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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Notice for unforeseeable intermittent FMLA leave
An employer asked whether an officer’s after-the-fact request to count an absence as FMLA leave was sufficient. WHD said an employee with an unforeseeable need for intermittent leave must notify the…
Paid and volunteer EMT roles in a town
A mayor asked whether a town could pay an emergency medical technician who also volunteered as an EMT in that town. WHD explained that public employees generally cannot volunteer the same type of…
Whether movement of a collapsed extension ladder counts as failure
A worker asked if the upper section of a retracted extension ladder briefly pulling away from a wall constitutes ladder failure. OSHA said the described movement appeared not to be a failure under…
Perimeter lifeline before steel decking is installed
A steel erector asked whether a single cable used as a horizontal lifeline must already meet guardrail rules before floor decking is installed. OSHA said no, because the perimeter guardrail…
Non-kickback fingers on reverse-rotation saws
An OSHA region asked whether reverse-rotation saws need non-kickback fingers. OSHA treated their absence as de minimis for the described climb-cut mode, but said the fingers are required if users…
Fiscal 2003 unemployment insurance state quality service plans
ETA told state unemployment agencies how to prepare their fiscal 2003 State Quality Service Plans, including performance priorities, funding periods, and submission procedures. An attached table…
SCBA use and fire brigade rules for structural fires
A firefighter asked when visible smoke requires self-contained breathing apparatus and how that affects fire classification. OSHA said the fire’s actual stage and conditions control: larger fires…
Verification tags in group lockout procedures
An employer asked whether tags used to confirm an equipment lockout must meet the tagout-device specifications. OSHA said the described tags only document verification and are not the devices that…
Trustee authority over delinquent pension contributions
Multiemployer pension trustees asked whether they had to replace their collection procedures with conflicting terms negotiated by a union and employers. EBSA said the bargaining terms did not amend…
Manufacturer approval for forklift front-end attachments
A worker asked whether adding a front-end forklift attachment requires both written manufacturer approval and updated truck markings. OSHA said yes when the addition affects capacity or safe…
PY 2002 agricultural services planning under Wagner-Peyser
ETA told states how to prepare their 2002 agricultural services submissions under the Wagner-Peyser Act. The attached planning guide calls for assessing farmworker and employer needs, planning…
Revised ETA 9002 and VETS 200 labor exchange reporting
ETA told state workforce agencies to use the revised ET Handbook 406 instructions for quarterly ETA 9002 and VETS 200 reports beginning July 1, 2002. The letter noted the previously announced labor…
Steel erection rule and tilt-up concrete structures
A trainer asked whether a note in the steel-erection rule brings entire tilt-up or lift-slab concrete structures under that rule. OSHA said no: concrete construction falls under the concrete…
Minimum disaster unemployment benefit amounts for July–September 2002
ETA gave state workforce agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from July 1 through September 30, 2002. The table lists each…
Timing of H-2A worker housing inspections
ETA told state workforce agencies to inspect employer-provided H-2A housing early enough for certifying officers to receive compliance documentation before issuing labor certifications. It stated…
State and Social Security data exchange through ICON
ETA described a project for state unemployment agencies and Social Security to verify claimant identity, pensions, wages and benefit payments through the Interstate Connection Network. The letter…
Final revised PY 2001 dislocated worker allotments
ETA announced the Secretary’s final determination reducing Program Year 2001 dislocated worker funding by $177.5 million. Its attachment lists each state’s revised allotment and explains how the…
Use of aluminum hard hats around electrical hazards
A delivery worker asked if an aluminum hard hat was acceptable on industrial and construction sites. OSHA said it was acceptable for the described situation, but unsafe where the worker might…
Air-supplied hoods and ventilation in recirculating paint booths
A manufacturer asked if air-supplied hoods could protect workers in a recirculating paint booth operating under an NFPA fire standard. OSHA said employers must first use feasible engineering or…
Generic circuit breaker lockout devices
An OSHA region asked whether generic circuit breaker switch lockouts meet lockout hardware rules. OSHA said they are protective hardware and must satisfy durability and secure-attachment…
Lockout requirements during packaging machine tool changes
An operator asked if a lockable emergency stop could substitute for repeated lockout during machine tool changes. OSHA said the work appeared covered by lockout rules unless a narrow minor-servicing…
Effective date of Reed Act software reimbursement clarification
ETA changed the effective date of UIPL 39-97, Change 1, from September 12, 1997 to July 1, 2002. That earlier change let states treat certain software costing $1 million or more as an ADP…
Temporary corrugated plastic covers over live electrical parts
An OSHA region asked if easily removable corrugated plastic covers could replace permanent covers on electrical panels during construction. OSHA said no for the described product: unqualified…
Proof tests for custom lifting frames and shipping frames
A contractor asked whether custom lifting and shipping frames for power generation modules require proof tests. OSHA said each custom lifting accessory used in construction must be marked and tested…
Fit testing and medical evaluation for filtering facepiece respirators
An insurer asked whether workers using filtering facepiece respirators need fit tests and repeated medical monitoring. OSHA said required tight-fitting facepieces need a fit test before use and at…
Disposal of blood tube holders with contaminated needles
An infection-control practitioner asked whether a blood tube holder could be reused after removing its used needle. OSHA said removing a contaminated needle is rarely required by a medical procedure…
NAFTA-TAA confidential data request form
ETA sent state administrators the approved Form 9043 for collecting confidential company information during NAFTA trade adjustment assistance investigations. The five-page form asks about layoffs,…
WIA award identifiers and financial reporting for pooled funds
ETA told grant recipients which federal assistance catalog numbers applied to WIA awards in specified years and how to report pooled adult, youth and dislocated worker funds. It suggested allocating…
Denied Claims Accuracy questions for UI benefit audits
ETA answered 33 state questions about investigating and coding denied unemployment claims in its Benefit Accuracy Measurement program. The answers address wage verification, sampling, denial…
Off-duty city police working for a development authority
A city asked whether police officers’ off-duty security work for a downtown development authority counted toward the city’s overtime obligation. WHD said the authority and city appeared separate and…
Independent broker commissions under mutual-fund exemption
A requester asked whether a plan’s exchange-traded purchase or sale of mutual-fund shares through an independent broker breached prohibited transaction exemption 77-4’s sales-commission condition.…
ESOP purchase of employer stock from trustee-held accounts
A bank trustee asked whether an employee stock ownership plan could buy its parent company’s shares from personal trusts and estates it also served. EBSA said the described shares were qualifying…
Child-support agency named to receive pension payments
Mississippi’s child-support agency asked whether a domestic relations order could direct a pension plan to pay support to the agency for the child. EBSA said the agency’s role as the child’s agent…
Nearby toilets for mobile construction crews
A worker asked what nearby means in the toilet rule’s exception for mobile construction crews. OSHA said the exception is for crews moving frequently among jobsites with transport readily available;…
Protective gear and section 3(o) in meat packing
A meat-packing employer asked WHD to reconsider earlier views on protective equipment under FLSA section 3(o). The 2002 letter said typical protective gear could count as clothes, while washing…
Career firefighters volunteering for independent rescue departments
A county asked whether career firefighters and paramedics could volunteer for local nonprofit fire and rescue companies without adding those hours to county paid work. WHD said the separate…
Tuberculosis testing policy for home healthcare workers
A healthcare accreditor asked if OSHA’s tuberculosis directive required two-step testing for home healthcare workers. OSHA said the directive guided General Duty Clause enforcement at listed…
Interim respirator protection factors for selected pharmaceutical use
OSHA instructed its field offices to treat nine specified respirators as having an assigned protection factor of 1,000 for pharmaceutical particulate exposure when properly equipped and used. The…
Comprehensive WIA youth services for Program Year 2002
ETA guided state and local workforce programs on youth services in Program Year 2002. It emphasized performance measures, recruiting and retaining out-of-school youth, involving community…
Participant loan repayments becoming ERISA plan assets
A requester asked when employee loan repayments withheld by an employer become ERISA plan assets. EBSA said the earliest date the amounts can reasonably be segregated from the employer’s general…
Training non-electrical inspectors at power facilities
A utility contractor asked what training non-electrical workers need to open restricted equipment for visual inspection. OSHA said those workers may be trained as qualified for their limited duties,…
Minor-servicing exception for machine shop tool changes
A one-person machine shop asked whether routine tool changes needed lockout. OSHA said such servicing generally falls under the rule unless the minor-servicing or cord-and-plug exceptions apply,…
Reauthorization of WOTC and welfare-to-work tax credits
ETA announced that Congress had extended the Work Opportunity and Welfare-to-Work tax credits retroactively for hires from January 2002 through December 2003. It described the new New York Liberty…
Ground-fault protection for 240-volt construction circuits
A builders group asked whether the construction ground-fault rule applies to 240-volt circuits. OSHA said yes for outlet circuits: employers must use a suitable GFCI or assured equipment grounding…
Advance notice of revised PY 2001 dislocated worker allotments
ETA gave states advance notice of Congress's enacted $177.5 million rescission of Program Year 2001 dislocated worker funds, including $110 million from state formula allotments. ETA proposed each…
Final PY 2002 Wagner-Peyser and reemployment allotments
ETA published each state's final 2002 Wagner-Peyser basic labor exchange allotment and revised reemployment services allotment. It explained the statutory formula, a three-percent set-aside, and why…
Calculating FMLA leave for part-time and variable schedules
WHD explained how to count FMLA leave for employees with part-time or variable schedules. The entitlement is measured in workweeks, and only leave actually taken counts against it; the employee’s…
Suggested administrative uses of the 2002 Reed Act distribution
ETA suggested ways states could use part of their 2002 Reed Act distribution for unemployment insurance and employment service administration. Examples included modernizing computer systems,…
FY 2002 unemployment insurance GPRA goals
ETA revised its FY 2002 unemployment insurance performance goals to measure national aggregate first-payment timeliness and new employer tax-status determinations. It set targets of 91% of…
Roofing product storage guidance with struck fall-protection passage
A roofing-product maker asked OSHA to evaluate several rooftop storage accessories. OSHA declined to approve specific products but said they appeared useful for meeting material storage and…
H-2A transportation reimbursement when workers change jobs
ETA explained which employer bore return transportation costs when an H-2A or U.S. worker moved to another job after completing a contract. It distinguished later H-2A work from jobs outside the…
Applications for WIA Section 503 incentive grants, PY 2000
ETA explained how eligible states could apply for incentive grants based on their 2000 performance in workforce, adult education and vocational education programs. Applications needed state…
Ladder wheel accessory and ladder use limits
A maker asked whether removable wheels may be attached to a ladder for transport. OSHA said the described accessory is not barred if it does not damage the ladder and is removed before ladder use.…
In-house training for industrial fire brigades
A manufacturer asked whether its fire brigade must attend a named academy or could receive on-site instruction. OSHA said in-house instruction can meet the rule if its quality is comparable to the…
Procedures for Title XII unemployment trust fund advances and repayments
ETA explained how governors or authorized delegates request federal Title XII advances when state unemployment trust fund reserves cannot cover benefits, and how states make voluntary repayments.…
H-2A worker abandonment and termination reporting
ETA directed H-2A employers to notify the listed state workforce agency office in writing within two business days of a worker's termination or of discovering abandonment. It told state agencies to…
Workforce services for trafficking victims
ETA instructed One-Stop staff to contact the Justice Department hotline when they encounter possible trafficking victims, assess eligibility for Workforce Investment Act services, and coordinate…
Requirements for the 2002 Reed Act distribution
ETA explained the federal requirements for the $8 billion Reed Act distribution made to state unemployment trust fund accounts in March 2002. Its questions and answers cover state allocations,…
Funding 2002 temporary extended unemployment program administration
ETA told state workforce agencies how it would fund administrative costs for the 2002 Temporary Extended Unemployment Compensation program. States would receive an advance for third-quarter claims…
Residential roofing fall-protection interim policy
A member of Congress asked how OSHA’s residential roofing fall-protection policy differed from other construction work. OSHA described a then-current interim directive allowing specified…
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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.