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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Employer-security holding limit after pension merger
EBSA said two Oxford Industries retirement plans could be treated as one continuing plan for the specified employer-security holding rule. The merged plan could use the historical 10 percent test if…
Full-time employer-association employee as plan trustee
EBSA said a trustee receiving full-time pay from an employer association sponsoring pension and welfare plans could not also receive trustee compensation from the plans under the cited ERISA…
Laser-scanner exposure and applicable standards
A senator forwarded concerns about radiation from supermarket laser scanners. OSHA said neither it nor Michigan’s state plan had a specific standard for that equipment, while 29 CFR 1910.97…
Blind IRA and Keogh trades of custodian stock
EBSA said participant-directed blind market trades of a custodian bank’s stock for self-directed IRAs and Keogh plans did not trigger the specified sale, benefit or self-dealing prohibitions on the…
Buddy-breathing devices for fire brigades
A state labor official asked whether fire-brigade members could use buddy-breathing or quick-disconnect accessories with self-contained breathing apparatus. OSHA said the more specific fire-brigade…
Substantial noncombustible material in spray booths
A Nevada safety engineer asked what materials were substantial enough to satisfy two spray-booth construction requirements. OSHA said the provisions had to be read together: metals or concrete were…
Manually propelled elevating work platforms
A manufacturer asked which OSHA standard applied to a manually propelled elevating work platform. OSHA said the described platform fell within ANSI A92.3-1980 rather than the older standard…
OSHA standards for construction blasting and explosives
A member of Congress asked OSHA about construction-blasting rules on behalf of a contractor seeking a public hearing. OSHA said it was enforcing 29 CFR 1926.905(h) and (k) as written and had…
Employer role and IRA disqualified-person status
EBSA said an advertising company with no role in establishing or maintaining an officer’s IRA was not a disqualified person solely as an employer under the cited Code provision. It warned that the…
California First Bank in-house plan brokerage
EBSA said use of California First Bank’s in-house brokerage for directed plan accounts did not itself violate the cited self-dealing rule where independent managers authorized each use or could end…
San Diego Trust in-house plan brokerage
EBSA said use of San Diego Trust’s in-house brokerage for directed plan accounts did not itself violate the cited self-dealing rule where independent managers authorized each use or could end…
Crane conditions for avoiding a load-indicating device
A crane owner requested a permanent variance from maritime load-indicating-device rules. OSHA said the crane could comply if its boom was physically blocked to meet the stated 11,200-pound condition…
Facial hair and tight-fitting respirators
An employee asked OSHA about facial hair and respirator use. OSHA said beard growth can prevent a reliable seal on tight-fitting respirators, regardless of the material, and that the respirator rule…
Respiratory protection for silica abrasive blasting
A state industrial hygienist asked whether a dust-filter respirator could be used for short silica-blasting operations. OSHA said abrasive-blasting respirators were required when the nozzle and…
Medical screening for former beta-naphthylamine workers
A member of Congress asked whether OSHA required medical screening for former employees who had been exposed to beta-naphthylamine. OSHA said 29 CFR 1910.1009 did not require medical surveillance or…
Holy Cross Hospital retirement plan as church plan
EBSA said Holy Cross Hospital’s employee retirement plan was a church plan excluded from ERISA Title I on the submitted facts about the Catholic congregation, hospital and plan. The opinion concerns…
Raleigh city medical trust as governmental plan
EBSA said Raleigh’s employee medical plan and trust were a governmental plan excluded from ERISA Title I so long as coverage and funding remained limited to city workers, retirees, dependents and…
Crane wind conditions and exit-sign placement
A Nevada safety engineer asked about crane use in high winds and exit signs. OSHA said no construction standard then addressed crane wind conditions, but marine-terminal rules and a wind table could…
Minnesota conformity decision on experience rating
ETA reported the Under Secretary’s Minnesota conformity decision on experience rating and employer contribution rate limits. ETA still lists the letter as continuing.
Ventilation requirements for auto and printing industries
A member of Congress asked OSHA for ventilation standards relevant to the auto and printing industries. OSHA listed rules for abrasive blasting, grinding, spray finishing, chemical operations, dip…
Dust explosions in powdered milk production
A foreign safety agency asked OSHA about dust explosions in powdered-milk production. OSHA said it had no standard specific to that industry, but general housekeeping and electrical-safety…
Pension audit despite certified insurer assets
A requester asked whether certified asset information from an insurer and actuarial information removed the need for an independent audit of a pension plan. EBSA said the plan as a whole still…
First Maryland health plan covered by ERISA
First Maryland asked whether its employee health and welfare program was an ERISA plan. EBSA said it was an employee welfare benefit plan covered by ERISA Title I, regardless of whether benefits…
Incident reporting by State JTPA agencies
ETA told State JTPA agencies how to report known or suspected fraud, program abuse, or criminal conduct in ETA-funded programs. They were to send the original incident form and one copy to the ETA…
Forklift capacity changes and manufacturer approval
A member of Congress asked about added counterweights used to increase a forklift’s rated capacity. OSHA said changes affecting capacity or safe operation required the manufacturer’s prior written…
Tidewater transit pension as governmental plan
EBSA said the Tidewater transit pension plan was a governmental plan excluded from ERISA Title I based on the represented role of a government instrumentality in funding and administering the plan.…
Landmark employee welfare plan covered by ERISA
EBSA said Landmark’s employee life, disability and health plan was an employee welfare benefit plan covered by ERISA Title I. The mix of employer funding, trust funding and insurance did not change…
Meridian employee benefit plan covered by ERISA
EBSA said Meridian’s medical, dental and life-benefit program for employees of the company and its affiliates was an employee welfare benefit plan covered by ERISA Title I. The arrangement’s trust…
Hangers for two-point suspension scaffolds
A contractor asked OSHA how the construction scaffold standard applied to two-point suspension scaffold hangers. OSHA said qualified people should design, fabricate and inspect the hangers, and…
Material safety data sheet format under HazCom
A chemical company asked OSHA to approve its planned material safety data sheet format. OSHA said it did not prescribe or preapprove a fixed format and instead listed 12 categories of information…
Cultural Institutions pension and New York insurance law
EBSA said the Cultural Institutions Pension Plan appeared to be one ERISA-covered pension plan of private nonprofit employers, rather than a governmental plan, on the submitted facts. It concluded…
Facial hair and respirator options
A senator asked OSHA about a constituent’s concern over facial hair and respirator use. OSHA said beards can prevent an effective facepiece seal even on positive-pressure respirators, while…
Missouri teachers health program outside ERISA plan status
EBSA said the proposed Missouri State Teachers Association health program itself was not an ERISA welfare plan: no bona fide employer group or qualifying employee organization established it for all…
Top-heavy vesting provisions in pension plan summaries
EBSA said a pension plan’s summary plan description must explain adopted vesting terms that would apply if the plan became top-heavy, even while that condition was contingent. The summary of…
Evaluating lung X-rays and pulmonary function tests
A union safety director urged OSHA to issue field guidance on specialist readings of lung X-rays and disclosure of early pulmonary changes to workers. OSHA said certified B-readers were valuable but…
Employee real-estate interests and ERISA pension status
EBSA said a proposed VMS employee real-estate partnership incentive was neither an ERISA welfare plan nor, on the stated current-income terms, a pension plan by its express terms. It warned that…
Negative-pressure respirators for isocyanate paint spray
A paint manufacturer asked whether negative-pressure air-purifying respirators could protect workers spraying isocyanate paints. OSHA said those respirators were not acceptable because isocyanates…
1984 deficit reduction act clarification
ETA clarified 1984 federal amendments to state income and eligibility verification procedures and quarterly wage reporting. ETA still lists the letter as continuing.
Wisconsin education insurance trust ruling revoked
EBSA revoked Advisory Opinion 1983-36A after learning that the WEA Insurance Trust also covered school workers whom the sponsoring unions did not represent. Those unions were not employee…
Iowa insurance authority over WEA health trust
A requester asked whether ERISA barred Iowa from regulating health coverage offered to Sioux City school workers through the WEA Insurance Trust. EBSA said the trust itself was not an ERISA welfare…
OSHA and NRC interface activities
OSHA instructed regional administrators how to coordinate occupational-safety matters with the Nuclear Regulatory Commission. The memo said OSHA handled nonradiological workplace safety at…
Jib-crane lifting of personnel
A canal operator asked whether an OSHA instruction applied to lifting personnel with a jib crane during planned lock maintenance. OSHA said the cited instruction covered other crane types, but the…
Sisters of Mercy retirement plans as church plans
EBSA said the listed Sisters of Mercy retirement arrangements constituted one or more church plans excluded from ERISA Title I on the submitted facts. It considered the St. Charles Hospital plan’s…
Training requirements for fire-brigade instructors
A union representative asked what qualifications fire-brigade instructors needed under 29 CFR 1910.156. OSHA said its requirements were performance-oriented and did not use the NFPA’s four…
Review of QNX's EverX exit sign
QNX asked OSHA to review its EverX illuminated exit sign and determine whether it met OSHA standards. OSHA said equipment meeting an applicable OSHA standard was in compliance; equipment meeting a…
JTPA training and UI eligibility clarification
ETA clarified how JTPA training offers interact with federal unemployment law governing approved training and refusal of work. Current status is unconfirmed.
Use of an electronic back-up mirror with a reverse audible alarm
A member of Congress asked whether an electronic back-up mirror could be used on earthmoving or compacting equipment with an obstructed rear view. OSHA said the mirror alone did not provide the…
Review of Medic First Aid Program
Emergency Medical Planning asked OSHA to review the audiovisual portion of its Medic First Aid program for equivalency to nationally recognized programs supporting OSHA standards. OSHA said it could…
American Red Cross Standard First Aid Modular System
A regional administrator asked whether the American Red Cross Standard First Aid Modular System satisfied OSHA first aid training requirements. OSHA said the full ten-module course met the intent of…
OSHA update on hazardous waste site activities
A House subcommittee requested a status report on OSHA's implementation of its 1983 hazardous waste site instruction. OSHA reported inspections, technical assistance, staff training, state plan…
Rear-view visibility for construction motor vehicles
An attorney asked when the construction motor vehicle rule applies and whether a flatbed truck with mirrors and a rear cab window has an obstructed rear view. OSHA said the rule covers vehicles used…
Review of NASA hydrogen safety manual
NASA asked OSHA to review a draft hydrogen safety manual for consistency with OSHA standards. OSHA identified several preliminary issues, including cross-references, wording that used 'should'…
BancOhio group insurance trusts outside ERISA plan status
EBSA said the BancOhio group insurance trusts were not themselves ERISA welfare plans because participating employers did not control them as a bona fide employer group. An employer adopting the…
Employee stock purchase program and pension status
EBSA said First Federal’s employee stock purchase arrangement was not an ERISA pension plan by its express terms because it did not promise retirement income or defer income until employment ended.…
Qualified accountant opinions for ERISA annual reports
EBSA said an accountant’s report noting departures from generally accepted accounting principles was not automatically unacceptable for an ERISA annual report, but a necessary participant-data audit…
Respirators for ethylene oxide exposure
A hospital asked OSHA where it could find respirators approved for ethylene oxide exposure. OSHA pointed to the respirator table in its ethylene oxide standard, described available supplied-air and…
Participant loans after small-business corporation election
EBSA said previously exempt participant loans would become prohibited while outstanding if the employer elected small-business corporation status and the borrowers thereby became owner-employees.…
Nevada resort health trust and employer-group control
EBSA could not conclude that the Nevada Resort Association health trust was controlled by employer members or constituted one ERISA welfare plan for nonmember employers. It also explained that state…
Strength criteria for guardrails and stairways
An engineer asked OSHA whether a proposed pipe size satisfied construction guardrail and stairway strength criteria. OSHA quoted the then-applicable requirement for a completed railing to withstand…
Safeguarding floor holes around equipment
A manufacturer asked how to protect floor openings around equipment that moves with thermal expansion. OSHA said that, under its then-current enforcement approach, certain restricted-access floor…
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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.