Federal Labor Guidance
Free plain-English summaries of opinion letters, administrative policies, and interpretive notices from the U.S. Department of Labor, with the current status and the official source on every page.
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Estate distribution to a plan fiduciary in stock sale
EBSA said a violation of ERISA section 406(b)(3) generally would not be apparent merely because a fiduciary received a separate inheritance from an estate selling stock to the plan; the distribution…
Hobbie decision on religious disqualification from UI
ETA advised states of the Supreme Court’s Hobbie decision holding that denying benefits after a worker’s religious conversion violated the Free Exercise Clause. Current status is unconfirmed.
Lead chromate labeling under hazard communication rules
A regional administrator asked how OSHA’s hazard communication guidance applied to lead chromate labels. OSHA said the table listing carcinogens was general guidance and that the warning-label…
Numerical hazard labels in paint workplaces
A paint trade association asked whether its numerical hazard-labeling system met OSHA's in-plant labeling requirement. OSHA said the system could be acceptable when the overall hazard communication…
Trade adjustment assistance for bumped workers
ETA clarified when a worker displaced through a seniority bump qualifies for trade adjustment assistance. ETA still lists the letter as continuing.
Trade adjustment assistance during strikes and lockouts
ETA answered state agencies’ questions about the effect of strikes and lockouts on eligibility for trade adjustment assistance and trade readjustment allowances. Current status is unconfirmed.
Unemployment benefit overpayment offsets under Section 303(g)
ETA answered state agencies' questions about recovering unemployment benefit overpayments by offsetting benefits owed under another state or federal program. It explained when an agreement with the…
Jaguar depositary shares as employer securities
EBSA said Jaguar plc depositary shares represented by ADRs were qualifying employer securities on the stated facts. Related concentration and transaction exemptions depended on the plan and…
In-plant and shipped-container chemical labels
A wood-products group asked OSHA whether its chemical-label system met the hazard communication standard. OSHA said in-plant systems could use numerical ratings when correctly selected and supported…
Meaning of longspan for steel joists and trusses
A steel joist trade group asked what “longspan” meant in OSHA’s construction standard. OSHA said the term covered any joist or truss spanning at least 40 feet, regardless of the industry’s product…
Portable music players with hearing protection
An OSHA area office asked whether workers could use portable music players in a noisy workplace. OSHA said ordinary headsets offered little noise protection, and playing them over required hearing…
Eyeglass inserts inside full-face respirators
A respirator company asked whether users could wear spectacle inserts other than those supplied by the respirator maker. OSHA said an insert could be accepted if it did not interfere with the…
Noise standard coverage for cotton gins
An attorney asked whether OSHA’s occupational noise standard applied to cotton gins. OSHA said a grower’s facility processing only that grower’s cotton was an agricultural operation outside the…
Washington conformity decision on experience rating
ETA announced the Secretary’s Washington conformity decision on retroactive experience rating for marginal labor force attachment workers and the subsequent settlement. ETA still lists the letter as…
Wimberly decision on pregnancy and unemployment benefits
ETA summarized the Supreme Court’s Wimberly decision concerning pregnancy-related unemployment and state good-cause rules. ETA still lists the letter as continuing.
Closed-circuit breathing apparatus for firefighters
A state safety official asked why OSHA accepted two closed-circuit breathing apparatus models for firefighting despite a narrower NIOSH certification. OSHA explained the testing and service-life…
Loose-fitting powered respirators for bearded workers
A respirator company asked about loose-fitting powered air-purifying respirators used by workers with beards. OSHA said approved anti-aspiration parts must be used, and it had accepted certain…
Crane rules for pile driving and drag-line work
An OSHA region asked which crane rules applied when cranes were used for pile driving, drag-line or clam-shell work. OSHA said pile driving was construction or marine work governed by construction…
1986 tax and immigration amendments affecting UI
ETA explained 1986 federal amendments affecting unemployment taxation, alien farmworker coverage, and immigration-status verification, with three attached interpretations. ETA still lists the letter…
Prosecution of fraudulent unemployment claims
ETA explained state obligations to recover fraudulent benefit overpayments after federal plea agreements and when states must refer fraud cases to the OIG. ETA still lists the letter as continuing.
Video display workstation standards and office safety
A scientist asked whether OSHA had safety standards or guidelines for office video display workstations. OSHA said it had issued none specifically for office or terminal design, but existing…
Unemployment insurance quality-control questions and answers
ETA answered state agencies' questions about unemployment benefit quality-control reviews. The guidance covers sample sizes, how to investigate claims, and how to code findings for federal…
Tungsten carbide, cobalt exposure and respirators
A company asked whether OSHA had warned about the respiratory effects of cemented tungsten carbide and sought information on respirators. OSHA said it had issued no such warning and did not…
Safe opening of hazardous waste drums
A safety manager asked when a remotely operated device was required to open drums at a hazardous waste site and whether trained workers could use a bung wrench instead. OSHA said its rule set…
Quality-control special-study questions and answers
ETA answered state and regional questions on unemployment quality-control special studies and how study work relates to ongoing sampling requirements. Current status is unconfirmed.
Meaning of obstructed rear view for backup alarms
An OSHA regional office asked how to tell whether earthmoving equipment had an obstructed rear view under the construction backup alarm rule. OSHA said anything that interfered with the operator's…
Ethylene oxide emergency plans and employee alerts
A company asked whether workplaces using ethylene oxide had to install a specific gas alarm. OSHA said employers needed written emergency plans and a way to alert workers promptly, but the rule did…
Helicopters in de-energized power-line maintenance
An electrical workers' union asked whether helicopters could be used to maintain a de-energized transmission line. OSHA said its construction rules did not specifically prohibit helicopters for that…
National Transportation Trust and ERISA plan status
EBSA said the National Transportation Trust was not itself an ERISA welfare plan because its sponsoring association was neither a qualifying employer group nor employee organization. Adopting…
OSHA and NRC jurisdiction at nuclear power plants
A worker asked OSHA about egress and radiation concerns at a nuclear power plant. OSHA said it covered nonradiological worker safety and radiation sources outside Nuclear Regulatory Commission…
Ethylene oxide emergency alerts in hospitals
A hospital safety manager asked whether the ethylene oxide rule required continuous monitoring with audible alarms. OSHA said employers must have emergency plans and a way to alert workers promptly,…
Kansas Bar Association health program status
EBSA said a Kansas Bar Association health insurance program was not itself an ERISA welfare plan because the bar association was neither a qualifying employer group nor employee organization.…
CPR training under construction first aid rule
An employer asked whether the construction first aid rule’s reference to resuscitation required cardiopulmonary resuscitation training. OSHA answered that CPR was not required to comply with that…
Reasonable assurance for school employees between terms
ETA interpreted the federal reasonable-assurance standard for denying unemployment benefits to educational employees between or within academic terms. Current status is unconfirmed.
Lead medical removal after an eighteen-month period
A lawyer asked what happens after an employer voluntarily removes a worker from lead exposure for eighteen months. OSHA said an examination remained required, voluntary removal and benefits could…
Labor-management cooperation trust as welfare plan
EBSA said a labor-management cooperation trust was an ERISA welfare plan because its described activities included benefits within ERISA section 3(1). The Justice Department separately addressed its…
Testing and approval of hand-held electrical tools
A tool company asked whether all hand-held electrical construction tools, including grounded and double-insulated models, needed laboratory testing. OSHA confirmed that its construction electrical…
Blind exchange trades of bank stock by IRAs
EBSA said blind exchange trades of a bank parent’s stock directed by unaffiliated IRA participants did not involve the specified tax-code sale or benefit prohibitions, and the bank’s…
Portable GFCI placement on construction extension cords
An OSHA region asked whether a belt-worn portable ground-fault circuit interrupter protected workers using extension cords. OSHA said a device at the far end of a miswired cord could leave the cord…
Roof anchors for window-washing equipment and lifelines
An architect asked about roof attachment points for window-washing equipment. OSHA said equipment anchors should be permanent and able to support the intended load, while workers' lifelines needed…
Kansas accountants association health program
EBSA said a Kansas accountants association health insurance program was not itself an ERISA welfare plan because the association was neither a qualifying employer group nor employee organization. An…
Catholic health system retirement plan as church plan
EBSA said the Health Services Retirement Plan and Trust was a church plan excluded from ERISA Title I on the stated participation and religious-affiliation facts. Substantial growth among unrelated…
Mild hydrotreatment under the hazard communication standard
A senator asked OSHA to revisit its hazard communication interpretation of mildly hydrotreated mineral oils. OSHA explained the sources and process information behind its earlier interpretation and…
Retrofitting forklifts with operator restraints
A company asked about adding operator restraints to forklifts to reduce rollover injuries. OSHA said replacing a seat with one of equal or better characteristics did not require advance approval…
Consumer and commercial power lawnmower standards
OSHA told regional administrators that staff had applied its consumer lawnmower rule to commercial machines. It said the consumer mower provision applied only to consumer models used by employees,…
Target-organ and manufacturer details on shipped chemical labels
An aerosol maker asked what information had to fit on small labels for products shipped to industrial users. OSHA said target-organ effects were required on shipped hazardous containers, though it…
Separate lifelines for employees on suspended scaffolds
A requester asked whether workers on a suspended scaffold could share a lifeline. OSHA said the cited construction rule required each employee to have a safety belt and lifeline and did not allow…
Approval of electrical testing equipment in hazardous locations
A testing-equipment seller asked what approval OSHA required for equipment used in hazardous locations. OSHA said general-industry equipment generally had to be listed or approved by a nationally…
Hours for hazard communication emergency information lines
A poison center asked whether chemical manufacturers' emergency information lines had to operate around the clock. OSHA said its hazard communication rule specified no hours. It advised…
Mixing scaffold components from different manufacturers
A requester asked whether scaffold components from different manufacturers could be combined. OSHA said its scaffold rules did not prohibit mixing manufacturers’ components, but the assembled…
Target-organ warnings on shipped chemical labels
A paint-industry association asked OSHA to pause enforcement of target-organ warnings on shipped chemical labels until a uniform evidence protocol existed. OSHA denied the stay and said chemical…
UCX eligibility despite a nonconforming separation reason
ETA explained that a former service member honorably discharged after a first full term can qualify for UCX even when the DD Form 214 lists a nonconforming narrative reason for separation. ETA still…
Grounding polyethylene drums when transferring flammable liquids
An OSHA regional office asked how workers could safely transfer highly flammable liquids from polyethylene drums that could not themselves be grounded. OSHA said a grounded approved metal suction…
Construction electrical rules for electric utilities
An electric utility association asked OSHA to withdraw or stay revised construction electrical rules. OSHA declined a broad stay, explaining that the installation rules generally addressed new…
Drill bits and the hazard communication article exemption
A drill-bit maker asked whether its products were exempt as articles under OSHA's hazard communication rule. OSHA said drill bits would usually qualify if normal use did not expose downstream…
Hazard communication labels and data sheets for a new manufacturer
A prospective floor-finish manufacturer asked what OSHA's hazard communication rule required. OSHA described the written program, labels, material safety data sheets and training required of covered…
One-day supply of flammable ink and adhesive
A regional office asked how flammable inks and adhesives used at a packing plant fit OSHA’s flammable liquid rules. OSHA said containers needed for a day’s operations were in use rather than stored,…
Aisle spacing for flammable-liquid warehouse storage
A company's lawyer asked how flammable-liquid storage aisle rules applied at two warehouses. After visiting, OSHA said one aisle-spacing shortfall was de minimis in light of the facilities'…
Labeling duties of hazardous-chemical wholesalers
A member of Congress asked how OSHA's chemical-labeling rule applied to wholesalers and distributors. OSHA said shipped containers needed identity, hazard warnings and responsible-party information.…
Fire-extinguisher training and employee evacuation choices
A utility asked whether its fire-response and employee education program met OSHA's extinguisher rules. OSHA described three choices: evacuate everyone, designate trained users while others…
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These are official interpretive documents from the U.S. Department of Labor: opinion letters answering questions from employers and workers, administrative policies, and interpretive notices. They show how the agency applies wage-and-hour and workplace law to real situations, but they are guidance, not statutes or court decisions, and the agency can supersede or withdraw them. Every page above shows the document's current status, when that status was last verified, and a link to the official source.