State and Federal Labor Guidance
Free state and federal labor-agency opinion letters, administrative policies, and interpretive notices, with plain-English summaries, current status, and the official source on every page.
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Bloodborne pathogens protections in nail salons
A local health official asked OSHA about infection controls in nail salons. OSHA said it lacked enough information to prescribe autoclaving, gloves or testing, but salon employers had to assess…
Leak resistance of sharps disposal containers
A manufacturer asked whether its sharps disposal container met the bloodborne pathogens rule. OSHA said its concern was whether liquid could escape through the container's joint or the joint could…
Employment relationship factors for nursing registries
A nursing registry asked whether nurses it placed were employees or independent contractors for purposes of OSHA's bloodborne pathogens standard. OSHA requested more facts before deciding the…
Temporary worker injuries on a host company's OSHA log Unknown
An employer asked who should record injuries to temporary agency workers on the former OSHA log. OSHA said the firm responsible for day to day direction should keep the records. Based on the…
Counting lost workdays after permanent job restrictions Unknown
An employer asked how to count lost workdays when a worker had permanent restrictions but could not yet return to an available job. Under its former recordkeeping guidelines, OSHA said making a…
Twenty four OSHA injury and illness recordkeeping questions Unknown
An employer asked 24 questions about injury and illness entries on the former OSHA 200 log. OSHA addressed cumulative trauma, restricted work, treatment, work relationship, temporary supervision,…
Recording work related joint dislocations Unknown
An employer asked whether a work related finger dislocation that a physician reset was recordable. OSHA said joint dislocations impaired normal use of a body part and were nonminor injuries under…
Prescription eye medication and former OSHA log entries Unknown
A plant physician asked whether preventive prescription eye ointment made a minor eye injury recordable. Under the former OSHA 200 log rules, OSHA said prescription medicine actually provided…
Termination and lost workday counts on former OSHA logs Unknown
An employer asked whether terminating a worker stopped the count of lost workdays after an injury or illness. Under its former recordkeeping guidelines, OSHA said an unrelated termination could stop…
Further EUC questions and corrections on overpayments and work tests Unknown
ETA corrected earlier answers in Changes 1 and 2 about overpayment recovery and emergency benefit calculations. It also answered further questions on work-search tests, claim eligibility, reporting,…
Hard hat citation policy for workers with personal objections
A senator's office asked about hard hat rules for workers whose beliefs conflicted with wearing them. OSHA said it would not cite employers of workers who objected on personal conviction grounds if…
Construction noise standard rather than general industry rule Unknown
A construction company asked which noise standard applied to its work after an OSHA publication listed the general industry rule. OSHA said that listing was an error and that 29 CFR 1926.52 covered…
Emergency response versus incidental hazardous substance releases
A safety consultant asked when cleanup of a hazardous substance release becomes an emergency response under HAZWOPER. OSHA said an actual emergency was covered even if workers in the immediate area…
Formaldehyde concentration threshold under process safety management
A process engineer asked what OSHA meant by formaldehyde in the process safety management rule's highly hazardous chemicals list. OSHA said the listing should read formaldehyde at 37 percent by…
Recording bloodborne pathogen exposures and protecting privacy Unknown
A county safety coordinator asked when hepatitis B or HIV exposure incidents were recordable and how to protect affected workers' privacy. Under its former log rules, OSHA said recordability…
Occupational hearing loss on former OSHA injury logs Unknown
An attorney asked about recording hearing changes under OSHA's former Form 200 log. OSHA described an interim enforcement policy and explained how employers choosing to record 10 or 25 decibel…
Custody and confidentiality of worker medical surveillance records Unknown
An OSHA medical officer addressed who keeps employee medical surveillance records and what a physician may report to an employer. The attached response said an employer had to establish records,…
Bloodborne pathogens duties of unincorporated owners and janitors
A business owner asked whether unincorporated owners and janitors were covered by the bloodborne pathogens standard. OSHA said every employer had to protect employees, though an unincorporated owner…
Fire extinguisher and emergency action plan citation policy Unknown
An OSHA regional office asked which standard inspectors should cite when an employer supplied fire extinguishers but its emergency action plan was missing or deficient. OSHA said inspectors should…
Lockable energy isolation devices and employer duties Unknown
An electrical manufacturers association asked who had duties under OSHA's lockout rule. OSHA said employers, rather than product designers, had to use lockable energy isolation devices where…
Warning tags on scaffolds during erection
A scaffold trainer asked whether OSHA required warning tags on every scaffold being erected. OSHA said there was no blanket requirement, though a tag could be appropriate for a hazardous or changing…
Caster locks on mobile scaffolds Unknown
A scaffold seller asked whether wheel only caster brakes met OSHA's scaffold requirements. OSHA said the general industry language then cited permitted a positive wheel or swivel lock and discussed…
Muriatic acid and process safety management listing
A chemical company asked if 32 percent muriatic acid was covered by OSHA's process safety management rule. OSHA said Appendix A listed hydrogen chloride and anhydrous hydrochloric acid, but did not…
Laboratory exclusion from process safety management
A chemistry association asked whether laboratory and research operations were covered by the process safety management rule. OSHA said a laboratory as defined by its laboratory standard was outside…
New Jersey automotive wholesalers health trust as a MEWA Unknown
A requester asked whether a New Jersey automotive wholesalers association health trust covering employees of multiple employers was a MEWA. EBSA said it was, so ERISA permitted state regulation…
UCX - State Law Provisions for Deductions of Federal Military Separation, Dismissal, or Severance Payments Unknown
ETA instructed state unemployment agencies to apply applicable state law when deciding whether military separation, dismissal, or severance payments reduce unemployment benefits for former service…
New Procedure -- Recertification of Credit Claimed by Federal Unemployment Taxpayers for State Contributions Paid Unknown
ETA informed state unemployment tax offices of a new IRS procedure for checking employer claims of state contribution credits against federal unemployment tax. It asked states to prioritize Form…
Expected-separation certification for JTPA Title III Rescinded
ETA told state job-training agencies that an Office of Personnel Management Certification of Expected Separation counted as the termination notice required for an otherwise eligible federal worker…
Fertilizer retail facility exclusion from process safety management Unknown
A fertilizer trade group asked whether storage and blending facilities selling directly to farmers were exempt from process safety management. OSHA said an otherwise covered establishment qualified…
Process safety management questions from steel producers Unknown
A steel industry group asked six questions about OSHA's process safety management coverage. OSHA addressed fuel used only at work, coke oven and blast furnace gas, rail tank cars, gas blanketed…
ANSI nonionizing radiation warning signs
A state attorney general's office asked whether an ANSI radio frequency radiation warning sign could satisfy OSHA's nonionizing radiation sign rule. OSHA said the ANSI C95.2-1982 sign described in…
Conditions for acceptable shop made extension cords
An OSHA regional office asked whether extension cords assembled in the field always needed approval as a complete unit. OSHA said qualified workers could assemble temporary cord sets from approved…
Process safety management at contractor operated munitions plants
A munitions maker asked whether federal oversight of explosives and pyrotechnics production displaced OSHA's process safety rule. OSHA said other agencies had not exercised worker protection…
Excavation soil tests and storm sewer confined spaces
A utility contractors group asked about classifying excavation soil and whether a storm sewer manhole was a confined space. OSHA said moderate thumb penetration effort could indicate type B soil,…
Hearing threshold shifts on former OSHA injury logs Unknown
A consultant worried that recording hearing changes could discourage employers from offering extra follow-up under their hearing conservation programs. OSHA said its enforcement policy then required…
Chain slings and custom lifting fixtures
A chain manufacturer asked whether employers could use other steel chain grades and in-house lifting fixtures for hoisting. OSHA said slings outside its listed alloy table had to follow manufacturer…
Bloodborne pathogens coverage in group homes
A group home asked whether caregivers serving adults with developmental disabilities were covered by the bloodborne pathogens standard. OSHA said the employer had to identify tasks with reasonably…
Hydraulic crane holding brakes and employer responsibility Unknown
A senator asked about hydraulic crane holding brakes, leased equipment and inspection duties. OSHA said the employer using a crane was responsible for its safe working condition even if the crane…
Compressed gas cylinders at hazardous waste sites
A hazardous waste contractor asked how compressed gas cylinder rules apply at waste sites and to breathing air cylinders. OSHA distinguished fixed facilities from other sites, discussed secure…
Bloodborne pathogens training for nursing personnel agencies
A nursing personnel agency asked how bloodborne pathogens duties were divided when its staff worked at hospitals. OSHA said the agency and client shared responsibility: the agency provided generic…
Bloodborne pathogens coverage of janitorial work
An attorney asked whether janitorial workers were covered by OSHA's bloodborne pathogens standard. OSHA said health care housekeepers who clean blood or handle infectious waste may have occupational…
Shared bloodborne pathogens duties for temporary nurses
A temporary nursing agency asked whether the bloodborne pathogens standard applied when its employees worked at client facilities. OSHA said both the agency and client had duties: the agency handled…
OSHA product certification and recognized testing laboratories Unknown
A machinery company asked whether a named testing laboratory was recognized and whether OSHA certified equipment. OSHA said the laboratory was on its recognized list for certain product categories,…
Discarded feminine hygiene products and regulated waste
An industrial hygienist asked whether discarded feminine hygiene products counted as regulated waste under the bloodborne pathogens standard. OSHA said absorbent products generally did not, because…
Construction exclusion from bloodborne pathogens standard Unknown
An electrical contractor asked whether construction workers were covered by OSHA's bloodborne pathogens standard. OSHA said it planned to clarify that construction work as defined in 29 CFR 1910.12…
Fire station poles, floor openings and safe access
A fire fighters association asked how OSHA treated fire poles and their floor openings. OSHA said a pole was not an approved route between floors, and the opening needed a railing or cover to…
Rubber mill safety trip controls and rebuilt equipment
A consulting engineer asked about OSHA's rubber and plastics mill standard. OSHA said advisory 'should' language from the source standard had been removed, rebuilt mills fell within installation…
Bloodborne pathogens work areas and specimen transport
A clinical laboratory asked what counts as a work area under the bloodborne pathogens standard. OSHA said a work area is where work may contaminate surfaces; transport routes between collection and…
When disposable gloves must be changed
A pathology practice asked whether OSHA required changing disposable gloves between patients. OSHA said its worker safety rule required gloves to be changed when contaminated, torn or punctured, but…
Bloodborne pathogen regulated waste and discarded sharps
A medical department asked when common clinical and restroom waste counted as regulated waste. OSHA said absorbent menstrual products, unsaturated bandages and speculums generally did not meet the…
Roof fall arrest anchors and OSHA product approval Unknown
A roofing product maker asked OSHA for a compliance letter for a fall arrest bracket and safety nail. OSHA said it does not approve products because jobsite conditions and use matter. Based on the…
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 Unknown
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 Unknown
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 Unknown
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 Unknown
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…
How this guidance is useful
- See how the agency reads the law: An opinion letter shows how a state labor agency actually applied wage-and-hour law to a real employer's or worker's situation.
- Check the status before relying: Every page shows whether the document is still active or has been superseded, rescinded, or withdrawn, and when that status was last verified.
- Guidance, not law: These documents explain the agency's position but bind no court, and the agency can change its view. The official document linked on every page is the authoritative source.
- Research across states: Compare how different states treat the same question, from overtime and travel time to tips and independent-contractor status.
Browse guidance by state
This library covers 8 states plus federal guidance so far. Every document is checked against the agency's official source before it is published, so states are added as their labor departments' guidance is verified, not all at once. If your state is not listed yet, its labor department's own site is the place to check.