UTAH DEPARTMENT OF

ENVIRONMENTAL QUALITY

TELECOMMUTING COURSE



OFFICE OF HUMAN RESOURCE MANAGEMENT

OCTOBER 1994

TABLE OF CONTENTS

Telecommuting Purpose

Anticipated Benefits

Telecommuting Definition

Telecommmuting Policies

Telecommuting Procedure

Telecommuting Formal Contract Conditions

Telecommuting Responsibility

Measuring Telecommuting Performance

Equipment and Supplies

Telephone Charge Reimbursements

Supplies for Secondary Location

Confidentiality of State Information

State Software Development Rights

Insurance

Conditions for a State Inspection

Local Zoning Ordinances & Home Association

Return of Equipment

State Primacy

Telecommuting Feasibility Request

Section I Completed by Employee

Section II Completed by Supervisor

Telecommuting Contract Contents

Telecommuting Contract Conditions

Telecommuting Project/Assignment Evaluation Contents

Telecommuting Support

DEQ PC should be used!

If employee provides hardware and software...

Making Telecommuting Work

State of Utah Human Resource Management Rules - Telecommuting

State of Utah Human Resource Management Telecommuting Policy

Telecommuting Feasibility Request

Telecommuting Contract

Utah State Telecommuter's Agreement

Utah Department of Environmental Quality Telecommuting Worksheet

TELECOMMUTING PURPOSE

  1. To provide a program whereby employees can perform their assigned work outside of the office, generally within their home, relieving the employees from the daily commute to the office.
  2. Telecommuting, the use of telecommunication technology to transport information, rather than people, to and from the workplace, is an arrangement that the State may choose to make available to some employees when a mutually beneficial situation exists.

ANTICIPATED BENEFITS MAY INCLUDE:

TELECOMMUTING DEFINITION

Telecommuting is a cooperative agreement between an employee and the State involving work that an employee performs on a routine basis, independent of others, and can be accomplished by the employee outside of the office environment.

TELECOMMUTING POLICIES

  1. Allow employees, who are independent workers, the opportunity to accomplish their assignments at a location outside of the office environment.
  2. Employees on probation, corrective action or disciplinary action are not eligible.
  3. Provided as an alternative to employees who qualify and is not to be construed as an employment right.
  4. The arrangement may be terminated at any time a supervisor determines the objectives are not being met, after a reasonable implementation period.
  5. Employees do not have an obligation to continue in a telecommuting arrangement.

TELECOMMUTING PROCEDURE

  1. Employee reads Telecommuting Policy.
  2. Employee completes Section I of the telecommuting reasonability request.
  3. Supervisor reviews the telecommuting request.
  4. Supervisor completes Section II portion of the request.
  5. Approval by Immediate Supervisor, Division Director and Human Resource Director.
  6. Immediate Supervisor and Employee attend Training.
  7. Supervisor amends or modifies the employee's performance plan requirements to accommodate the work-at-home program.

TELECOMMUTING FORMAL CONTRACT CONDITIONS

A formal contract will be completed to include:

TELECOMMUTING RESPONSIBILITY

Telecommuting arrangements should not be viewed as an alternative to a regular 40 hour work week.

Evaluation should be measured on the quality of the project.

Supervisor and employee should agree on a realistic time frame needed to accomplish the project.

Telecommuting arrangements must include a time period to allow for telephone contacts when necessary during the work week.

Telecommuting alterations must be communicated to the supervisor prior to any changes.

Employees are responsible to maintain a working environment void of distractions.

MEASURING TELECOMMUTING PERFORMANCE

Supervisor may monitor employee performance through the telecommuting project/assignment evaluation form.

EQUIPMENT AND SUPPLIES

Equipment and Supplies assigned to the employee are the property of the State, issued on a temporary basis, and the employee sign for receipt of the equipment.

Employees maintains the equipment in a safe condition.

Uses reasonable means to protect the State's property and reports promptly any damage or loss of equipment.

Equipment must be used exclusively for State assignments or within the confines of State of Utah Human Resource Management Rules R477-9 Employee Conduct.

Furniture will not be supplied by the State.

TELEPHONE CHARGE REIMBURSEMENTS

Telephone toll charges or line charges relating to the project will be paid by the State.

SUPPLIES FOR SECONDARY LOCATION

Employees should obtain supplies for use in the secondary work location from the primary office location.

CONFIDENTIALITY OF STATE INFORMATION

STATE SOFTWARE DEVELOPMENT RIGHTS

INSURANCE

CONDITIONS FOR A STATE INSPECTION

As a condition of a work at home program, the State may request an inspection of the secondary work site for:

LOCAL ZONING ORDINANCES & HOME ASSOCIATION

Employee is responsible to comply with zoning ordinances or home association regulations.

RETURN OF EQUIPMENT

Employee responsible to return all equipment supplies, work products, etc., used at the secondary work location:

Upon request by the State

Upon termination of their participation in the project

STATE PRIMACY

Any variance between the State telecommuting policy and Department telecommuting policy, applicable state rules and guidelines will control and shall be followed.

TELECOMMUTING FEASIBILITY REQUEST

TELECOMMUTING FEASIBILITY

REQUEST SECTION I

COMPLETED BY EMPLOYEE

  1. Describe Current Job Responsibilities.
  2. Specific Assignments to be Completed.
  3. Describe the equipment, if needed at the secondary work location (Personal computer, terminal, telephone line, modem).
  4. Describe the proposed office arrangement at your secondary location (Size, location, furniture, characteristics, separation from living area.).
  5. Special Accommodations.
  6. Computer applications do you now use or would require (word processing, electronic mail, spreadsheets, mainframe applications, etc.).

TELECOMMUTING FEASIBILITY REQUEST

SECTION II

COMPLETED BY SUPERVISOR

  1. What is the job assignment(s) to be addressed by the telecommuting arrangement?
  2. What are the benefits expected to be derived?
  3. What are the indirect benefits expected?
  4. Is the arrangement intended to be ongoing or for a specific time period?
  5. How do you expect the benefits can be measured?

TELECOMMUTING CONTRACT CONTENTS

TELECOMMUTING CONTRACT CONDITIONS

  1. Employee will abide by the Telecommuting Policy as well as the stated work schedule.
  2. The contract may be modified or canceled at any time by the State.
  3. The employee may cancel this contract at any time.

TELECOMMUTING PROJECT/ASSIGNMENT

EVALUATION CONTENTS

  1. Employee
  2. Division
  3. Detailed Project Description
  4. Specific Assignment and Due Date
  5. Outcome/Results
  6. Next Meeting Scheduled For (Date)
  7. Signatures & Date (Supervisor & Employee)

Form is optional!

The Form is not a replacement for the performance evaluation or the performance plan.

TELECOMMUTING SUPPORT

Technical Support:

NO HOUSE CALLS!

DEQ PC SHOULD BE USED!

HOWEVER...

IF DEQ PC IS USED:

  1. You must exercise reasonable care.
  2. May be held liable for negligence.
  3. Everything must be returned.
  4. May not copy or distribute software.
  5. No unauthorized hardware or software.
  6. Use for telecommuting project only.

No employee liability, if reasonable care is exercised!

IF EMPLOYEE PROVIDES HARDWARE AND SOFTWARE

  1. Must be done at employee's request.
  2. No compulsion to use personal equipment.
  3. DEQ equipment is available.
  4. Use of private equipment is voluntary.
  5. DEQ/Utah released from all liability.
  6. No employee reimbursement.
  7. No employee equipment repair.
  8. No employee equipment replacement.
  9. No employee reimbursement.
  10. No employee compensation.
  11. No employee consideration.

Minimum employee configuration:

MAKING TELECOMMUTING WORK

  1. Maintain flexibility. This is a pilot project. The process will require fine tuning.
  2. Define the telecommuting project well. What is the return for you and DEQ?
  3. Telecommuting is a privilege, not a right. It does not fit some job responsibilities.
  4. Make results measurable.
  5. Manage by results.
  6. Get the training you need.
  7. Communicate.
  8. Be aware of image.
  9. Choose the right work place.
  10. Be aware of tax ramifications.

The neighbors will be watching!

STATE OF UTAH HUMAN RESOURCE MANAGEMENT RULES - TELECOMMUTING

The following rules apply to working conditions. these rules contain the same content as rule 8 of the Utah Administrative Code 477.

8-4 Telecommuting

  1. Telecommuting is a management option, not a universal employee benefit. Agencies may establish telecommuting programs under the following guidelines:
    1. The agency shall establish a written policy governing telecommuting.
    2. Management shall write a contract with each telecommuting employee to specify conditions, such as use of state or personal equipment, and results.
    3. Agencies shall meet customer needs.
    4. Telecommuting employees shall not violate overtime rules.
    5. The arrangement shall provide identifiable benefits to the state.

STATE OF UTAH HUMAN RESOURCE MANAGEMENT TELECOMMUTING POLICY

SECTION 8 PERSONNEL ADMINISTRATION

PART 8.9 TELECOMMUTING POLICY

A. Purpose

To provide a program whereby employees can perform their assigned work outside of the office, generally within their home, relieving the employees from the daily commute to the office. Anticipated benefits from the program may include: trip reduction, energy conservation, better employee morale, increased productivity, and increased employee retention.

B. Definition

Telecommuting is a cooperative agreement between an employee and the State involving work that an employee performs on a routine basis, independent of others, and can be accomplished by the employee outside of the office environment.

Telecommuting consists a range of alternatives to the traditional office arrangement. Telecommuting arrangements may provide for office time from one or two days per week, and a secondary location three to four days per week. However, depending on the type of work being completed, any combination can be developed. The secondary work location is generally a home office, although other alternatives are possible. Telecommuting does not necessarily require sophisticated computer or telecommuting equipment; however, telecommuting arrangements are usually information-related projects.

C. Policy

  1. The State's policy is to allow employees, who are independent workers, the opportunity to accomplish their assignments at a location outside of the traditional office environment. An employee must enter into a telecommuting agreement to be eligible for this program.
  2. Employees who are on probation, corrective action or disciplinary action are not eligible to participate in a telecommuting arrangement.
  3. This policy is provided as an alternative to employees who qualify and is not to be construed as an employment right. The arrangement may be terminated at any time a supervisor determines the objectives are not being met, after a reasonable implementation period. Similarly, employees do not have an obligation to continue in a telecommuting arrangement.

D. Procedure

  1. Employees interested in participating in telecommuting must read this policy and complete the telecommuting reasonability request.
  2. The supervisor will review the telecommuting request and complete the supervisor's portion of the request.
  3. The immediate supervisor, the division director and the human resource director must approve the arrangement.
  4. The immediate supervisor and the employee will attend the appropriate training for telecommuting.
  5. Upon training, the supervisor will take on the responsibility to amend or modify the employee's performance plan to accommodate the work-at-home program and how it affects the individual's performance requirements.
  6. A formal contract will be completed to include worksite, work conditions, location, and approved equipment used in the work-at-home program.
    1. Telecommuting arrangements should not be viewed as an alternative to a regular 40 hour work week. Rather the evaluation should be measured on the quality of the project, and the supervisor and employee should agree on a realistic time frame needed to accomplish the project.
    2. Telecommuting arrangements must include a time period to allow for telephone contacts when necessary during the work week. Telecommuting alterations must be communicated to the supervisor prior to any changes.

In addition, employees are responsible to maintain a working environment void of distractions.

  1. With the appropriate request, approvals and contractual agreement in place, the employee will become a participant in the work-at-home program. The supervisor will monitor the performance of the employee through the performance management system, or through the telecommuting project/assignment evaluation form (which is an optional management tool). This form may be used after the completion of each project/assignment and will supplement and reinforce a more comprehensive performance management program for employees in the work-at-home program.

The program will be evaluated by the supervisor and the employee at the completion of their participation in the work-at-home program or at the employee's annual performance management review date. Mid-term reviews are encouraged as a tool to measure progress and/or performance.

  1. Equipment and Supplies
    1. All equipment and supplies assigned to the employee are the property of the State and are issued to the employee on a temporary basis. The employee must sign for receipt of the equipment.
    2. Employees must maintain the equipment in a safe condition free from hazards and other dangers. The employee will use all reasonable means to protect the State's property at the secondary location and will report promptly any damage or loss of equipment.
    3. Equipment must be used exclusively for State assignments or within the confines of State of Utah Human Resource Management Rules R477-9 Employee Conduct.
    4. Furniture will not be supplied by the State.
    5. Telephone toll charges or line charges relating to the project will be paid by the State. These charges must be explained and agreed upon prior to the telecommuting arrangements being implemented. Documentation must be provided by employees for all reimbursable charges.
    6. Employees should obtain supplies for use in the secondary work location from the primary office location. Generally, out-of-pocket expenses will not be reimbursed. Exceptions must be approved in advance of any expenditures.
  2. Confidentiality of State information must be maintained in the telecommuting environment, according to State of Utah Human Resource Management Rules R477-9. Unauthorized disclosure will subject the employee to penalties provided by the law.
  3. As stated in State of Utah Human Resource Management Rules R477-9, any software developed on state-owned computer equipment shall be the property of the state.
  4. Insurance
    1. Participation in a work at home program grants the same rights as any State employee, including the worker's compensation benefits, defense and indemnification for claims against an employee arising out of your employment as provided by the Utah Government Immunity Act.
    2. Since work at home programs do not include personal taxpayer contact or interaction on official business, injuries to a third party are not covered by the State.
    3. As a condition of a work at home program, the State may request an inspection of the secondary work site, for document confidentiality and management purposes, and equipment security.
  5. The training specialist in the Department of Human Resource Management section will maintain a training program for supervisors and employees who are beginning telecommuting assignments.
  6. If the telecommuting arrangement involves activities that must be cleared through zoning ordinances or home association regulations, the employee is responsible to comply.
  7. The employee is responsible to return all equipment supplies, work products, etc., used at the secondary work location upon request by the State or upon termination of their participation in the project.
  8. If there is any variance between the State telecommuting policy and Department telecommuting policy, applicable state rules and guidelines will control and shall be followed.

TELECOMMUTING FEASIBILITY REQUEST

This checklist will help the supervisor in determining the appropriateness of matching job assignments to telecommuting. Section I should be completed by the employee. Section II should be completed by the supervisor. Forward the completed questionnaire to the division director for discussion and approval.

Section I (TO BE COMPLETED BY EMPLOYEE)

1. Briefly describe your current job responsibilities.

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

2. What is the specific assignment to be completed utilizing the telecommuting arrangement.

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

3. Describe the equipment, if any, needed at the secondary work location to support your telecommuting arrangement. (Personal computer, terminal, telephone line, modem, etc.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

4. Describe the proposed office arrangement at your secondary location. (Size, location, furniture, characteristics, separation from living area, etc.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

5. What special accommodations, if any, other than described in no. 3 above, would you require for this telecommuting arrangement?

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

6. What computer applications do you use now, or would require, for a telecommuting arrangement? (Word processing, electronic mail, spreadsheets, mainframe applications, etc.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

Section II (TO BE COMPLETED BY SUPERVISOR)

1. What is the job assignment(s) to be addressed by the telecommuting arrangement?

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

2. What are the benefits expected to be derived from the issues addressed in no. 1 above?

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

3. What are the indirect benefits expected from entering into this telecommuting arrangement?

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

4. Is the telecommuting arrangement intended to be ongoing or for a specific time period? How do you expect the benefits can be measured?

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

Signatures:


___________________________
Supervisor

_______________
Date

___________________________
Employee

_______________
Date


___________________________
Division Director

_______________
Date

___________________________H.R. Director

_______________
Date

TELECOMMUTING CONTRACT

Employee

Division

Primary Work Location (Office)

Address

Telephone

Approved Secondary Work Location

Address

Telephone

Data Transmission Telephone

Hours Available for Telephone Contact

Scheduled Working Hours:

Monday_____, Tuesday_____, Wednesday_____, Thursday_____, Friday_____



Scheduled Days at Primary Work Location:

Monday_____, Tuesday_____, Wednesday_____, Thursday_____, Friday_____



The above employee has agreed to participate in the State Telecommuting Program. The employee has read the State Policy on Telecommuting, and understands the policy and has attended the training session(s) and will abide by the Telecommuting Policy as well as the above work schedule.

The employee understands that this contract may be modified or canceled at any time by the State. The employee may cancel this contract at any time.

Signatures:


______________________________
Employee

_______________
Date


______________________________
Witness

_______________
Date

TELECOMMUTING PROJECT/ASSIGNMENT EVALUATION

Employee

Division

Detailed Project Description

Specific Assignment and Due Date

Outcome/Results

Next Meeting Scheduled For (Date)

Signatures:


______________________________
Supervisor

_______________
Date

______________________________
Employee

_______________
Date

This form is optional during the Telecommute Project. This form is not a replacement for the performance evaluation or the performance plan.

UTAH STATE TELECOMMUTER'S AGREEMENT

Telecommuting, the use of telecommunication technology to transport information, rather than people, to and from the workplace, is an arrangement that the State may choose to make available to some employees when a mutually beneficial situation exists.

Telecommuting is not a formal, universal employee benefit, but rather an alternate method of meeting the need of the state. Since it is not assumed that employees have a "right" to telecommute, the arrangement can be terminated any time that is determined that State needs are not being met. Similarly, employees do not have an "obligation" to telecommute and may return to the conventional office arrangement if they wish to withdraw from the telecommuting project.

When a telecommuting arrangement is implemented, the following condition will apply:

  1. Employee salary, job responsibilities, benefits and company-sponsored insurance coverage will not change due to participation in the telecommuting project.
  2. The amount of time the employee is expected to work will not change due to participation in the telecommuting project.
  3. For the purpose of defining the employee's job tour period during which the employer has liability for job related accidents or illnesses and during which worker's compensation laws apply, it is understood that the employee's work hours will conform to a schedule agreed upon by the telecommuter and their manager.
  4. If a schedule has not otherwise been agreed upon, the employee's work hours while telecommuting are assumed to be the same as before the telecommute.
  5. Any changes or extension to the above mentioned schedule with respect to worker's compensation coverage must be reviewed and approved by the employer in advance.
  6. Since the employee's home work space will be considered an extension of the State work space, the State's liability for job-related accidents will continue to exist during the understood and approved job tour hours.
  7. A designated work space should be maintained by the telecommuter at the alternate work location. Worker's compensation liability will be limited to this work space as opposed to applying to all areas of the home.
  8. As this liability will extend to accidents which may occur in the alternate location, the employer retains the right to make on-site inspections of this work area to ensure that safe work conditions exist.
  9. On-site visits by the employer may also be made for the purpose of retrieving equipment and other State property in the event of employee illness or termination.
  10. Any hardware or software purchased by the State remains the property of the State and will be returned to the State at the conclusion of the pilot.
  11. State-owned software may not be duplicated except as formally authorized.
  12. Restricted-access materials (such as payroll) shall not be taken out of the main office or accessed through the computer at a remote location.
  13. State equipment in a remote office shall not be used for personal purposes.
  14. The State will not purchase furniture or answering machines for telecommuters.
  15. The State will loan necessary equipment for use in remote offices including PC terminals, second phone lines, modems, etc.
  16. On a case-by-case basis, the State will consider partially reimbursing an employee for monthly service charges on a second telephone line and/or custom-calling services. Reimbursement, if approved, will be proportional to the amount telecommuted (one day a week telecommuting gets 1/7th of the bill reimbursed, and so on). This applies only to the service charge, the usage charge, e.g., a second line, are dealt with below.
  17. The State will reimburse the telecommuter for software for compatibility with different systems used by the Department and the telecommuter.
  18. Supplies required to complete assigned work at the alternate location should be obtained during one of the telecommuter's in-office visits. Out-of-pocket expenses for supplies normally available at the State will not be reimbursed.
  19. The State will not reimburse the employee for supplies such as computer floppy disks and cables.
  20. The State will reimburse the telecommuter for % of all state-related telephone calls.
  21. Expenses not specifically covered above will be dealt with on a case-by-case basis, taking into account the reasonableness of the expense, other expenses reimbursed for the same employee, and the overall budget for the project.
  22. The Budget Office will approve or disallow reimbursement request not specifically covered.
  23. Telecommuting is not to be viewed as a substitute for child care. Telecommuters with pre-school children are expected to have someone else care for the children during the agreed-upon work hours.
  24. Individual tax implications related to the home work space shall be the responsibility of the telecommuter. It is possible, under some circumstances, to deduct expenses of a home office, but a tax expert should be consulted first.

I accept the conditions of this agreement.

Employee Signature Date

State of Utah Signature Date

UTAH DEPARTMENT OF ENVIRONMENTAL QUALTIY

TELECOMMUTING WORKSHEET

Date: ____________________

Telecommuter's Name: _____________________________________________________________________________

Telecommuter's Division: ____________________________________________________________________________

Telecommuter will use: DEQ Equipment ______________ Employee Equipment ______________ Both _______________
DEQ Provided Hardware:

 DEQ Provided Software:

Other:





The undersigned agrees that reasonable care will be exercised over the hardware and software identified above. The employee will be responsible for any damage resulting from negligence or malicious activity. All hardware and software will be returned upon completion of this project. The installed software will not be copied or distributed to a third party. The employee will not install any unauthorized software or hardware on the assigned equipment. The undersigned is not authorized to use this hardware or software for any purpose other than the assigned telecommuting project.
______________________________
Employee Signature		 ______________________________
Date

______________________________
Witness Signature
______________________________
Date

Employee Provided Hardware:

 Employee Provided Software:
The undersigned Department of Environmental Quality (DEQ) employee is providing the hardware and software identified above for this telecommuting project at his/her own request and is not being compelled to use this privately-owned property for telecommuting. the udnersigned agrees that DEQ-owned computers and ancillary equipment are available for this telecommuting project and the use of the equipment identified above is being done voluntarily. The undersigned releases DEQ and the State of Utah from any and all forms of liability pertaining to the use of this equipment. Neigher DEQ nor the State of Utah will reimburse the employee for the use of this equipment nor be responsible for its repair or replacement. The undersigned waives all rights to reimbursement, compensation or consideration for use of the above equipment on this project.
______________________________
Employee Signature		 ______________________________
Date

______________________________
Witness Signature
______________________________
Date