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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Formaldehyde exposures from a salon smoothing product
A product company's attorney challenged OSHA's finding that salon workers using a hair smoothing solution exceeded the formaldehyde short-term exposure limit. OSHA stood by its sampling and cited…
Operating instructions for the 2011 TAA amendments
ETA instructed state agencies on implementing the 2011 Trade Adjustment Assistance amendments, which restored and modified several certification criteria and worker benefits. The letter covers…
Styrene labeling under the former hazard communication rule
A chemical industry group asked whether styrene's listing as a potential carcinogen required label changes and whether OSHA would cite companies before a proposed rule took effect. OSHA said its…
Asbestos gasket removal and negative exposure assessments
An industrial contractor asked whether asbestos gaskets that split during removal require a glove bag and whether a sharp tool makes removal intact. OSHA said a glove bag is unnecessary for the…
WIC2 application for interstate unemployment claims
ETA told state workforce agencies that WIC2 would replace the Withdrawal/Invalid Claim application on the UI-ICON network in November 2011. It described new claim-data features and implementation…
2012 advance WIA funding and governor reserve
ETA initially reduced fiscal year 2012 advance WIA Adult and Dislocated Worker allotments by 1.503 percent and clarified that the program year 2011 governor reserve was five percent. It attached…
Required fit factor for full-face CBRN respirators
A respirator testing equipment maker asked whether a manufacturer's higher fit-factor recommendation for chemical, biological, radiological and nuclear use changed OSHA's mandatory minimum. OSHA…
Capacity of a flammable-liquid storage cabinet
A safety specialist asked how to read the 'or' and 'nor' wording in the storage cabinet capacity rule. OSHA said the rule does not prohibit mixing the stated classes of liquids in one cabinet and…
IRA futures-loss indemnities outside PTE 80-26
A requester asked whether a prohibited transaction exemption covered an indemnity agreement needed for an IRA to trade futures. EBSA said the arrangement did not meet the exemption’s…
Equitable tolling for TAA benefit deadlines
ETA told state agencies that equitable tolling may be available for several Trade Adjustment Assistance deadlines, including training enrollment and applications for additional income support, job…
Hazard communication preemption and state failure-to-warn suits
An attorney asked whether OSHA's hazard communication preemption clause displaced state failure-to-warn lawsuits. The Labor Department's solicitor said it generally did not: the provision targeted…
Certification of flame-resistant clothing for oil and gas work
A protective clothing maker asked whether employers must provide certified flame-resistant clothing for oil and gas operations. OSHA said its enforcement policy points to NFPA 2112 and 2113 as…
Unemployment insurance integrity performance measure
ETA defined a state unemployment insurance integrity measure focused on benefit-year earnings overpayments, including fraud and nonfraud cases. It explained reduction targets and how state…
WIA annual report narrative due October 2011
ETA told states what to include in the narrative portion of the WIA annual report due October 3, 2011. It discussed performance results, business engagement and submission steps, with an attachment…
Identification of high-priority states for improper UI payments
ETA described how it would identify states with high improper unemployment insurance payment rates and give them added technical assistance and monitoring. It expected selected states to analyze…
Minimum disaster unemployment benefits for late 2011
ETA provided state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts based on half of each state’s average weekly unemployment benefit. The amounts applied to…
Conversion of unemployment tax accounts to NAICS 2012 codes
ETA asked state workforce agencies to convert industry codes on existing employer unemployment insurance accounts to NAICS 2012 and use the new codes for new accounts. It described coordination with…
State unemployment access for people with limited English proficiency
ETA reminded state workforce agencies to take reasonable steps to make unemployment insurance services accessible to people with limited English proficiency. It described a four-factor assessment…
Payment of interest on Title XII unemployment advances
ETA instructed states on calculating and paying interest on Title XII unemployment advances, generally by September 30, and explained available deferrals and the consequences of late payment. It…
Change rooms and hygiene for hexavalent chromium work
An OSHA regional office asked when the hexavalent chromium rule requires change rooms. OSHA said they are required where workers must take off street clothes to use protective clothing, including…
State unemployment insurance integrity task forces and plans
ETA announced a 2011 effort for states to convene unemployment insurance integrity task forces and prepare plans to reduce improper payments. It described federal support and expected planning…
OSHA and NIOSH formaldehyde exposure limits
A worker asked why building air tests below OSHA's formaldehyde limit exceeded NIOSH recommendations, and whether to return to that workplace. OSHA explained that its permissible exposure limit is…
Submitting TAA certification amendment requests
ETA told state agencies how to request amendments to Trade Adjustment Assistance worker-group certifications. It encouraged email submissions to a dedicated OTAA address starting October 1, 2011 and…
2012 areas of substantial unemployment designations
ETA requested state designations of areas of substantial unemployment for the WIA funding year beginning July 1, 2012. It specified a 6.5 percent unemployment threshold, geographic and population…
Revising WIA negotiated performance levels
ETA revised its procedure for states seeking changes to WIA negotiated performance levels. A governor could request a revision when an unanticipated event significantly changed performance factors,…
Religious accommodation and required respirators
A Sikh advocacy group asked whether employees whose faith prohibits removing facial hair could be exempted from required respirators and whether workers could pay extra for a suitable powered…
Revisions to unemployment benefit data validation handbook
ETA revised the benefits portion of its unemployment insurance Data Validation Handbook. It changed how states build the Population 5 file for nonmonetary determinations and made technical…
2010 performance reporting and data validation timelines
ETA reissued program year 2010 performance reporting and data validation schedules for WIA, TAA and related workforce programs. The change revised WIA source documentation in Attachment A and added…
2011 workforce information grant applications
ETA continued the formula grant application process for state labor market and workforce information services for program year 2011. It set work plan, deliverable, reporting and grant submission…
2011 grants for unemployment integrity and system improvements
ETA notified state workforce agencies of FY 2011 supplemental funding for unemployment insurance integrity work, performance improvement and technology upgrades. It explained eligible projects and…
2011 Work Opportunity Tax Credit allotments
ETA issued final fiscal year 2011 state allotments for administering the Work Opportunity Tax Credit. It described the funding formula and required quarterly financial and performance reports, with…
2011 TAA training funds second distribution
ETA explained its second fiscal year 2011 distribution of Trade Adjustment Assistance training funds and remaining job search and relocation allowances. It set out the formula and state allocations…
FY 2012 state unemployment administration planning targets
ETA gave state workforce agencies preliminary FY 2012 dollar and staff-year targets for planning unemployment insurance operations. It explained how base resources were allocated and supplied…
2011 WOTC and empowerment zone extensions
ETA explained legislative extensions of the Work Opportunity Tax Credit and HUD empowerment zones through December 31, 2011. It gave state workforce agencies procedural guidance for processing…
Minors assisting with powered patient lifts
WHD explained that trained 16- and 17-year-old nursing aides may assist an adult team leader with specified tasks involving powered patient or resident lifts. They may not operate those lifts alone…
Reviewing a physician's HAZWOPER written opinion
A fire department asked OSHA to approve a revised medical monitoring form for hazardous materials personnel. OSHA said the standard does not require a particular form and a blank template cannot…
Minimum disaster unemployment benefits for summer 2011
ETA sent state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts based on half of each state’s average weekly unemployment benefit. The figures applied to major…
FY 2011 unemployment administration allocations and funding
ETA provided state agencies with final FY 2011 unemployment insurance administration allocations and guidance on above-base funding and supplemental budget requests. It also addressed state…
Ending sampling for the ETA 203 unemployment report
ETA told state workforce agencies that they should no longer produce the ETA 203 report on characteristics of insured unemployed workers through statistical sampling. It instructed states to…
Designating local WIA workforce areas
ETA clarified a governor’s authority to designate or redesignate local WIA workforce investment areas despite restrictions in the 2011 appropriations law on changing federal redesignation…
Qualification cards for crane signal persons
An ironworkers' union asked whether its apprenticeship programs and certification cards could meet crane signal-person qualification rules. OSHA declined to endorse a particular program, saying…
2010 WIA customer satisfaction weights
ETA gave states American Customer Satisfaction Index weights for calculating program year 2010 WIA participant and employer survey scores, with tables and survey guidance in attachments. This letter…
Which vehicles are powered industrial trucks
A safety consultant asked whether several vehicles used around yards and industrial sites fall under OSHA's powered industrial truck rule. OSHA said trackmobiles and golf cars are outside that rule,…
FY 2012 state unemployment quality service plans
ETA gave state workforce agencies supplemental instructions for their FY 2012 unemployment insurance State Quality Service Plans. It identified performance measures, planning requirements and…
Third edition of lower-level unemployment appeals quality handbook
ETA sent state workforce agencies the third edition of its handbook for measuring the quality of lower authority unemployment insurance appeals. The attached handbook sets review procedures and…
Investment-advice fiduciaries under securities exemption
A requester asked whether a fiduciary who gives investment advice may use a prohibited transaction exemption when acting as a securities agent for a plan. EBSA said the exemption can apply to such a…
Circuit breaker examination and maintenance
MSHA says underground and surface coal mine circuit breakers, including rebuilt units, require monthly examination and testing by qualified people. A breaker with a potentially dangerous condition…
Coal mine firefighting waterline performance
MSHA explains how coal mine waterlines must deliver the required water flow and nozzle pressure for firefighting. The letter clarifies which firehose and nozzle setup is used to evaluate the 50…
Payment for required ski helmets
A ski patrol adviser asked whether a ski center must buy or reimburse helmets it requires on-snow workers to wear. OSHA said that once management determined helmets were necessary protection, it…
Integrity in workforce board decisions
ETA asked state and local workforce investment boards to make decisions transparently and guard against conflicts of interest. It discussed open meetings, procurement standards, restrictions on…
2011 WIA Section 166 final allotments
ETA announced final program year 2011 allotments for the WIA Section 166 Supplemental Youth Services and Comprehensive Service programs. It reflected appropriations reductions and attached final…
Ingredient disclosure on disinfecting wipe safety sheets
A constituent asked why an ingredient on a disinfecting wipe's label was absent from its material safety data sheet. OSHA said the ingredient was reported at 0.23%, below the then-current 1%…
H-2A procedures for itinerant beekeepers
ETA established special H-2A labor certification procedures for itinerant commercial beekeepers. The attachment covers multi-state job orders, recruitment and related application steps for employers…
H-2A procedures for sheepherders and goatherders
ETA updated special H-2A labor certification procedures for sheepherding and goatherding employers, including offered wages, recruitment and job-order requirements. The second attachment gives…
H-2A procedures for itinerant animal shearing
ETA updated special H-2A labor certification procedures for itinerant sheep, goat and other animal shearing employers. The attachments set job-order, wage, recruitment and mobile housing rules. The…
H-2A procedures for custom combine operators
ETA updated special H-2A labor certification procedures for multi-state custom combine owners and operators, including job orders, recruitment, wage offers and itineraries. An attachment sets…
H-2A procedures for open range livestock work
ETA updated special H-2A labor certification procedures for employers hiring temporary workers for open range livestock production. Attachments address prevailing wages, recruitment and mobile…
Truck wheel chocking and state plan jurisdiction
A trucking association asked OSHA about a Washington citation for failing to chock trucks during loading and unloading. OSHA pointed to its federal guidance and explained that state safety plans…
Serving youth with disabilities
ETA and the Office of Disability Employment Policy urged workforce programs to improve enrollment, training and employment outcomes for youth with disabilities. The letter describes coordination and…
2011 WIA performance goal deadline extension
ETA extended to June 20, 2011 the deadline for states to declare whether they would negotiate program year 2011 WIA and Wagner-Peyser performance goals and to submit proposed targets. The change…
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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.