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.

8,653 documents and counting · 8 states + federal · Updated October 28, 2026
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US

Prudent diversification of inherited pension assets Unknown

Incoming pension investment managers asked whether they had to sell loans and properties solely to diversify a portfolio they inherited. The Department said an economically prudent policy of…

Opinion 77-62/63 A Opinion Letter September 2, 1977
US

Investment managers' duty to remedy later co-fiduciary breaches Unknown

Incoming pension investment managers asked how to address a breach by another fiduciary that occurred after they became fiduciaries. The Department said the described reporting and remedial steps…

Opinion 77-60/61 A Opinion Letter September 2, 1977
US

Replacement torch tips under welding standards Unknown

A torch-parts maker asked if OSHA approved replacement welding tips. OSHA said it did not certify products in general, but interpreted the welding rule to include replacement tips made to the same…

1977-09-02 Opinion Letter September 2, 1977
US

Electrical work clearance on overhead cranes Unknown

An attorney asked if overhead cranes needed 30 inches of clearance near live electrical parts. OSHA said that minimum did not apply there; an 18-inch footwalk and protection of live parts by…

1977-08-30 Opinion Letter August 30, 1977
US

Medical association benefit program outside ERISA Unknown

Iowa’s insurance department asked whether a medical benefit association was an ERISA welfare plan. The Department said the association was not an employee organization because its members lacked a…

Opinion 77-59 A Opinion Letter August 26, 1977
US

GFCI protection for portable-generator receptacles

A contractor asked whether portable or vehicle-mounted generator receptacles needed ground-fault protection. OSHA said the GFCI option covered qualifying 120-volt, 15- and 20-ampere receptacles in…

1977-08-24 Opinion Letter August 24, 1977
US

Pattern bargaining and Champion pension plan Unknown

Champion Spark Plug asked whether later bargaining for a supplemental retirement benefit related back to a pre-1974 agreement under an ERISA transition rule. The Department said it did on the stated…

Opinion 77-58 A Opinion Letter August 22, 1977
US

When hard hats are required

A worker asked when OSHA required hard hats. OSHA said employers must assess the actual risk of head injury and provide and require protection where that risk exists. Its rules did not require every…

1977-08-22 Opinion Letter August 22, 1977
US

Affirmative action settlement fund outside ERISA Unknown

A canning-industry settlement fund asked whether ERISA covered its discrimination remedies and training. The Department said the training was incidental to the fund’s civil-rights purpose, so it was…

Opinion 77-89 Opinion Letter August 18, 1977
US

Exhausting heater gases in enclosed construction

A contractor asked about covering and venting a coke-gas heater in an enclosed construction area. OSHA said the cover had to route gases outdoors while keeping exposure within limits and following…

1977-08-17 Opinion Letter August 17, 1977
US

Horsemen association pension plan covered by ERISA Unknown

A horsemen association asked whether a pension plan it maintained was covered by ERISA. The Department said the association acted indirectly for employers in relation to the plan and that Title I…

Opinion 77-56 A Opinion Letter August 16, 1977
US

Sankey toe guards and when foot protection is needed Unknown

A union representative asked about mandatory toe guards at a steel plant. OSHA said Sankey toe caps could provide adequate impact protection, but the employer had to assess where foot hazards…

1977-08-15 Opinion Letter August 15, 1977
US

Transfer of benefit fund surplus to local union Unknown

Fund trustees asked whether they could send accumulated surplus to a local union after ERISA took effect. The Department said the transfer would be a prohibited transaction regardless of when the…

Opinion 77-55 Opinion Letter August 11, 1977
US

Association disability and accident plans covered by ERISA Unknown

An association asked whether its disability and accidental death plans qualified for ERISA’s voluntary insurance safe harbor. The Department said they did not because the association billed…

Opinion 77-54 Opinion Letter August 8, 1977
US

Pattern bargaining and Rockford Clutch pension plan Unknown

Rockford Clutch asked whether later bargaining for pension benefits related back to a pre-1974 pattern for an ERISA transition rule. The Department said it did on the represented facts, but did not…

Opinion 77-53 A Opinion Letter August 8, 1977
US

Pattern bargaining and Kelsey-Hayes pension supplements Unknown

Fruehauf Corporation sought an ERISA section 211(c) opinion on Kelsey-Hayes pension supplements negotiated after January 1, 1974. On the represented facts, DOL found the supplement qualified as a…

Opinion 77-52 A Opinion Letter August 8, 1977
US

Borg & Beck pension pattern bargaining Unknown

Borg & Beck asked whether its March 1974 pension bargaining could be treated as relating back to the pre-1974 GM-UAW pattern under ERISA section 211(c). DOL accepted that relation on the represented…

Opinion 77-51 A Opinion Letter August 8, 1977
US

Warner Gear pension pattern bargaining Unknown

Warner Gear asked whether its April 1974 pension bargaining related back to a pre-1974 GM-UAW pattern for ERISA section 211(c). DOL accepted that relation on the represented facts, but found too…

Opinion 77-50 A Opinion Letter August 8, 1977
US

Shell-to-shell spacing of aboveground tanks Unknown

A chemical plant sought a variance from tank spacing requirements. OSHA said the described spacing appeared to pose no employee safety or health effect, so it would treat the deviation as de minimis…

1977-07-25 Opinion Letter July 25, 1977
US

Guardrails and handholds on crane platforms Unknown

An OSHA area office asked whether a crane platform rule set a platform height. The regional technical office said it did not; outside platforms needed standard guardrails, or handholds at convenient…

1977-07-07 Opinion Letter July 7, 1977
US

Teledyne stock tender and the ERISA transition exemption Unknown

DOL found that a Teledyne plan trust could sell its full block of employer stock in a 1976 tender under ERISA section 414(c)(5), including shares received as a nontaxable stock dividend, if the…

Opinion 77-48 Opinion Letter June 30, 1977
US

Adjustable guard on a radial saw Unknown

A finishing company requested a variance for an adapted radial-saw guard. OSHA said the design appeared to meet the existing rule if properly installed, adjusted, and maintained, so it would take no…

1977-06-30 Opinion Letter June 30, 1977
US

Exit discharge into a yard with street access

A plant asked whether exits could discharge into a wide yard with free access to a public street. OSHA pointed to the rule requiring an exit discharge to lead outside or to a suitable route or open…

1977-06-29 Opinion Letter June 29, 1977
US

Safety sleeves for rotating shaft ends

A manufacturer asked what counted as a safety sleeve for a projecting rotating shaft. OSHA defined it as a durable smooth cover that prevents contact with the shaft and projections. The described…

1977-06-24 Opinion Letter June 24, 1977
US

Steel-angle cleats on fixed ladders Unknown

An engineer asked whether steel angles could serve as cleats on a fixed ladder. OSHA said they did not meet the rule's rectangular cross-section definition and might also allow a worker's hand to…

1977-06-23 Opinion Letter June 23, 1977
US

Protective equipment required by workplace hazards Unknown

A requester asked about required personal protective equipment. OSHA said its rules required equipment where it could prevent a reasonably probable injury, while equipment beyond those requirements…

1977-06-15-0 Opinion Letter June 15, 1977
US

Fall protection on cotton-gin walkways Unknown

A cotton-ginners' association asked whether high walkways needed fixed railings. OSHA said the general walking-surface rules did not apply to agricultural cotton gins and, where no specific rule…

1977-06-15 Opinion Letter June 15, 1977
US

Wet hard-hat liners and electrical protection

A safety-equipment company asked about a helmet liner. OSHA relayed federal testing that a wet liner worn over the helmet edge removed the electrical insulation of Class A and B helmets. It said the…

1977-06-14-0 Opinion Letter June 14, 1977
US

Union pension fund loan to an apprenticeship fund Unknown

DOL said a proposed union pension fund loan to a separate apprenticeship fund did not appear to involve a party in interest under ERISA section 406(a). Section 406(b)(2) could still bar the loan if…

P/OPINION 77-47 Opinion Letter June 13, 1977
US

Backhoe swing-radius barricades Unknown

A contractors' association asked whether crane swing-radius barricade requirements applied to backhoes. A regional OSHA office said the same hazard existed where an excavating machine could also be…

1977-06-13 Opinion Letter June 13, 1977
US

Plan trustee serving on its custodial bank board Unknown

DOL said a plan trustee was not automatically barred from also serving as a director of the bank that provided the plans custodial services. Specific dealings could still violate ERISA section…

Opinion 77-45 Opinion Letter June 7, 1977
US

Insurance funded Keogh plans covering common law employees Unknown

DOL concluded that an employer's adoption of this insured Keogh prototype would produce a plan covered by ERISA Title I if it included common law employees. Insurance contracts guaranteed benefits…

P/OPINION 77-10 Opinion Letter June 2, 1977
US

Outdoor weather apparel and protective equipment Unknown

A requester asked whether employers had to provide outdoor or bad-weather clothing. A regional OSHA office said no rule specifically named that apparel, but protective clothing had to be used when…

1977-06-02 Opinion Letter June 2, 1977
US

Employer health premiums paid with secured promissory note Unknown

An insurer asked whether employers could pay part of a group health premium with a demand note secured by a bank letter of credit. The Department said this was not a prohibited transaction when…

Advisory Opinion 1977-92 Opinion Letter May 26, 1977
US

Investment adviser serving a plan and related clients Unknown

DOL and IRS said that, if the proposed ownership, board and payment changes were made, an investment adviser would not cause a prohibited transaction merely by serving other clients related to the…

Opinion 77-44 Opinion Letter May 23, 1977
US

IUE and Chrysler pension bargaining changes Unknown

DOL concluded that the IUE and Chrysler’s 1976 changes to age-65, survivor and retiree lump-sum benefits did not terminate their 1973 retirement agreement for the ERISA transition provisions. It…

Opinion 77-43 A Opinion Letter May 13, 1977
US

IUE and General Motors pension bargaining changes Unknown

DOL concluded that the IUE and General Motors’ 1976 changes to age-65, survivor and retiree lump-sum benefits did not terminate their 1973 retirement agreement for the ERISA transition provisions.…

Opinion 77-42 A Opinion Letter May 13, 1977
US

UPGWA and Chrysler pension bargaining changes Unknown

DOL concluded that the UPGWA and Chrysler’s 1976 changes to age-65, survivor and retiree lump-sum benefits did not terminate their 1973 retirement agreement for the ERISA transition provisions. It…

Opinion 77-41 A Opinion Letter May 13, 1977
US

Protective footwear for freight handlers Unknown

Freight handlers challenged a decision on their employer's footwear citation. OSHA said their foot and ankle injury record showed exposure requiring suitable protection under its PPE rule, and that…

1977-05-13 Opinion Letter May 13, 1977
US

UAW and Chrysler pension bargaining changes Unknown

DOL concluded that the UAW and Chrysler’s 1976 changes to age-65, survivor, limited-group service-credit and retiree lump-sum benefits did not terminate their 1973 retirement agreement for the ERISA…

Opinion 77-40 A Opinion Letter May 12, 1977
US

UAW and General Motors pension bargaining changes Unknown

DOL concluded that the UAW and General Motors’ 1976 changes to age-65, survivor and retiree lump-sum benefits did not terminate their 1973 retirement agreement for the ERISA transition provisions.…

Opinion 77-39 A Opinion Letter May 12, 1977
US

Foundry pension changes and the 1973 agreement Unknown

DOL concluded that narrow 1976 changes to age-65, survivor, foundry-service and retiree lump-sum benefits did not terminate the represented 1973 retirement agreement for ERISA transition provisions.…

P/OPINION 77-38 Opinion Letter May 11, 1977
US

Insulated spreader bars during battery charging Unknown

A battery service company asked about materials for equipment used to lift storage batteries. An OSHA regional office said the rule required suitable handling equipment and addressed nonsparking…

1977-05-05 Opinion Letter May 5, 1977
US

Proof testing special alloy-chain lifting devices

A manufacturer asked how to proof test a custom alloy-chain lifting device. OSHA said the general-industry sling provision did not address special devices whose strength depended on other…

1977-05-03 Opinion Letter May 3, 1977
US

Tree trimming near energized power lines Unknown

An OSHA region asked when tree trimmers using insulated aerial lifts could work within ten feet of power lines. OSHA said line-clearance work generally could, while other tree trimming generally…

1977-04-27-0 Opinion Letter April 27, 1977
US

Footwear rules and OSHA jurisdiction at a freight terminal Unknown

A congressman relayed freight handlers' questions about required safety shoes. OSHA said warehouse foot injury exposure justified protective footwear, and the federal motor-carrier agency did not…

1977-04-27 Opinion Letter April 27, 1977
US

Tucson Gas apprenticeship program as ERISA welfare plan Unknown

A utility asked whether its union apprenticeship program was an ERISA welfare plan or excluded payroll practice. The Department said it was a welfare plan because the program paid for training costs…

Opinion 77-90 A Opinion Letter April 25, 1977
US

Employee stock purchase plan outside ERISA Unknown

A utility’s employee stock purchase plan let participants buy discounted company shares and sell them at any time. DOL concluded that it provided neither welfare benefits nor retirement income or…

Opinion 77-37 A Opinion Letter April 25, 1977
US

Dentist’s benefit plan and interstate commerce Unknown

DOL said a dentist’s employee benefit plan was within ERISA’s interstate-commerce coverage where the practice used equipment, drugs and other materials moving in commerce. Operating in one state and…

P/OPINION 77-36 Opinion Letter April 22, 1977
US

Book value employer shares in a profit sharing plan Unknown

DOL found that proposed book value employer shares were qualifying employer securities and the profit sharing plan was an eligible individual account plan. Purchases and sales could use the ERISA…

P/OPINION 77-35 Opinion Letter April 22, 1977
US

Testing-laboratory approval for assembled GFCIs Unknown

A tool-repair company asked whether it could assemble ground-fault interrupters from approved components. A regional OSHA office said the completed device still needed evaluation by an acceptable…

1977-04-22 Opinion Letter April 22, 1977
US

Permanent billboard platforms versus scaffolds Unknown

A billboard association asked how OSHA classified walking decks attached to billboards. OSHA said a permanent platform fixed to a structure should not be called a temporary scaffold, while the…

1977-04-19 Opinion Letter April 19, 1977
US

Three-foot clearance around spray booths

A safety consultant asked where OSHA’s three-foot clearance for spray booths applied. OSHA said the requirement to keep the area free from storage and combustible construction referred to the…

1977-04-18 Opinion Letter April 18, 1977
US

Climbing structural members of towers and tanks Unknown

A tank company asked for clarification on how workers could climb towers and tanks. A regional OSHA office said climbing structural members was a recognized fall hazard and that noncompliant ladders…

1977-04-15 Opinion Letter April 15, 1977
US

Rollover protection for newer construction machines

An OSHA construction-standards office clarified which rollover-protection criteria applied to newer machines. It said criteria meant for pre-September 1972 machines should not be used for current…

1977-04-07 Guidance April 7, 1977
US

Oregon experience-rating conformity decision

ETA explained why Oregon’s special noncharging treatment for food processors failed the FUTA experience-rating requirement that employers be charged by the same rule over the same period. The letter…

UIPL No. 24-77 Guidance April 5, 1977
US

Recoupment and information requests across union trust funds Unknown

DOL said a fund might prudently offset future benefits to recover its own mistaken payment after reasonable collection efforts, but could not deny more benefits than the debt. If necessary…

P/OPINION 77-34 Opinion Letter April 4, 1977
US

Overpayment recovery among three union benefit funds Unknown

DOL said a fund might prudently offset future benefits to recover its own mistaken payment after reasonable collection efforts, but could not deny more benefits than the debt. A fund could delay…

P/OPINION 77-33 Opinion Letter April 4, 1977
US

Recoupment of pension benefit overpayments Unknown

DOL said plan fiduciaries should prudently try to recover mistaken benefit payments, but the method depends on the facts. Recovery from the administrator could remove the need to seek repayment from…

P/OPINION 77-08 Opinion Letter April 4, 1977
US

Overpayment recovery among related union benefit funds Unknown

DOL said a fund might prudently offset future benefits to recover its own mistaken payment after reasonable collection efforts, but could not deny more benefits than the debt. A fund was required to…

Opinion 77-32 A Opinion Letter April 4, 1977

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