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.
No documents match your search
Try different keywords or clear a filter.
OSHA does not certify material safety data sheets
A manufacturer asked OSHA to approve safety data sheets for three windshield washer products. OSHA said it does not review, approve, or certify such sheets; manufacturers and importers are…
Training for workers in hazardous waste site clean zones Unknown
A worker safety fund asked how to decide whether cleanup workers at a hazardous waste site needed HAZWOPER training. OSHA said employers must characterize site hazards and keep that assessment…
DLSE rejects bad-debt deductions and questions slow-pay commission forfeitures
An employer's counsel described a sales commission plan that forfeited one-third of a commission if a customer account went unpaid past sixty-one days, the full commission past ninety-one days, and…
International Health Care Benefits Trust as a MEWA Unknown
The request asked whether an independent farmers and self-employed association’s health trust was a MEWA. EBSA found that the trust served employees of independent employers and was a MEWA, allowing…
Ionizing radiation standards and radon in workplaces
A radon scientists' association asked whether OSHA's ionizing radiation rule applied across industries. OSHA said the general industry rule applied to workplaces except specified sectors and places…
An undifferentiated 'PTO' bank that mixes vacation, sick leave, and personal days is treated entirely as vacation pay, which cannot be forfeited
A staffing company asked DLSE to review a "Paid Time Off" (PTO) policy that lumped vacation, holidays, sick leave, and personal days into one accrual bank, capped at 26 days, with only 10 days…
Continuous fall protection while climbing utility poles
A consultant asked OSHA to clarify fall protection for workers climbing poles. OSHA said workers at an elevated position with a serious fall hazard must be protected at all times, including while…
Proposed seat belt rule and railroad signal workers
A railroad union asked whether OSHA's proposed vehicle occupant rule would affect its members. OSHA said the proposal excluded vehicles running exclusively on rails, which remained under Federal…
A restaurant's 'tropical' floral shirts and rugby shorts are not generally usable outside the job, so the employer must furnish them
A restaurant required its waiters and waitresses to wear commercially-available floral shirts and rugby-style shorts to create a "tropical" image, and offered to sell the items to employees at…
Overload limiters used as upper stops on chain hoists Unknown
A regional office asked whether a chain hoist's overload limiting clutch could also act as an upper travel stop. OSHA said the cited hoist standards required a top stop and prohibited using the…
Digital ohmmeter for testing blasting circuits
A regional office asked whether a specific digital ohmmeter could test blasting circuits. OSHA said its general industry rule allowed a purpose-designed digital ohmmeter and reported that the model…
Employment Division v. Smith and unemployment eligibility Unknown
ETA explained the Supreme Court's 1990 Smith decision to state unemployment agencies. It said the Free Exercise Clause permitted Oregon to deny benefits to workers dismissed for illegal peyote use…
Wire rope diameter for perimeter guardrails Unknown
An OSHA official discussed proposed wire rope guardrail requirements and the agency's then-current steel erection position. The memo said 1/4-inch toprails were proposed for general fall protection,…
When recapping needles with a one-hand scoop is acceptable Unknown
A regional office asked whether healthcare workers could recap needles with a one-hand scoop. OSHA said routine recapping was inappropriate and used needles should go into sharps containers. Where…
Central safety sheet inventory for hardware retailers
A hardware trade group proposed a central safety sheet inventory with phone, computer, fax, and mail delivery. OSHA said computer or fax delivery could work if workers had unimpeded access to a…
Kansas independent bankers benefit trust as a MEWA Unknown
Kansas regulators asked whether an independent bankers association benefit trust could claim ERISA protection from state insurance rules. EBSA found that the trust served workers of separate…
Chemical hygiene plan within existing workplace manuals
A pipeline company asked whether it could include its chemical hygiene plan in existing hazard communication and other manuals. OSHA said that was sufficient if all required information was covered,…
Respirators for coke oven emissions
A regional office asked whether a particular disposable dust and mist respirator could protect coke oven workers. OSHA said the cited rule allowed NIOSH-approved dust and mist respirators except…
Cold DOP aerosol testing of vacuum HEPA filters
OSHA answered whether vacuum HEPA filters could be certified using cold DOP aerosol. It said cold aerosol has a broader particle size distribution than the thermally generated test aerosol and was…
HAZWOPER training when hazardous waste exposure is unlikely
An attorney asked whether people entering a hazardous waste site without expected hazard exposure needed HAZWOPER training. OSHA said its training requirements did not apply to employees with no…
Kansas Dental Association benefit trust as a MEWA Unknown
The request asked whether the dental association’s benefit trust could avoid state insurance regulation under ERISA. EBSA found that it served workers of separate employers and was a MEWA, so state…
Georgia automobile dealers welfare plan as a MEWA Unknown
The request asked whether an automobile dealers association’s welfare plan was a MEWA subject to state insurance oversight. EBSA found it covered workers of separate employers and was a MEWA,…
Kansas Society of Architects benefit trust as a MEWA Unknown
Kansas regulators asked whether an architects association’s benefit trust could claim ERISA protection from state insurance oversight. EBSA found that the trust served employees of separate…
Workplace asbestos exposure and smoking restrictions
An asbestos consultant asked whether smoking had to be barred in buildings with low measured asbestos levels. OSHA said the smoking restriction applied when asbestos exposure came from workplace…
First aid supplies for retail stores Unknown
A retailer asked what first aid supplies its stores needed. OSHA said the cited standard did not require supplies if an infirmary, clinic, or hospital was nearby; otherwise a physician chosen by the…
Employer citations at construction multi-employer worksites
A safety society asked how a construction rule applied at multi-employer worksites. OSHA said that rule's Subpart B had no direct significance for enforcement under the OSH Act, but its field policy…
Negative pressure glovebags for asbestos removal Unknown
An industrial hygienist questioned negative pressure glovebags for asbestos removal. OSHA said the method could meet the intent of a negative pressure enclosure for limited work when other asbestos…
Alternative asbestos removal system and enclosure requirements Unknown
A supplier asked whether its asbestos pipe-insulation removal system could meet OSHA's enclosure requirements. OSHA said it did not certify equipment, but the described method could meet the rule's…
Transportation Department jurisdiction over pipeline odorant tanks Unknown
A supplier asked whether OSHA could regulate diking and placarding of odorant storage tanks at pipeline facilities. OSHA said Transportation Department regulation of those tanks precluded OSHA…
Safety sheet delivery by beauty supply distributors
A senator forwarded a beauty supply distributor's concerns about material safety data sheet delivery. OSHA said distributors generally had to send a sheet with the initial shipment and when it was…
Form 1099-G reporting of 1990 unemployment benefits
ETA instructed state unemployment agencies on Form 1099-G notices for benefits paid in calendar year 1990. It addressed substitute statements, the optional treatment of payments under $10, reporting…
Lead exposure controls at non-ferrous foundries Unknown
A state workers' compensation official asked about lead exposure control requirements for non-ferrous foundries. OSHA said employers could then use controls including respirators to meet the 50…
Asbestos bagging station as a regulated area
A contractor asked whether a trailer bagging station connected to asbestos work needed the same enclosure and decontamination setup as the removal area. OSHA said bagging was separate from removal…
Hazardous materials technician and incident commander training Unknown
A state emergency management office proposed combining an eight hour responder course with sixteen additional hours for technicians and incident commanders. OSHA said the standard required 24 hours…
Sharps disposal container review and OSHA endorsement Unknown
A medical waste container maker asked OSHA to assess its sharps disposal system. OSHA said it did not approve or endorse devices; the described system appeared to meet then-current requirements for…
Quality control and nonroutine tests under the laboratory standard
A manufacturer asked whether its laboratories performing standardized production quality control tests had to follow OSHA's laboratory standard. OSHA said those routine tests were outside the…
Formaldehyde medical screening and paid time
A garment workers' union asked whether low formaldehyde air readings excused medical screening and whether workers could lose pay for it. OSHA said the 0.1 ppm language was guidance, not an…
Georgia Health Care Association trust as a MEWA Unknown
The request asked whether the Georgia Health Care Association’s employee benefit trust could avoid state insurance regulation under ERISA. EBSA found it served workers of separate employers and was…
Consumer Association medical trust as a MEWA Unknown
The request asked whether the Consumer Association for Security and Health medical benefit trust was a MEWA. EBSA found it provided benefits for employees of separate employers, making it a MEWA…
Virginia automobile dealers benefit program as a MEWA Unknown
The request asked whether an automobile dealers association’s benefit program was a MEWA. EBSA found that it served employees of separate dealers and was a MEWA open to state insurance regulation,…
Independent Contractors Association welfare trust as a MEWA Unknown
The request asked whether an independent contractors association’s welfare trust was a MEWA. EBSA found that its benefits reached employees of separate employers and that the trust was a MEWA…
Limits of packaged hazard communication training
A requester asked OSHA to review a commercial hazard communication training package. OSHA said it did not approve training materials and that compliance depended on covering required topics,…
Gas pipeline excavations and overlapping DOT rules
OSHA told its regional offices that two excavation safety provisions could not be enforced against natural gas transmission and distribution employers where Transportation Department rules covered…
HAZWOPER coverage for underground storage tank work Unknown
A regional office asked when work on underground storage tanks fell under HAZWOPER. OSHA said cleanup, corrective action, or emergency response provisions could apply, and listed conditions such as…
State plan hepatitis B vaccination costs in 1990 Unknown
An OSHA office asked whether South Carolina's state plan could be required to make employers pay for hepatitis B vaccination and follow-up. OSHA said it could not require the state to enforce a…
When a spill triggers HAZWOPER emergency response
An employer asked when a hazardous substance spill becomes a HAZWOPER emergency. OSHA said the amount spilled alone was not decisive; the material, location, danger, and need for immediate action…
HAZWOPER training for workers in clean site areas Unknown
A worker safety fund asked whether construction workers in clean parts of a designated waste site needed HAZWOPER training. OSHA said workers outside contaminated areas who did not enter hazardous…
Field sanitation standard and reforestation hand labor
A regional office asked why OSHA applied its agricultural field sanitation rule to reforestation. OSHA said reforestation involving hand labor fit the standard's coverage, citing its similarity to…
Meaning of high acute toxicity in laboratory rules
A regional office asked what the laboratory standard meant by substances with a high degree of acute toxicity. OSHA said these were highly toxic or toxic substances under its hazard communication…
HAZWOPER emergency response at food and chemical plants
A food and chemical company asked whether HAZWOPER emergency response rules applied at its plants. OSHA said the emergency response section applied to potential emergencies involving ammonia…
Piece-rate ('brokerage') cleaning-service workers fall under Wage Order 5-89 and get no overtime exemption; regular rate of pay must still be calculated
An employer's counsel described a business that cleans and maintains supermarket grounds and facilities, paying its workers a per-unit "brokerage" rate, and argued the workers fell under Wage Order…
Recording cumulative trauma disorders in meatpacking Unknown
A union asked when meatpacking employers should record cumulative trauma disorders. OSHA said a second visit for subjective symptoms alone did not establish a recordable illness; additional medical…
Labels for fabricated hazardous chemical products
A fabricator asked whether it could attach its suppliers' labels to a finished product. OSHA said the fabricator had to assess the final product's hazards and make one label identifying itself and…
Anti-two-blocking devices for cranes lifting personnel Unknown
A construction company sought delay or relief from a crane anti-two-blocking rule. OSHA said an earlier compliance delay had expired and that lifting personnel by crane was generally barred unless…
Strobe light versus audible backup alarm on loaders
An asphalt company asked whether it could use a strobe light instead of an audible reverse alarm on a loader. OSHA said the light did not satisfy the construction standard. It discussed the rule's…
Disinfectants for blood cleanup and dental protective clothing Unknown
A regional office asked about disinfectants for blood cleanup and sleeve coverage for dentists. OSHA said an HIV-only product could be used where HIV was the only pathogen of concern; if hepatitis B…
HAZWOPER training for occasional repair workers at disposal sites
An equipment service company asked if mechanics visiting a disposal site for repairs needed HAZWOPER training. OSHA said workers exclusively in uncontaminated areas, outside hazardous areas, and…
Target organ warnings on in-plant chemical labels
A manufacturer asked whether coded workplace labels had to show target organ effects and whether chemicals used across shifts counted as immediate-use containers. OSHA said coded labels could be…
Government recognition of voluntary hazardous waste cleanup sites Unknown
A regional office asked when a voluntarily cleaned hazardous waste site was recognized by a government body for HAZWOPER coverage. OSHA said written acknowledgment, or willingness to acknowledge in…
Inspecting braided wire rope slings without removing seizing
A requester asked whether inspection of braided wire rope slings required removing the protective wire or plastic wrapping around a loop. OSHA said daily inspection needed more than a glance where…
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.