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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YouthBuild school-dropout eligibility revision
ETA revised TEGL 11-09 to clarify that a youth who dropped out of high school and then re-enrolled in an alternative school may qualify for YouthBuild if the re-enrollment is part of a sequential…
HAZWOPER response by civil support teams
A researcher asked how HAZWOPER applies when National Guard civil support teams respond to hazardous-material or terrorist incidents. OSHA said state-activated teams generally fall outside federal…
Security guidance for state unemployment IT systems
ETA gave state unemployment agencies additional IT security guidance based on NIST publications. It encouraged states to classify their systems, select security controls and assess whether those…
Tax Performance System handbook updates
ETA sent states replacement pages for the Tax Performance System handbook. Changes include reviews of tax-rate manipulation detection, employer reporting, cashiering and field audits. UIPL 29-10…
Contracts serving youth with greatest needs
ETA advised state and local workforce boards and youth providers on contract design that supports youth with greater education and employment barriers while maintaining accountability. It discusses…
Qualifications for HAZWOPER trainers
An engineering firm asked whether employees who had completed HAZWOPER classes and gained field experience could teach the 40-hour and refresher courses. OSHA said it does not certify individual…
Respirator certification and state tort claims
A legal association asked the Department of Labor to reconsider a 2008 letter claiming federal respirator certification barred state tort suits. The Department said certification alone does not…
Two-person crews near energized power equipment
A utility questioner asked when one employee may work near a transformer with a higher-voltage primary bushing. OSHA said the two-person rule turns on whether the worker can reach or carry a…
Gloves for masonry work with wet cement
A masonry association questioned citations for bricklayers working without gloves. OSHA said no rule requires gloves for every masonry task, but its general protective equipment rule applies when…
Blast-resistant structures under process safety rules
A senator asked whether process safety mechanical-integrity requirements cover refinery structures exposed to explosion hazards. OSHA said those requirements apply to many structures housing covered…
Subsidized work-based training for unemployed workers
ETA and the Wage and Hour Division guided states considering subsidized workplace training for unemployed workers. The letter explains WIA funding options, limits on using unemployment funds, and…
N95 respirator fit testing for H1N1 protection
An insurance consultant asked about disposable N95 respirators used for H1N1 protection. OSHA said required tight-fitting respirators need fit testing and a written respiratory protection program,…
No Social Security or federal civilian pension COLA for 2010
ETA told state unemployment agencies that Social Security survivor and retirement annuities and federal civilian pensions had no 2010 cost-of-living increase. It pointed states to the federal…
No military pension cost-of-living increase for 2010
ETA told state unemployment agencies that the 2010 federal military retired pay cost-of-living adjustment was zero and pointed them to Defense Department information. ETA now lists the letter as Canceled.
Potential OSHA rules for mercury spill response
A consultant asked several broad questions about mercury spill response and cleanup. OSHA said the scenarios needed more detail for a specific interpretation, then identified potentially relevant…
Software for state unemployment data validation instructions
ETA introduced a web application for state-specific Module 3 instructions in its unemployment data validation handbook. The letter explains how states were to update the instructions and certify…
Protective sleeves and gloves in clinical work
A healthcare worker asked whether wrist-length gloves adequately protect staff treating patients with communicable diseases. OSHA said employers must assess the tasks and anticipated exposures and…
Acceptable military separation reasons for ex-service unemployment claims
ETA gave states an updated list of acceptable reasons for separation from military service to use when deciding Unemployment Compensation for Ex-Servicemembers claims. It applies to certain people…
Corrected disaster unemployment minimums for January through March 2010
ETA corrected the minimum weekly Disaster Unemployment Assistance figures for major disasters declared January 1 through March 31, 2010. Its attachment supplies a revised state table based on the…
2010 military wage schedule for ex-service unemployment claims
ETA directed states to use an attached 2010 military remuneration schedule when determining federal military wages for new Unemployment Compensation for Ex-Servicemembers claims. ETA now lists the…
Questions and answers on unemployment data validation
ETA answered state workforce agencies’ questions about the unemployment insurance Data Validation program. The attached questions and answers cover benefits and tax validation procedures. ETA now…
Federal Additional Compensation overpayments and tax withholding
After an audit, ETA reminded states to establish, recover and report overpayments of the $25 Federal Additional Compensation supplement and to withhold income tax from it when a claimant elected…
Fiscal year 2010 reemployment and eligibility assessment grants
ETA invited states to apply for fiscal year 2010 grants to start or expand unemployment Reemployment and Eligibility Assessment programs. The letter explains proposal requirements and use of funds,…
Radon exposure during excavation and trench work
A correspondent asked whether radon is a hazard for workers in trenches and excavations. OSHA said open-air work is unlikely to produce hazardous concentrations except in rare circumstances, while…
December 2009 extension of temporary unemployment benefits
ETA explained how a December 2009 law extended EUC08, Federal Additional Compensation and temporary federal funding for Extended Benefits. It also corrected a statement in UIPL 12-09, Change 1. ETA…
Revised state unemployment quality service plan handbook
ETA sent states a revised State Quality Service Plan handbook for unemployment administration. It expanded instructions on IT contingency planning, risk assessment and security controls and replaced…
YouthBuild school-dropout eligibility
ETA explained the YouthBuild school-dropout definition and when a former high-school dropout who re-enrolled in an alternative school could be served under a sequential service strategy. Change 1…
Target-date mutual funds and ERISA plan assets
A requester asked whether a target-date mutual fund’s holdings in affiliated mutual funds made its underlying assets ERISA plan assets or the fund’s adviser a plan fiduciary. EBSA said that…
Drinking beverages where hazardous chemicals are used
A worker asked whether coffee or water may be consumed where acetone and paint thinner are used. OSHA cited its sanitation rule barring food and beverages in areas exposed to toxic material and…
Drilling through asbestos floor tile and mastic
An engineering firm asked whether small holes could be drilled through asbestos-containing floor tile and mastic. OSHA said the described work is generally Class III if the debris fits in one…
Additional family-reason option for 2009 unemployment modernization grants
ETA explained a 2009 amendment to the criteria for state unemployment modernization incentive payments. States could qualify under a new option covering workers who left employment to escape sexual…
Questions and answers on 2009 EUC08 expansion
ETA answered state agencies’ questions about the 2009 expansion of EUC08, including its benefit tiers and coordination of payments. The attachment contains the questions and answers. ETA still lists…
Corrections to 2009 TAA operating instructions
ETA corrected the variables and presentation of the Reemployment Trade Adjustment Assistance payment formula in TEGL 22-08. It also answered state agency questions on Trade Readjustment Allowances…
Revised handbook for unemployment benefit accuracy measurement
ETA sent states a revised Benefit Accuracy Measurement handbook for sampling paid and denied unemployment claims and identifying payment errors. It replaced the prior fourth edition, and the fifth…
2009 expansion of emergency unemployment benefit tiers
ETA explained how a 2009 law expanded the second tier of EUC08 benefits and added third and fourth tiers in states meeting specified unemployment thresholds. It provided operating and reporting…
Equivalent nebulizers for qualitative respirator fit tests
A manufacturer asked whether its nebulizer could replace the squeeze bulb named in OSHA’s saccharin and Bitrex fit-test protocols. OSHA said the substitution described was an equivalent device, not…
Veterans priority in DOL training programs
ETA and the Veterans’ Employment and Training Service instructed DOL-funded job-training programs on priority of service for veterans and eligible spouses, including eligibility, access, notice and…
Confidential post-exposure evaluations at healthcare facilities
A small healthcare facility asked whether its own physician could perform post-exposure evaluations after a bloodborne pathogen incident. OSHA said an outside physician is not always required, but…
IRA owner pledging personal assets for IRA debts
An IRA owner asked whether personal brokerage assets could secure the IRA’s debt to the same broker. EBSA said the pledge would be a prohibited extension of credit from the owner to the IRA, akin to…
Paint and adhesive stickers on protective helmets
A theater production manager asked whether paint or stickers may be applied to protective helmets. OSHA said its rules do not expressly ban them, but an alteration must not weaken the helmet or…
Approval of data collection for 2009 unemployment modernization grants
ETA told states that the Office of Management and Budget approved information collection for unemployment modernization incentive payment applications. The letter says states planning to apply…
2010 TAA initial allocations and reserve funds
ETA explained the fiscal year 2010 formula for initial state Trade Adjustment Assistance training allocations and the process for requesting reserve funds for training, job-search and relocation…
ACORN continuing resolution funding restriction
ETA instructed grant recipients and subrecipients on the continuing resolution restriction against providing covered federal funds to ACORN or affiliates, including treatment of existing and new…
Clevis pins, cotter pins and latches on chain slings
A questioner asked whether clevis or cotter pins can connect chain slings to hooks and whether sling hooks need latches. OSHA said unrated pins would be makeshift attachments and could not be used…
Protective systems for test pits workers do not enter
A construction questioner asked whether an unentered test pit needs shoring or another cave-in protective system. OSHA said the rule applies when workers enter an excavation, and an unprotected pit…
Updated ANSI gate strength for carabiners and snaphooks
A construction questioner asked whether OSHA would enforce a newer ANSI gate-strength requirement for snaphooks and carabiners. OSHA distinguished its existing tensile-strength rules from a…
Minimum disaster unemployment assistance for late 2009
ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared October 1 through December 31, 2009. The table generally uses half the state’s average weekly…
Aluminum grinding and shipyard fire watches
A ship repair association asked whether grinding aluminum requires a fire watch. OSHA said the answer depends on whether the operation produces fire or sparks under the conditions of its shipyard…
WOTC 2008 form use extension
ETA extended the period in which employers and representatives could submit 2008 Work Opportunity Tax Credit Individual Characteristics and Conditional Certification forms while new forms were…
European GHS labels under the 2009 hazard communication rule
An ink manufacturer asked whether an EU GHS label satisfied OSHA’s then-current Hazard Communication Standard. OSHA said it could, if the label carried the identity, specific hazard warning, and…
2008 customer satisfaction score weights
ETA gave states the program year 2008 American Customer Satisfaction Index weight table for participant and employer surveys used in WIA performance reporting. Two attachments include score-weight…
Recovery Act reporting for WIA programs sharing an award number
ETA told WIA grantees whose Adult, Dislocated Worker, and Youth programs share one grant award number how to report Recovery Act funds while the reporting system cannot accept three separate…
Guarding access openings to fixed ladders
OSHA instructed regional administrators to cite unguarded ladderway floor openings under the then-current §1910.23(a)(2). In its 2009 reading, a platform entrance to a fixed ladder still needed a…
IRA death benefits paid to a family trust
An IRA owner asked whether post-death distributions to a named trust, and commissions paid to a successor trustee, would be prohibited transactions. EBSA said an otherwise proper IRA benefit payment…
Recovery Act recipient reporting clarification
ETA clarified how Recovery Act grantees should count jobs created or retained, including paid summer youth work and cumulative full-time-equivalent calculations. It supplements TEGL 1-09; Change 2…
Revised TAA participant report instructions
ETA instructed states to implement the revised 2010 Trade Activity Participant Report for Trade Adjustment Assistance, including data definitions, submission and quality rules. A linked attachment…
Native American youth Recovery Act reporting
ETA issued a revised ETA Form 9085 and instructions for WIA section 166 Indian and Native American Supplemental Youth Services reporting, including Recovery Act performance data. An attachment…
2010 substantial unemployment area designations
ETA instructed states to submit area of substantial unemployment designations and supporting data for WIA adult and youth allotments beginning July 1, 2010. It describes the designation threshold…
New Recovery Act WOTC target groups
ETA guided state workforce agencies on eligibility certification for the Recovery Act WOTC unemployed-veteran and disconnected-youth target groups. Four linked materials provide forms and…
Mailing address on a material safety data sheet
A consultant preparing material safety data sheets for blended fuel products asked whether the responsible party had to list a physical address. OSHA said the 2009 rule allowed either a physical or…
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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.