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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Firefighter vacation cash-outs and the regular rate
A firefighters’ collective bargaining agreement proposed cashing out accrued vacation without taking the leave. WHD said the proposed payments were for vacation periods when no work was performed…
Reconsideration of temporary wiring support distance
An electrical contractor asked about OSHA's earlier statement that temporary cable supports could be no farther than 4.5 feet apart. OSHA said the earlier letter had addressed a different question…
Coast Guard-approved life jackets for construction over water
A bridge contractor asked what type of personal flotation device it must give workers on barges during construction over water. OSHA said 29 CFR 1926.106(a) requires a U.S. Coast Guard-approved…
Revised implementation date for combined wage billing
ETA gave state workforce agencies more time to implement Release 2 of the automated IB6 billing system described in UIPL 04-04. It moved the required billing cycle from the quarter ending March 31…
State implementation of SSA data sharing through ICON
ETA told state unemployment agencies how to prepare for exchanging Social Security Administration data through the Interstate Connection Network. States were to finish programming and testing, meet…
Wiring and cable trays in research laboratories
An OSHA directorate asked how electrical standards apply to flexible cords, temporary wiring, and high-voltage cable trays in research laboratories. OSHA said wiring that remains for years to serve…
How a 15-month National Call to Service enlistment affects UCX claims
ETA told state unemployment agencies that the National Call to Service program adds a 15-month enlistment term after initial training. Because training comes first, total active-duty service can…
Restaurant clothing requirements and uniforms
A restaurant asked whether prescribed khaki bottoms and navy golf shirts were uniforms and whether employees had to be reimbursed. WHD viewed the ordinary, wearable street clothing as not a uniform…
Written approval for powered truck work platforms
A truck manufacturer asked whether adding a personnel work platform requires prior written approval from the powered industrial truck manufacturer. OSHA said approval is required when a modification…
Valve caps when hoisting compressed gas cylinders
A contractor asked whether oxygen and acetylene cylinders strapped to a wheeled cart could be hoisted by crane with regulators attached. OSHA said the cart was designed for ground movement and did…
No fixed OSHA weight limit for lifting and carrying
A job applicant asked whether OSHA sets a maximum weight a person may lift or carry after an ambulance service required a 160-pound stair-carry test. OSHA said it has no fixed lifting-weight limit.…
Respirator fit testing for home health workers
A home health provider asked whether every employee needed annual respirator fit testing when only some might encounter patients with suspected tuberculosis. OSHA said workers required to wear…
SJTW flexible cords on construction sites
A cord manufacturer asked whether type SJTW flexible cords could be used on construction sites. OSHA said SJTW cords are classified for hard usage and may be used if they have three wires and meet…
Minimum disaster unemployment benefits for spring 2004
ETA gave state unemployment agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from April through June 2004. It directed them to use the listed…
Fiscal 2004 rescissions and program year 2004 workforce allotments
ETA gave states their 2004 workforce and employment-service allotments, described a congressional funding reduction, and identified three states eligible for additional funds from the Dislocated…
Laser guards on hydraulic press brakes
A manufacturer asked whether laser guards could satisfy the machine-guarding rule for hydraulic press brakes. OSHA said a laser guard could comply only if it reliably prevented contact with the…
Fall protection for pump jack scaffold railings
A product inventor asked whether a proposed pump jack scaffold railing would satisfy OSHA's fall-protection rules. OSHA did not approve the design because no engineering assessment was submitted; it…
Release of 2003 unemployment benefit accuracy data
ETA gave state agencies the schedule for checking and releasing 2003 unemployment benefit accuracy data. It set an April 29 database cutoff, barred reopening cases until state and federal figures…
Health Savings Account contributions under unemployment tax law
ETA explained that certain employer contributions to an employee's Health Savings Account are excluded from wages for federal unemployment tax purposes when it is reasonable to believe the employee…
Fall protection during roofing inspections and repairs
A roofing contractor asked whether short repair jobs could be done without fall protection because setting up the system could take longer than the job. OSHA said prework inspections to determine…
Shop-installed shear connectors on steel beams
A steel fabricator asked whether shop-installed shear connectors or pour-stop angles could violate steel-erection rules before decking is installed. OSHA said those attachments can create tripping…
Controlled access zones for overhand bricklaying
A mason asked when overhand bricklaying needs fall protection and whether painted lines can mark a controlled access zone. OSHA said workers six feet above lower levels may use a compliant…
Crane swing-radius barricades and welder terminals
A safety specialist asked whether caution tape or rope could barricade a crane's swing radius and whether portable welder lugs need covers. OSHA said caution tape can mark the crane danger area, and…
Fall protection at drilled shaft openings
A drilling contractor asked whether employees using personal fall arrest systems at a drill shaft also need a warning line 15 feet from the opening. OSHA said a warning line is not additionally…
Fall protection for workers on vehicles and trailers
A risk consultant asked whether construction workers need fall protection when they climb onto tractor trailers to connect crane rigging. OSHA said the cited walking and working surface rule…
Reverse alarms on utility vehicles at off-highway jobsites
A utility company asked when vehicles with obstructed rear views need reverse alarms at off-highway jobsites, including substations. OSHA said an audible alarm or another designated employee to…
Annual lockout and tagout procedure inspections
A steel manufacturer asked whether it must inspect hundreds of detailed lockout and tagout procedures every year and review results with every worker. OSHA said similar machines and controls may be…
Fire barriers for gas-cylinder storage in vehicles
A vehicle manufacturer asked how to test and size a fire barrier separating stored oxygen and fuel-gas cylinders. OSHA said ASTM E119 is unsuitable for the proposed small vehicle barrier, while an…
Funding state Alternative Trade Adjustment Assistance work
ETA explained how state agencies should fund and report their administrative work for Alternative Trade Adjustment Assistance. It set time allowances for enrollment, monthly eligibility checks and…
Telecommunications first aid and CPR training
A safety consultant asked when telecommunications workers need first aid and CPR training, including employees who work alone. OSHA said employers should assess each worksite, job, and likely…
Fall protection during roof-truss installation
A roofing contractor asked whether roof-truss work on a mostly steel-framed building counted as residential construction and whether conventional fall protection was infeasible. OSHA said the…
Closeout of FY 1999 Welfare-to-Work state formula grants
ETA told states how to end FY 1999 Welfare-to-Work state formula grants after Congress rescinded unspent funds, transition remaining participants to other services, and close out the grants. The…
Securing a portable ladder with a retainer device
A ladder-device maker asked whether its retainer could satisfy OSHA's ladder-securing rule. OSHA said it does not approve products, but the device would likely meet the rule if the ladder cannot…
WOTC and Welfare-to-Work Tax Credit requests during the 2004 authorization lapse
ETA told state workforce agencies to accept and retain tax credit certification requests for hires made during the January through September 2004 lapse in authorization, but to wait for…
Program Year 2003 dislocated worker fund recapture and reallotment
ETA announced that $4,041,974 in unobligated dislocated worker funds would be recaptured from one state and reallotted to other states for Program Year 2003. The letter explains how states should…
Welding leads and fall protection in an aerial lift
A contractor asked whether welding leads can attach to an occupied aerial lift bucket and whether a worker can tie off to a lifeline anchored to a water tank. OSHA said the welding connection must…
Identification and inspection of a crane boom section
A crane worker asked whether an independent inspector could identify and certify a boom section whose manufacturer's tag is missing. OSHA said a qualified person must identify the section and…
Hard hats for roofers without head-injury hazards
A roofing contractor asked whether workers must wear hard hats on a roof with no overhead work or other head-injury exposure. OSHA said its standard does not require helmets when workers face no…
Inspection and testing of a hydraulic pile-driving rig
An OSHA regional administrator asked which crane standards covered a particular hydraulic pile-driving rig and whether it required inspections or load tests. OSHA said the cited crane provisions did…
Compatibility of fall-protection components
A worker asked whether a fall-arrest or positioning system must use components from one manufacturer. OSHA said components from different makers can be combined if the snaphooks and connected parts…
Later domestic relations order reducing assigned pension benefits
A pilot pension plan asked whether a later divorce order reducing an alternate payee’s share could qualify as a qualified domestic relations order. EBSA said a later order is not barred merely…
Incident command and response training at ammonia facilities
A consultant asked how small ammonia refrigeration facilities should organize incident command and train process operators for emergency response. OSHA said operators taking limited action in the…
Toe clearance for construction manhole rungs
A requester asked what toe clearance OSHA would enforce for manhole rungs during construction work. OSHA said its then-current enforcement policy permitted 4½ inches at the rung center, aligning…
Hazard communication for silica-containing latex paint
A paint trade group asked OSHA to exempt latex paints with less than six percent crystalline silica from hazard communication requirements based on estimated downstream exposure. OSHA declined,…
Laser guarding on hydraulic press brakes
A machine-guard maker asked OSHA to revisit an earlier memo that rejected a laser guarding system on hydraulic press brakes. OSHA rescinded the memo's conclusion that laser guards are inherently…
Authorized employees and verification in lockout procedures
A plant worker described two lockout procedures and asked who counts as an authorized employee. OSHA identified missing stored-energy and verification steps in the first description and said a…
Asbestos risks and labels for vehicle brake parts
A senator asked about asbestos exposure during brake maintenance, imported-part labeling, and OSHA's response. OSHA summarized then-available exposure studies, described controls required for brake…
Proof testing and inspection of lifting accessories
A contractor asked about proof tests, inspections, test weights, and labels for lifting accessories. OSHA said custom devices must be tested to 125 percent of rated load, but certified weights are…
Onshore seafood processing and the agriculture exemption
A requester asked why onshore crab pickers and packers do not qualify for the FLSA agriculture overtime exemption. WHD said processing seafood is not farming and that the former seafood-processing…
Seafood processors and the hand-harvest laborer exemption
A requester asked whether crab pickers and packers paid by the piece could use the FLSA exemption for agricultural hand-harvest laborers. WHD said seafood processing is not agriculture or harvesting…
Respirator fit testing after tuberculosis rule rescission
A medical center asked how often workers using respirators against tuberculosis and other infectious diseases need fit testing. OSHA said its tuberculosis-specific respiratory rule had been…
Seat belts for larger workers on construction vehicles
A construction employer asked about drivers too large to use seat belts that meet the incorporated vehicle standard's 95th-percentile size range. OSHA said that specific rule does not itself require…
Dual-tether fall-protection device for aerial lifts
A device maker asked about connecting an aerial-lift worker both to the bucket and to either a nearby structure or the boom. OSHA said tying to a nearby pole or structure violates the cited rule,…
Gasoline safety cans and bonding during tool refueling
A contractor asked about dispensing gasoline from an approved five-gallon safety can and whether electrical bonding applies when refueling tools. OSHA said an approved can without a flame-arrestor…
Latex gloves and worker-protection requirements
An allergy association raised concerns about latex gloves used to protect consumers and patients. OSHA said its rules protect workers, so gloves chosen solely for consumer food safety fall outside…
Boston teachers benefit funds as governmental plans
Three Boston teachers benefit funds asked whether they were governmental plans. EBSA found the school committee’s role in the health and paraprofessional funds, its authorization and ratification of…
Seat belts in mobile crane operator cabs
A requester asked whether mobile crane operators must use seat belts. OSHA said the installation and use requirements apply when a rubber-tired mobile crane is driven on an off-highway construction…
National Emergency Grant policy guidance
ETA set the 2004 rules and funding priorities for National Emergency Grants that served workers affected by layoffs, disasters and trade-related dislocations. It described eligible events,…
Engineered firewalls on gas-cylinder carts
A gas-cylinder cart maker asked whether its engineered steel firewall met OSHA's storage separation rule. OSHA said a barrier could comply if it is at least five feet high, has a half-hour fire…
Steel beam attachments and tripping hazards
A steel contractor asked whether a bent plate and reinforcing gussets welded to a perimeter beam could be installed before decking. OSHA said the plate extends the beam's walking surface and the…
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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.