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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Engineer certification for trench protective-system tables
A construction company asked whether trench support and shield systems designed from a manufacturer's tabulated data needed another engineer's certification. OSHA said no: the tabulated data already…
Manufacturer's trench shoring data under federal rules
A trench equipment supplier asked whether its shoring table met federal excavation rules. OSHA said the table appeared to meet the federal requirements because a registered professional engineer…
Which construction fall-protection standard to cite
OSHA staff asked which rule to cite when construction employees worked more than 25 feet above ground without fall protection. OSHA said its policy remained to cite the standard addressing that…
New Mexico medical association health program as a MEWA
A requester asked whether a New Mexico health program offered to several unrelated employers was a multiple employer welfare arrangement. EBSA said it was, and ERISA did not preclude state…
Liquefied petroleum gas in underground construction
An OSHA regional office asked how the underground construction rule treats liquefied petroleum gas. OSHA said section 1926.800(m)(5)(ii) allows it underground only for welding, cutting, or other hot…
Employer stock rabbi trust and unfunded plan status
A company asked whether a rabbi trust investing mainly in employer stock would make its supplemental retirement plan funded for ERISA purposes. EBSA said establishing and operating the trust as…
Disinfectants for bloodborne pathogen cleanup
A hospital asked which disinfectants could be used to clean surfaces covered by the bloodborne pathogens rule. In this 1992 letter, OSHA said EPA-registered tuberculocidal products or bleach diluted…
Dental offices, bloodborne pathogens and chemical labels
A member of Congress relayed a dentist's questions about protective equipment and chemical labels. OSHA said employers must choose bloodborne pathogen protections based on actual tasks and exposure,…
Step extension for scaffold access and proposed ladder rules
A manufacturer asked OSHA to confirm compliance of a step extension used to access scaffold platforms. OSHA said it does not endorse products and that no existing rule specifically addressed this…
Construction safety rules and public hazards
A member of Congress asked about construction standards, including noise, overhead protection, and work near blind people. OSHA identified the relevant federal topics and said its regulations govern…
Gloves for allergy injections and skin testing
A lawyer asked whether clinicians needed gloves for allergy injections and skin tests. OSHA said gloves generally were unnecessary if hand contact with blood or other potentially infectious material…
Material safety data sheets for common workplace cleaners
A physician asked whether a medical office needed material safety data sheets for cleaners also sold to households. OSHA said the consumer-product exception applied when employee use resembled…
Identifying Tax Items on Employer Contribution Reports
ETA told state unemployment agencies to identify only payments into the state unemployment fund as contributions on employer contribution-report lines. Other payroll taxes and surcharges could be…
How OSHA investigates chemical accidents
A researcher asked how OSHA investigates chemical accidents. OSHA described the purpose of workplace fatality and multiple-injury investigations and the instructions then used for significant…
Rescinded Chicago regional instruction and Indiana state plan
Indiana's labor department asked whether Chicago Regional Instruction STD 3-9.1 remained effective and applied to its state plan. OSHA said the instruction had been rescinded in May 1989 and had…
HAZWOPER refresher and supervisor training
A training provider asked whether a hazardous waste worker becoming a supervisor needed both refresher and supervisor courses. OSHA generally expected eight hours of each in that year, while…
Emergency responders near the Waste Isolation Pilot Plant
OSHA considered safety issues for emergency responders along nuclear-waste routes to the Waste Isolation Pilot Plant in New Mexico. It said HAZWOPER emergency response provisions, or applicable…
Guarding ladderway floor openings
An employer asked what the former ladderway opening rule required for railings, toeboards, and an entrance barrier. OSHA said exposed sides needed both a standard railing and toeboard, and a…
Handling extracted teeth used in dental education
A dental educator asked how extracted teeth should be collected and handled for student training. OSHA treated natural teeth as specimens under the bloodborne pathogens rule unless properly…
Bloodborne pathogen coverage at residential care facilities
A residential care facility asked whether hepatitis B testing of residents waived its duty to offer vaccination to staff. OSHA said no; the employer must identify jobs with reasonably anticipated…
Crane-hoisted boatswain chairs in drilled foundations
A foundation drilling association questioned applying general construction rules to drilled shaft entry and crane-hoisted boatswain chairs. OSHA said those operations posed excavation,…
HAZWOPER training during hazardous-site post-closure work
A safety consultant asked what training workers needed for inspection and maintenance at a closed hazardous waste site. OSHA said closure alone did not eliminate possible exposure; employers must…
How HAZWOPER interacts with hazard communication rules
OSHA clarified how its hazardous waste and emergency response rule interacts with hazard communication and substance-specific health standards. It said hazard communication training covers existing…
Protective clothing for pediatric dental care
A dentist asked whether a regular long-sleeved shirt could replace a clinic jacket when treating children. OSHA said the choice depends on whether the garment prevents blood or other potentially…
Bloodborne pathogen protections for summer camp staff
A camping association asked which short-term camp workers fall under the bloodborne pathogens rule. OSHA said nurses and staff expected to give first aid with reasonably anticipated blood exposure…
Aluminum rail design for trench shoring
An equipment company asked how to use aluminum rails in a trench shoring design. OSHA said its example tables did not directly match the proposed vertical rail, so a registered professional engineer…
Compressed gas cylinders transported in underground tunnels
A tunnel contractor asked about transporting gas cylinders underground in a position the construction rule generally prohibited. OSHA said it would treat the described project method as a de minimis…
HAZWOPER training for hazardous-site observers
A consultant asked what training employees who observe and write reports at hazardous waste sites need. OSHA said the answer depends on their actual exposure risk and duties: covered general site…
Bloodborne pathogen coverage for telecommunications first-aid staff
A telecommunications company asked whether its employees trained in first aid were all covered by the bloodborne pathogens standard. OSHA said coverage turns on whether first aid or medical…
Scaffold platforms on rough-terrain forklift forks
OSHA staff asked which construction rules could be cited for work platforms supported by rough-terrain forklift forks. OSHA listed then-current scaffold and general-duty provisions that could apply…
Disinfectants for bloodborne pathogen cleanup
A lawyer asked OSHA to clarify disinfectants under its bloodborne pathogens enforcement guidance. OSHA said its then-current position called for a tuberculocidal disinfectant for blood or body-fluid…
Historical injury-log treatment of later care and work restrictions
A contractor asked ten questions about recording injuries on the former OSHA Log 200, including later medical care, prescribed work restrictions, disputed claims, teeth, and prosthetic devices. OSHA…
Historical retail exemptions from injury logs
A retailer asked why some retail industries were exempt from keeping routine OSHA injury logs. OSHA described the then-current industry selection method and said exempt employers still had to report…
Historical work-relatedness and establishment injury logs
Maine's labor department asked about uncertain work causation and where to keep injury logs across buildings and mobile work. OSHA explained its then-current work-relatedness presumption and…
Historical injury logging for temporary assignments and contractors
A utility asked which location should log injuries of employees on temporary assignments and outside contractors. Under the then-current recordkeeping system, OSHA said an employee injured at…
Unemployment Compensation for Federal Employees (UCFE)--Coverage Ruling for Employees and Members of Agricultural Promotion Boards and Marketing Agreement and Order Administrative Committees
ETA ruled that employees of agricultural promotion boards and marketing committees perform federal service for unemployment compensation for federal employees, while members of those boards and…
Average Weekly Benefit Amount (AWBA) for Major Disasters that Occur During the Third Quarter of Fiscal Year (FY) 1992 (April 1 through June 30, 1992)
ETA directed states to use the attached average weekly benefit amounts when calculating disaster unemployment assistance for major disasters in April through June 1992. It said states should round…
Eating and drinking near bloodborne pathogen work
A physician asked whether the bloodborne pathogens rule barred food and drink throughout an office. OSHA said eating and drinking were prohibited in areas where blood-related work or contamination…
Adding employee assistance benefits to an ERISA welfare plan
A painting industry welfare fund asked whether it could add an employee assistance program without changing its ERISA status. EBSA said an entity that already provides listed welfare benefits…
Hand and torso protection for retail meat cutters
A union asked whether OSHA's meat-cutting protective-equipment directive still applied to retail food operations. OSHA said the directive's substance remained in effect, with suitable hand and torso…
Menstrual products and bloodborne pathogen waste
A safety specialist asked whether discarded menstrual products were regulated waste under the bloodborne pathogens rule. OSHA said they generally were not because absorbent material ordinarily…
Janitorial workers and the bloodborne pathogens rule
A lawyer asked whether janitorial workers at non-health-care workplaces fell under the bloodborne pathogens rule. OSHA said those workers generally were not assumed to have occupational exposure,…
Employer training for rear-fly extension ladders
A requester raised concerns about instructions for a rear-fly extension ladder. OSHA said the ladder itself met the cited requirements, but an employer providing it to employees had to use a…
Interactive bloodborne pathogen training by telephone
A hospital asked whether bloodborne pathogen training could meet the interactive question-and-answer requirement without a trainer in the room. OSHA said a generic or computer program needed…
Replacement parts and crane capacity under former rules
A crane company asked when replacement parts required a manufacturer's approval. Under the rule it cited, OSHA said equivalent parts that did not affect capacity or safe operation could be used…
Private inspectors of construction cranes under former rules
A company asked how a private inspector could become recognized to perform annual construction-crane inspections. OSHA said that, although the then-current rule mentioned recognition, it had no…
Plywood sheeting in trench shoring systems
A plywood association asked how excavation shoring tables applied to plywood. OSHA said the cited appendix note allowed plywood to contain raveled soil and transfer its loads, but not to replace…
Extension cords during construction work
An electrical contractor asked whether extension cords connected to permanent wiring were temporary wiring during construction. OSHA said the work being performed determines whether construction…
Gloves when handling closed serum specimen containers
A laboratory asked whether staff needed gloves to handle unopened serum containers. OSHA said gloves were appropriate because contamination could be invisible, though the standard did not…
Competent and interactive bloodborne pathogen training
An attorney asked what qualifies someone to teach bloodborne pathogen training and whether video alone suffices. OSHA said employers must assess a trainer's competence and knowledge of the…
Handwashing facilities and antiseptic alternatives
A company asked whether a hand-disinfecting system met bloodborne pathogen handwashing rules. OSHA said readily accessible soap-and-water facilities and prompt handwashing after glove removal were…
Sky-Web interior fall protection system review
A construction company asked OSHA for further comment on its interior fall protection system. OSHA said it does not approve products because jobsite conditions and use matter. Based on the company's…
Washing machine types for contaminated protective clothing
A fire department asked whether laundering protective clothing required front-loading rather than top-loading washing machines. OSHA said the federal bloodborne pathogens rule made no distinction…
Emergency responder roles and training under HAZWOPER
OSHA reviewed an EPA fact sheet on emergency responder agreements and explained how HAZWOPER applies to community response. Employers planning to send workers into emergencies need a response plan…
Bloodborne pathogen coverage for telecom first-aid providers
A telecommunications company asked whether its first-aid-trained workers fell under the bloodborne pathogens rule. OSHA said designated employees expected to render first aid were covered, while…
Nail and tissue clippers as contaminated sharps
A podiatrist asked whether clippings and clippers were covered by bloodborne pathogen rules. OSHA said toenail clippings and skin shavings were covered if contaminated with blood or similar…
Bloodborne pathogen coverage for laundromat workers
A member of Congress asked whether a public laundromat and dry cleaner fell under the bloodborne pathogens rule. OSHA said workers in health-care or institutional laundry could have occupational…
Carrying objects while climbing construction ladders
A roofing contractor sought a variance to let employees carry materials on ladders. OSHA said the cited rule already allowed carrying an object if doing so did not cause loss of balance or control,…
HAZWOPER duties for hazardous-waste truck drivers
A hazardous-waste truck driver asked what training applied to his work. OSHA said HAZWOPER covered drivers assigned to respond to hazardous-substance emergencies or enter hazardous-waste sites; the…
Unit voting by jointly managed benefit plan trustees
Greyhound benefit trusts asked whether their union and employer trustees could vote as separate blocs. EBSA said sections 403(a) and 404(a)(1) of ERISA did not prohibit that decision method merely…
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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.