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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Audiometric retests and standard threshold shifts
A hearing-conservation consultant asked how employers should handle audiometric retests that show threshold shifts in both ears. OSHA said a 30-day retest was permitted but not required, and a valid…
Equipment purchase contracts and sponsor services Unknown
EBSA said a profit-sharing plan’s purchases of equipment contracts from an unrelated seller did not themselves trigger the specified prohibitions on the submitted facts. Sponsor-paid staff services…
Response to request for a new wood-dust PEL
The International Woodworkers of America supported a petition for a 1 mg/m3 permissible exposure limit for all wood dusts. OSHA said its scientific staff would review the relationship between…
Short-term disability payments as payroll practice Unknown
EBSA said Vulcan Lead’s short-term disability program was a payroll practice outside ERISA Title I because payments came from employer general assets, did not exceed normal pay and covered illness…
Standards applicable during structural steel erection Unknown
A steel contractor asked which fall-protection rules applied while structural steel was being erected. OSHA said connectors could initially work without tying off, but stationary connectors exposed…
Meaning of an effective hearing conservation program
A hearing-conservation association asked OSHA to define an effective hearing conservation program. OSHA said the term referred to a program that prevents workplace noise from producing a standard…
Credit union prepaid legal services and ERISA status Unknown
EBSA said the Express-News credit union prepaid legal program was not itself an ERISA welfare plan because it was not established by a qualifying employer or employee organization. An adopting…
Air Force Reserve separation reasons for UCX Unknown
ETA added Air Force Reserve and Air National Guard narrative separation reasons to UCX eligibility guidance. Current status is unconfirmed.
Referral of UI criminal cases to the OIG
ETA instructed state agencies when to refer suspected crimes in unemployment programs to the Department of Labor inspector general. ETA still lists the letter as continuing.
Federal-agency procurement of personal protective equipment
A federal-employee union asked how OSHA’s Basic Program Elements applied to federal agencies’ purchase of safety equipment. OSHA said the Occupational Safety and Health Act and 29 CFR 1960.8…
UFT prescription drug plan as governmental Unknown
EBSA said the UFT Welfare Fund prescription drug plan was a governmental plan outside ERISA Title I because only New York City’s education board funded it for its employees. Its discussion of ERISA…
Employer-security holding limit after pension merger Unknown
EBSA said two Oxford Industries retirement plans could be treated as one continuing plan for the specified employer-security holding rule. The merged plan could use the historical 10 percent test if…
Full-time employer-association employee as plan trustee Unknown
EBSA said a trustee receiving full-time pay from an employer association sponsoring pension and welfare plans could not also receive trustee compensation from the plans under the cited ERISA…
Laser-scanner exposure and applicable standards
A senator forwarded concerns about radiation from supermarket laser scanners. OSHA said neither it nor Michigan’s state plan had a specific standard for that equipment, while 29 CFR 1910.97…
Blind IRA and Keogh trades of custodian stock Unknown
EBSA said participant-directed blind market trades of a custodian bank’s stock for self-directed IRAs and Keogh plans did not trigger the specified sale, benefit or self-dealing prohibitions on the…
Buddy-breathing devices for fire brigades Unknown
A state labor official asked whether fire-brigade members could use buddy-breathing or quick-disconnect accessories with self-contained breathing apparatus. OSHA said the more specific fire-brigade…
Substantial noncombustible material in spray booths
A Nevada safety engineer asked what materials were substantial enough to satisfy two spray-booth construction requirements. OSHA said the provisions had to be read together: metals or concrete were…
Manually propelled elevating work platforms Unknown
A manufacturer asked which OSHA standard applied to a manually propelled elevating work platform. OSHA said the described platform fell within ANSI A92.3-1980 rather than the older standard…
OSHA standards for construction blasting and explosives Unknown
A member of Congress asked OSHA about construction-blasting rules on behalf of a contractor seeking a public hearing. OSHA said it was enforcing 29 CFR 1926.905(h) and (k) as written and had…
Employer role and IRA disqualified-person status Unknown
EBSA said an advertising company with no role in establishing or maintaining an officer’s IRA was not a disqualified person solely as an employer under the cited Code provision. It warned that the…
California First Bank in-house plan brokerage Unknown
EBSA said use of California First Bank’s in-house brokerage for directed plan accounts did not itself violate the cited self-dealing rule where independent managers authorized each use or could end…
San Diego Trust in-house plan brokerage Unknown
EBSA said use of San Diego Trust’s in-house brokerage for directed plan accounts did not itself violate the cited self-dealing rule where independent managers authorized each use or could end…
Crane conditions for avoiding a load-indicating device Unknown
A crane owner requested a permanent variance from maritime load-indicating-device rules. OSHA said the crane could comply if its boom was physically blocked to meet the stated 11,200-pound condition…
Facial hair and tight-fitting respirators
An employee asked OSHA about facial hair and respirator use. OSHA said beard growth can prevent a reliable seal on tight-fitting respirators, regardless of the material, and that the respirator rule…
Respiratory protection for silica abrasive blasting
A state industrial hygienist asked whether a dust-filter respirator could be used for short silica-blasting operations. OSHA said abrasive-blasting respirators were required when the nozzle and…
Medical screening for former beta-naphthylamine workers
A member of Congress asked whether OSHA required medical screening for former employees who had been exposed to beta-naphthylamine. OSHA said 29 CFR 1910.1009 did not require medical surveillance or…
Holy Cross Hospital retirement plan as church plan Unknown
EBSA said Holy Cross Hospital’s employee retirement plan was a church plan excluded from ERISA Title I on the submitted facts about the Catholic congregation, hospital and plan. The opinion concerns…
Raleigh city medical trust as governmental plan Unknown
EBSA said Raleigh’s employee medical plan and trust were a governmental plan excluded from ERISA Title I so long as coverage and funding remained limited to city workers, retirees, dependents and…
Crane wind conditions and exit-sign placement Unknown
A Nevada safety engineer asked about crane use in high winds and exit signs. OSHA said no construction standard then addressed crane wind conditions, but marine-terminal rules and a wind table could…
Minnesota conformity decision on experience rating
ETA reported the Under Secretary’s Minnesota conformity decision on experience rating and employer contribution rate limits. ETA still lists the letter as continuing.
Ventilation requirements for auto and printing industries Unknown
A member of Congress asked OSHA for ventilation standards relevant to the auto and printing industries. OSHA listed rules for abrasive blasting, grinding, spray finishing, chemical operations, dip…
Dust explosions in powdered milk production
A foreign safety agency asked OSHA about dust explosions in powdered-milk production. OSHA said it had no standard specific to that industry, but general housekeeping and electrical-safety…
Pension audit despite certified insurer assets Unknown
A requester asked whether certified asset information from an insurer and actuarial information removed the need for an independent audit of a pension plan. EBSA said the plan as a whole still…
First Maryland health plan covered by ERISA Unknown
First Maryland asked whether its employee health and welfare program was an ERISA plan. EBSA said it was an employee welfare benefit plan covered by ERISA Title I, regardless of whether benefits…
Incident reporting by State JTPA agencies Rescinded
ETA told State JTPA agencies how to report known or suspected fraud, program abuse, or criminal conduct in ETA-funded programs. They were to send the original incident form and one copy to the ETA…
Forklift capacity changes and manufacturer approval Unknown
A member of Congress asked about added counterweights used to increase a forklift’s rated capacity. OSHA said changes affecting capacity or safe operation required the manufacturer’s prior written…
Tidewater transit pension as governmental plan Unknown
EBSA said the Tidewater transit pension plan was a governmental plan excluded from ERISA Title I based on the represented role of a government instrumentality in funding and administering the plan.…
Landmark employee welfare plan covered by ERISA Unknown
EBSA said Landmark’s employee life, disability and health plan was an employee welfare benefit plan covered by ERISA Title I. The mix of employer funding, trust funding and insurance did not change…
Meridian employee benefit plan covered by ERISA Unknown
EBSA said Meridian’s medical, dental and life-benefit program for employees of the company and its affiliates was an employee welfare benefit plan covered by ERISA Title I. The arrangement’s trust…
Hangers for two-point suspension scaffolds Unknown
A contractor asked OSHA how the construction scaffold standard applied to two-point suspension scaffold hangers. OSHA said qualified people should design, fabricate and inspect the hangers, and…
Material safety data sheet format under HazCom Unknown
A chemical company asked OSHA to approve its planned material safety data sheet format. OSHA said it did not prescribe or preapprove a fixed format and instead listed 12 categories of information…
Cultural Institutions pension and New York insurance law Unknown
EBSA said the Cultural Institutions Pension Plan appeared to be one ERISA-covered pension plan of private nonprofit employers, rather than a governmental plan, on the submitted facts. It concluded…
Facial hair and respirator options
A senator asked OSHA about a constituent’s concern over facial hair and respirator use. OSHA said beards can prevent an effective facepiece seal even on positive-pressure respirators, while…
Missouri teachers health program outside ERISA plan status Unknown
EBSA said the proposed Missouri State Teachers Association health program itself was not an ERISA welfare plan: no bona fide employer group or qualifying employee organization established it for all…
California IWC Orders apply to a business on federal National Forest land
A resort marina's regional accounting manager asked DLSE whether the business must comply with the California Industrial Welfare Commission Orders given its location on federal National Forest land.…
Top-heavy vesting provisions in pension plan summaries Unknown
EBSA said a pension plan’s summary plan description must explain adopted vesting terms that would apply if the plan became top-heavy, even while that condition was contingent. The summary of…
Evaluating lung X-rays and pulmonary function tests
A union safety director urged OSHA to issue field guidance on specialist readings of lung X-rays and disclosure of early pulmonary changes to workers. OSHA said certified B-readers were valuable but…
Employee real-estate interests and ERISA pension status Unknown
EBSA said a proposed VMS employee real-estate partnership incentive was neither an ERISA welfare plan nor, on the stated current-income terms, a pension plan by its express terms. It warned that…
Negative-pressure respirators for isocyanate paint spray Unknown
A paint manufacturer asked whether negative-pressure air-purifying respirators could protect workers spraying isocyanate paints. OSHA said those respirators were not acceptable because isocyanates…
1984 deficit reduction act clarification
ETA clarified 1984 federal amendments to state income and eligibility verification procedures and quarterly wage reporting. ETA still lists the letter as continuing.
Wisconsin education insurance trust ruling revoked Unknown
EBSA revoked Advisory Opinion 1983-36A after learning that the WEA Insurance Trust also covered school workers whom the sponsoring unions did not represent. Those unions were not employee…
Iowa insurance authority over WEA health trust Unknown
A requester asked whether ERISA barred Iowa from regulating health coverage offered to Sioux City school workers through the WEA Insurance Trust. EBSA said the trust itself was not an ERISA welfare…
OSHA and NRC interface activities Unknown
OSHA instructed regional administrators how to coordinate occupational-safety matters with the Nuclear Regulatory Commission. The memo said OSHA handled nonradiological workplace safety at…
Jib-crane lifting of personnel Unknown
A canal operator asked whether an OSHA instruction applied to lifting personnel with a jib crane during planned lock maintenance. OSHA said the cited instruction covered other crane types, but the…
Sisters of Mercy retirement plans as church plans Unknown
EBSA said the listed Sisters of Mercy retirement arrangements constituted one or more church plans excluded from ERISA Title I on the submitted facts. It considered the St. Charles Hospital plan’s…
Training requirements for fire-brigade instructors
A union representative asked what qualifications fire-brigade instructors needed under 29 CFR 1910.156. OSHA said its requirements were performance-oriented and did not use the NFPA’s four…
Review of QNX's EverX exit sign Unknown
QNX asked OSHA to review its EverX illuminated exit sign and determine whether it met OSHA standards. OSHA said equipment meeting an applicable OSHA standard was in compliance; equipment meeting a…
JTPA training and UI eligibility clarification Unknown
ETA clarified how JTPA training offers interact with federal unemployment law governing approved training and refusal of work. Current status is unconfirmed.
Use of an electronic back-up mirror with a reverse audible alarm
A member of Congress asked whether an electronic back-up mirror could be used on earthmoving or compacting equipment with an obstructed rear view. OSHA said the mirror alone did not provide the…
Review of Medic First Aid Program Unknown
Emergency Medical Planning asked OSHA to review the audiovisual portion of its Medic First Aid program for equivalency to nationally recognized programs supporting OSHA standards. OSHA said it could…
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.
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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.