning, we at Symantec have joined forces with ITAC (International Telework Association and Council) to provide you the information necessary to develop a solid and reliable telework program. Symantec is contributing to the development of these telecommuting programs through the technology phase, yet we believe that each of the phases hold equal importance. Much like a puzzle piece, each phase is necessary to complete the picture and provide you, your employees and your company with a solution that works and meets your needs.

We hope that the information provided in the April 99 ITAC Workshop helps answer your questions about laying the foundation for telecommuting at your company.

Best regards,

Joe Licari
Symantec Corporation
Senior Director Product Management, Remote Productivity Solutions


CONTENTS


INTRODUCTION

Most teleworking today is informal--without policies, standards, evaluation criteria or training. Without understanding the potential pitfalls, supervisors simply allow employees to work at home or on the road. Also called "tele-guerillas," this emerging workforce is faced with numerous challenges that, not only strain the organization’s resources, but adversely affect the teleworker’s personal life as well. Hence many programs fail before they really start.

To guarantee success, start with a strong foundation. With advanced planning and the right tools the program administrator can become a telework champion. Keep in mind that corporate rationale for teleworking is simple. Although there are many reasons why companies accept telework, they all have one principle in common; a bottom line benefit must be derived from pursuing this arrangement. Most organizations initiate programs for the following reasons:

  • In response to losing a valued employee
  • A strategy for reducing capital costs
  • A desire to achieve a competitive recruiting edge
  • A method used to tap an under-utilized labor pool
  • An initiative to help employees balance work and family
  • An important tool to enhance the organization’s public image
  • A measure to assist in complying with local air quality requirements

The tools contained in the section will enable you to lay a strong foundation and ensure success in your commitment to implement a telework program. Tailor the materials contained in this article to keep your program on track with the reason your program was started.

The Telework Application

As we learned from last month’s article, some employees are not well suited for, nor interested in, working away from the traditional office. Teleworking should never be a covert operation. Everyone in your organization should be given complete information as to the conditions surrounding, and guidelines for participation in, the telework program. You can save yourself a lot of time if you assemble a preview packet of information to your employees. The packet should include:

  • A telework fact sheet (facts supporting your corporate rationale for telework)
  • Most frequently asked questions (see the ITAC web site resource list)
  • Telework policies and agreement (contained in this article)
  • List of technologies and/or equipment available to teleworkers (ITAC sponsors are excellent resources for solutions to remote work)
  • Selection criteria (covered in last month's TELEWORK AMERICA curriculum)
  • Application form (contained in this article)

This packet should be a complete guide to anyone wanting to be considered a candidate for remote work. When the employee has reviewed the information, he or she would complete the application and give it his or her supervisor. The supervisor then conducts a preliminary review and, in some organizations, forwards the application to Information Services and Human Resources. IS and HR reviews and returns the application with comments and/or recommendations to the supervisor. The supervisor then meets with employee to discuss approval or reason for denial.

Design your telework application to contain the following:

 General information:

  • Employee name
  • Proposed telework start date
  • Employee’s phone number and e-mail
  • Department name
  • Name of supervisor and/or manager
  • Supervisor’s phone number and email
  • Brief description of how telework can improve employee performance

 Anticipated work location and schedule:

  • Telework address or site
  • Telework days (hours to be worked)
  • Phone, voice mail, pager, wireless phone and/or fax number(s)
  • E-mail (if different than above)
  • If above information is restricted -- define restrictions

 Equipment and/or software:

  • Employer provided hardware/equipment (list)
  • Employee provided hardware/equipment (list)
  • Employer provided software/services (list)
  • Employee provided software/services (list)

 Connectivity needs:

  • Employer/employee provided phone lines
  • Employer/employee provided Internet services
  • Remote access to network

 Furniture/facilities needs:

  • Employer/employee provided chair
  • Employer/employee provided desk
  • Employer/employee provided lighting

The teleworker should sign the application agreeing to all the information contained in the preview packet. The applicant should also agree to participate in the required training and program evaluation. If the option to telework is approved, the employee’s supervisor and/or manager should also sign and date the application. If the candidate is denied an opportunity to participate, a complete explanation should be given for the refusal. All approved candidates will need to read and understand the organization’s telework policies.

The Telework Policy

By establishing policies for your telework program, you can help ensure a smooth transition from office to remote work location. Written by the telework committee, a policy document should include general employment information, program guidelines and address several important legal issues such as:

  • Job Performance Standards
  • Conditions of Employment/Salary/Benefits
  • Work Responsibilities and Hours
  • Dependent Care
  • Equipment/Supplies
  • Safety and Liability Exposure
  • Communication
  • Personal Expenses
  • Security
  • Safety and Ergonomics

The list of topics may appear to be long and involved, but many of the issues can be addressed with one or two well-phrased sentences. In fact, try to keep your policy document as concise and easy to read as possible. Huge burdensome documents will likely scare prospective telework candidates away.

Job Performance Standards

The standards for job performance for teleworkers need to match the expectations for employees who work in the office. Some adjustments may have to be made, but the overall principles regarding issues such as number of hours worked, production standards, initiative, and attitude should remain consistent or improve.

Conditions of Employment, Salary and Benefits

Where an employee conducts their work should not change conditions of employment such as salary, benefits, or insurance. In fact, teleworking is a management tool to improve worker efficiencies, an earned privilege and not an entitlement or a universally applied employee benefit.

Work Responsibilities and Hours

The tasks an employee performs remotely may differ from those in the office. Equipment needs or project complexity may dictate what can be handled remotely.

As noted earlier, a teleworker’s efficiency should not decrease when working away from the office. In fact, research shows that productivity by teleworkers is typically higher than their office-bound counterparts.

One of the benefits of teleworking is the flexibility of work hours. Teleworkers may choose to start early and take an afternoon break or start later and work later into the evening. Hours worked should be clearly defined in a written agreement between employee and supervisor. Most employers set core hours when the teleworker must be accessible for teleconferences and phone calls.

Dependent Care

Teleworking may not be used as a substitute for child or elder care. The arrangements that apply on days worked in the office remain the same for telework days. Of course, a child’s age needs to be taken into consideration. Adolescents and teenagers can likely take care of themselves when they get home from school. Younger children may or may not be independent and able to play quietly while mom or dad works. Set policies, but include some flexibility. Parents who overestimate their child’s independence will likely correct the situation after a few afternoons full of interruptions.

Equipment and Supplies

Generally, teleworkers provide their own equipment (computer, printer, phone), but use supplies (paper, disks, paper clips, etc.) provided by their employer. Several issues regarding equipment must be addressed in your telework policies. Work with your committee to outline procedures that will address the care and handling of office software and hardware.

  • What rules will apply to employer-owned equipment? Software?
  • Who will pay for an extra telephone line installation and monthly fees?
  • Who will cover damage or wear and tear of equipment owned by employees?
  • Who will cover damage to employer-owned equipment?
  • What materials may not be taken out of the office or accessed through the computer?

The Telework Agreement

At the conclusion of the teleworker training, both the teleworker and his or her supervisor should complete and sign the agreement. Important legal concerns are alleviated due to the information contained in the organization’s telework policy and agreement. Most of this information is already contained in the telework application.

Design your telework agreement to contain the following:

General information:

  • Employee name
  • Training and anticipated telework start date
  • Employee’s commute office phone number and e-mail
  • Department name
  • Name of supervisor and/or manager
  • Supervisor’s phone number and email
  • Description of typical work performed and how performance will be measured

Alternate location and schedule:

  • Telework address or site
  • Telework days (hours to be worked)
  • Home or mobile phone, voice mail, pager and/or fax number(s)
  • E-mail address (if different than above)
  • If above information is restricted -- define restrictions

List equipment and/or software used:

  • Employer provided hardware/equipment
  • Employee provided hardware/equipment
  • Employer provided software/services
  • Employee provided software/services

List connectivity needs:

  • Describe employer/employee provided phone lines
  • Describe billing procedures for dealing with additional voice and data charges
  • Describe frequency and method for staying in touch with the office
  • Describe employer/employee provided Internet services
  • Describe remote access to network
  • Describe how company products, documents and/or other records will be maintained and security policies followed.

New and/or existing furniture and equipment used for telework:

  • Describe employer/employee provided chair
  • Describe employer/employee provided desk
  • Describe employer/employee provided lighting

The teleworker and supervisor should sign the agreement stating the he or she has participated in the telework training and read and understands the information contained in the telework policies.

The Telework Training

When we send our employees away from the traditional office, the one they’ve become so familiar with for so many years, it’s a little like the last time your organization decided to move to a new facility. For the first few weeks the phones didn’t work right, the equipment seemed to have developed a bad attitude and only half of the furniture was delivered on time. Teleworking is actually asking an employee to physically decentralize while remaining logically centralized. They need your help and the support of the whole organization.

The United States Marines have a saying—"The more you sweat in peace, the less you bleed in victory." As a program administrator, it’s your job to prepare this distant worker. Training your teleworkers and their managers will pay hefty dividends throughout the life of your program. If your organization does not employ an in-house trainer or facilitator, you’ll want to contract the services of an experienced and qualified professional.

Here's ten training tips to keep in mind when designing your training program.

Customize your training program to meet the social, political and technical needs of the organization. The amount of time you should commit to your training workshops may be more time than management will want to allow. Dedicating an adequate amount of time is important for both the supervisor and teleworker. Try to dedicate at least a half-day. A well-organized, four-hour, interactive workshop can accomplish a great deal.

Invited to the training would be prospective telecommuters, supervisors and program organizers. Design the training as an interactive workshop and encourage full participation. Teleworkers should bring their personal calendar and a notepad. The agenda for the workshop should look something like this:
Draft Agenda
1

Welcome and Introductions (Warm-up participants, you’ll want them talking):

A. Purpose of Teleworking Program (Have your organization’s top management describe your organization’s program drivers)

B. Initial concerns about working away from the office (Ask all training participants to voice their program concerns and list them on a flip chart.)

2

Overview of Teleworking (Present a general overview of teleworking—most of the tough questions should have been answered prior to this meeting--but don’t be surprised, be ready)

A. What is teleworking?

B. Employer advantages and disadvantages

C. Employee advantages and disadvantages

D. Types of jobs suitable for remote work

E. Who is best suited for teleworking?

3

Overview of Policies (Have your Human Resource manager read and review telework policies)

4 Technology Enablers (Have your Information Services manager review the technology available to teleworkers and answer everyone’s questions)
5 Everyone will need a break by this time. When everyone returns, ask the teleworkers and supervisors to separate. Dialogue is more open and productive when they’re among their peers. A facilitator will then direct the supervisors to discuss the following issues (keep everyone on track and looking for solutions):
6

Supervising the Telecommuter:

A. Discuss "Management by Objective" concepts and share tools to managing the remote worker.

B. Discuss connectivity and technology’s roll in reducing or eliminating geographic and social barriers.

C. Teach managers how to work with the non-teleworkers so that everyone continues to function as a team.

D. Discuss scenarios that could hamper the program’s success.

E. Provide managers an opportunity to discuss performance and contingency issues.

Meanwhile the teleworkers are discussing the following: When the two sessions are wrapped up, everyone should again meet for the following:
7 Formalizing the Agreement (Before anyone leaves the training, have supervisors and teleworkers complete and sign the teleworkers agreement. It’s fresh on their minds and they’ve just discussed the relative issues.)
8 Schedule Focus Groups and Discuss Program Evaluation (Even the best of training cannot equal the experiences new teleworkers will soon have. After they’ve experienced a few months of working remotely, ask them to meet again and discuss any newfound concerns they may have.)

Risk Management Issues

A valuable member of your implementation team will be your organization’s risk manager. Even though liability and risk issues change when outside of the traditional office it should never be an excuse for not implementing a program. Risk management is nothing more than just that—managing the risk. Keep in mind, in America alone almost 16 million employees telework every month and far more are involved in home-based businesses. Two general categories of risk for telework programs include:

General Liability Issues for the Employers:

  • How might the employer be held negligent and thereby become liable for bodily injury?
  • What is the employer's standard of duty for providing and maintaining a safe workplace and enforcing safe and consistent operating procedures?
  • How might the Employer be held negligent and thereby become liable for property damage?
  • What is the employer's legal authority for denying an employee's request to telecommute?
  • What is the employer's duty to protect and safeguard classified documents (security)?
  • Insider trading
  • Copyrights
  • Patents

Risk Management Issues for Employees:

  • Worker's Compensation
  • Automobile liability
  • Employee benefits
  • Importance of wellness programs
  • Employee recognition programs
  • Property Issues (personal and employer owned equipment)
  • Peer pressure and motivation in job performance
  • Supervisor control/Quality Assurance

The American Bar Association Law Practice Management Section has published books on the subject of telecommuting and legal reviews of available reference materials are available to the public. Because these circumstances vary widely, seek advice from a qualified risk manager and discuss practical solutions among your telework committee members. Think in terms of how you would manage the risk if the situation were inside the confines of your existing office. The same approach should be taken when considering the legal and tax implications of work away from the traditional office.

Legal & Tax Issues

If working away from a central location were a new phenomenon, courts would now be testing the limits of the new laws made to address this new work alternative. However most of the general issues have long been exposed and resolved through litigation and legislation.

Although teleworking appears to be a radical shift in the normal employer/employee relationship, working at home or at an off-site location does not, by itself, transform a non-exempt employee into an exempt employee, or an exempt employee into an independent contractor. Each telework position must be reviewed and evaluated to determine whether it meets the criteria necessary to characterize an individual as an independent contractor or exempt employee for purposes of minimum wage and overtime requirements. The IRS has a list of 20 rules for determining whether an individual you pay for services is an employee or an independent contractor.

One of the more recent issues of merit is that of managing remote employees and issues related to electronic privacy. June Langhoff, in the recent ITAC article entitled "Telecommuting and the Law", discusses this important subject.

The following is a reprint from "Telecommuting and the Law" by June Langhoff:

It is important to clearly set out the employee's expectation of privacy when using employer equipment. If a supervisor monitors remote workers electronically, for example, it's important to obtain the employee's written consent to be monitored. Interestingly, public employees have more privacy rights than private employees (U.S. Supreme Court, O'Connor v. Ortega (1987).

E-mail and online communications are another volatile area. According to Blackstone, there is now "a cottage industry of consultants that mine e-mail and voice mail archives to use in litigation." Therefore, it is necessary to include standards regarding appropriate content and retention of e-mail and voice-mail in your company policies. Add anti-harassment training and electronic etiquette to your training packages. Teach employees that deleted e-mail and voice-mail may still exist. In fact, e-mail written by an employee becomes company property. Federal laws allow employers to monitor an employee's e-mail. If a company becomes involved in a lawsuit, discovery rules require that it produce all business records relevant to the case - including e-mail.

Even though a message has been deleted, it may not actually be erased. As many learned during the Iran-Contra hearings, e-mail may be archived for years as part of a routine disk back-up. The advice all companies should give employees: avoid e-mail if you're writing something that you wouldn't want a jury to see.

If your company uses e-mail and voice-mail as regular communications media, can you prohibit employee use of electronic communication systems to organize other employees into a labor union? If you allow employees to use e-mail and voice-mail for their personal use, you can't discriminate by forbidding union messages. Also, if you have a distributed workforce, with limited options for effectively communicating with employees, unions may argue that they have a legal right to communicated with their employees using company electronic means.

The best remedy against potential litigation in electronic law, as in other legal areas, is to anticipate the problems and create policies to handle them. Address electronic workplace issues before implementing telework programs. Form a multidisciplinary team with representatives from all affected departments, including human resources and legal. Identify areas of potential risk and, where necessary, modify personnel policies to take the unique issues raised by telecommuting into account.

Employees interested in capturing the tax incentives and opportunities that currently exist for teleworking must recognize that a number of restrictions apply. According to the Federal tax code section 162—Ordinary & Necessary Business Expenses—employees may only consider those (teleworking) business expenses that are required, but not supplied or reimbursed, by their employer and for the convenience of the employer.

The remote worker arrangement must also be a required condition of employment for the employee—not voluntary—so the employee has no employer-provided alternative for this part of their job. The IRS requires that the home office be used "regularly and exclusively" for the work in question--the space must not be used for any other purpose.

All deductions are miscellaneous itemized deductions subject to the 2% limitation and are still treated as "Employee Business Expenses." Home office deductions for employees fall under section 280A (c) (1). Please consult a professional tax specialist for additional information on this subject.

The Americans with Disabilities Act (ADA)

Under the Americans with Disabilities Act (ADA), an employer must make reasonable accommodations for an individual with a disability. However, advocacy groups have strong concerns over employers deciding to allow employees the option of working from home to avoid the expense of making reasonable accommodations at their current work site. Providing the opportunity for an employee to work at home should be addressed in the selection criteria and without respect of the worker’s disability.

June Langhoff’s article (Telecommuting and the Law) also discusses the legal implications of ADA:

Blackstone points to a recent decision by the U.S. 7th Circuit Court, in Vande Zande v. Wisconsin Department of Administration, where the court determined that "an employer is not required to accommodate a disability by allowing the disabled worker to work, by himself, without supervision, at home."

Disabled advocacy groups are often not pro-telecommuting. They argue that employers will use work-at-home options as a means of hiding the disabled. This could negate the goal of mainstreaming disabled persons into the workplace.

ADA information, assistance, and copies of ADA documents supplied by the Equal Employment Opportunity Commission and the Department of Justice. Documents are available in standard print, large print, audio cassette, Braille, and computer disk, may be obtained from any of the ten Regional Disability and Business Technical Assistance Centers by calling toll free 1-800-949-4232. If you prefer to write for additional ADA information, send a request to:

U.S. Equal Employment Opportunity Commission
1801 L Street NW
Washington, DC 20507

or

Federal Communications Commission
1919 M Street NW
Washington, DC 20554

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act requires a covered employer to provide a workplace free from hazards that are likely to cause serious harm or injury. The telework training and agreement should provide a strong level of assurance for the employer to help demonstrate that reasonable steps are being taken to insure a safe, hazard-free work environment. The employer should also reserve the right to make periodic inspections of the defined workspace.

Teleworking is not expressly included in the statutory definition of "place of employment" the definition is broadly interpreted and will likely include at least the home office and/or other recognized work locations. In order to avoid OSHA liability, an employer should work with the employee in the design and maintenance of a safe and hazard-free home or work location. The same detailed attention you pay to the ergonomic, health and safety issues in the office should translate to the remote worker.

With knowledge workers, unlike factory work, a different type of physical threat exists. Musculoskeletal disorders of the upper extremities, such as carpal tunnel syndrome and repetitive stress, accounted for more than 332,000 workers’ compensation claims in 1994 and have been increasing at a rate of about 10 percent per year. Carpal tunnel syndrome, rotator cuff tendinitis and tension neck syndrome account for more than $2 billion in workers’ compensation costs each year. The National Institute for Occupational Safety and Health believe that those numbers greatly underestimate the magnitude of the problem. Knowledge workers should recognize the importance of good ergonomics. During the teleworker training, be sure to provide ergonomic guidelines to minimize fatigue—such as the following:

Posture support: The seat and backrest of the chair should support a comfortable posture permitting occasional variations in the sitting position. Chair height and backrest angle should be easily adjustable. A footrest may be necessary so feet will be supported.

Arms: When the operator's hands are resting on the keyboard, the upper arm and forearm should form a right angle. The hands should be in a reasonably straight line with the forearm. Long or unusually high reaches should be avoided. Armrests should permit periodic support as needed.

Legs and feet: The chair height is correct when the entire sole of the foot can rest on the floor or footrest and the back of the knee is slightly higher than the seat of the chair. This allows the blood to circulate freely in the legs and feet.

Workstation surface: The desk or workstation should suit the kind of task to be done. It should be large enough for any reference books, files, telephone, or text and also permit different positions of the screen or keyboard if applicable. Adjustable surface height is an advantage.

Technology

Technology is one of your most valuable tools needed for laying the foundation for telework success. As a society, Americans are standing at the crossroads of an information evolution. Today technology has far surpassed the social and cultural barriers still associated with remote working. It’s no longer a question of whether or not we can connect the remote worker—it’s a question of how fast do they want to go?

The information infrastructure will play a central role in world economic development in the 21st Century, as did roads, canals and railroads in the 19th and 20th Centuries. This infrastructure will be as universally accepted as the telephone system is today, but will move information thousands of times faster. It will transmit voice and fax as well as interactive high-definition television, teleconferencing, and high volumes of data to locations around the globe in seconds.

Just as technology has always been a factor in the way we plan, design and build our cities, technology will play a vital role in a successful telework program. But every organization’s Information Technologies group is busy working to keep pace with a rapidly changing industry. Your organization’s IT manager is an important part of the program implementation team.

You’ll first need to identify your communications and computing needs versus your wants. It may not be necessary to replicate everything employees have access to in the commute office. This is one of those times when form should really follow function. Just as you would choose carefully the clothing that’s needed for adverse weather conditions, consider each task to be performed when outfitting your remote workforce. Consider the following support issues for teleworkers:

  • The levels of self-sufficiency people have with technology
  • The level of receptiveness to software and new technologies in general
  • The degree to which existing technology is effectively utilized
  • The availability of technical resources when they are needed

Who should provide equipment for the teleworker? This can sometimes be a make or break situation. If the employer fails to recognize the cost-savings from telework, it may be difficult to convince them to appropriate funds. If the objectives of the program can demonstrate significant savings, you should be able to shake free funding for needed equipment. Be aware of the fact that if you expect employees to use their own personal computers, load employer-owned software and/or company data files, ownership of the software and files may change hands.

At a minimum, teleworkers need the same level of support afforded to those employees located at the central work site. It’s important to clearly define the process and expected response time for hardware, software and network questions or problems?

Be sure you discuss fully the connectivity issues associated with the following:

  • Communications with management, colleagues and customers
  • Taking breaks or leaving the telework office
  • Timely delivery of e-mail and general postal deliveries

Without such enabling technology, employers in the 21st century will have to answer the questions of location dependency and lack of flexibility. Consider the commitment to enabling your remote workers as a valuable investment in the future of the organization. Consider the following questions when examining your organization’s vision for the future:

  • Will we be able to provide the information and resources to our customers when they want it and in the format they want to see it?
  • Will we be able to successfully swap data electronically with customers and suppliers?
  • Will we able to locate and capture the information we need, when we need it, to meet our changing business demands?
  • Will we enable our employees to send and receive voice and data transmissions from anywhere and at anytime?
  • Do we plan to continue substituting electronic alternatives for traditional support mechanisms (filing, mail, automated phone messaging, etc.)
  • How will we improve our employees’ technology literacy?
  • Will we take advantage of remote education and training opportunities?
  • Will we be flexible enough to transcend the limitations of time zones and compete in a global economy?

To stay competitive, today’s employer will have to come up with better ways to enable work where and when it makes the most sense. Think outside the office box. Think portability. As you lay the foundation for your telework program, continue to encourage equipment purchases that give your employees important flexibility and mobility options.

Conclusion:

In this article we explored a number of valuable program implementation tips, reviewed execution guidelines, identified a practical set of telework policies and assembled the important elements of a teleworker’s application and agreement. With these tools you’ll be able to answer many of the hard legal and risk management questions you’re sure to be asked. You are now well equipped to overcome many of the barriers confronting new programs.

This TELEWORK AMERICA article covered the importance of training the telework program participants and provided suggestions on how to best facilitate the learning experience. We took a quick look at some of the legal implications of working remotely and important tax and risk management issues that tend to derail a program implementation.

Communication will be a key component to your future success. The effective use of technology will enable the knowledge worker to live a more productive professional life without compromising important personal freedoms. With a sound foundation you now are ready to begin planning for implementation—May ’99 TELEWORK AMERICA article.

Eddie Caine, Regional Public Transportation Authority, Phoenix, AZ  http://www.valleymetro.maricopa.gov

Closing Remarks

We hope this Workshop in the TELEWORK AMERICA series is a resource to you as you take the step toward implementing a telecommuting program. Each month we will raise challenging issues and share the expertise of our members with you.

Revisit this session as often as needed.