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

Floor-load signs in offices and storage areas Unknown

A construction company asked where floor-loading signs were needed in a building. An OSHA regional office said the first-floor slab, offices, lunch rooms, showers, toilets, and locker rooms did not…

1976-11-30 Opinion Letter November 30, 1976
US

Supplemental retiree payments outside ERISA plans Unknown

An employer sought guidance on supplemental payments to pensioners from its general assets. DOL said payments meeting seven stated conditions, including no advance promise, no legal obligation,…

P/OPINION 76-119 Opinion Letter November 19, 1976
US

Management profit sharing plan with broad eligibility Unknown

DOL was asked to reconsider coverage of a management profit sharing plan adopted by fourteen affiliated corporations. It found the plan covered by ERISA and outside the unfunded select-management…

P/Opinion-76-100 Opinion Letter November 15, 1976
US

Profit sharing plan coverage and top-hat exception Unknown

DOL was asked to reconsider coverage of a profit sharing plan adopted by fourteen corporations. It found the plan was an ERISA pension plan and did not qualify for the exception for unfunded…

P/OPINION 76-118 Opinion Letter November 15, 1976
US

Steel-erection floor planking dimensions Superseded

A bridge company asked what planking the steel-erection flooring rule required. A regional OSHA office said it called for full-size two-inch undressed planking or equivalent and left grade selection…

1976-11-12-1 Opinion Letter November 12, 1976
US

Forklift travel direction on grades and trailers Unknown

An OSHA region asked how forklift travel rules applied while loading or unloading trailers. OSHA said loaded trucks on grades over ten percent had to keep the load upgrade, while the following…

1976-11-12-0 Opinion Letter November 12, 1976
US

Oil-quenching tanks under dip-tank rules

An OSHA office asked whether its dip-tank provisions covered a 380°F-flash-point liquid and an oil-quenching process. The regional administrator answered yes to both and identified the hardening and…

1976-11-12 Opinion Letter November 12, 1976
US

Spray-area ventilation, sampling, and electrical wiring Unknown

OSHA field staff were given definitions for spray rooms, booths, and areas, plus guidance on when sampling and special electrical wiring were needed. The 1976 memo emphasized sampling to establish…

1976-11-04 Opinion Letter November 4, 1976
US

Public employee union pension plan under ERISA Unknown

A labor organization representing state and local workers asked whether its own pension plan was covered by ERISA. DOL found the nongovernmental organization was an employer with respect to its own…

P/OPINION-76-101 Opinion Letter November 1, 1976
US

Town pension plan as governmental plan Unknown

A town asked about a pension plan it fully funded for its employees, with the city council deciding benefits and the contract award. DOL found the plan was established and maintained by a political…

P/OPINION 76-117 Opinion Letter October 30, 1976
US

Small insured employee benefit program under ERISA Unknown

An organization with no more than ten employees asked about its insured accident, medical, and life program. DOL concluded that the program was an ERISA welfare plan subject to Title I parts 1, 4,…

P/OPINION 76-116 Opinion Letter October 30, 1976
US

Small hospitalization plan and filing exemption Unknown

An employer asked whether its group hospitalization plan covering sixteen employees had to file Form EBS-1. DOL found it was an ERISA welfare plan. It said a limited exemption existed for some plans…

P/OPINION 76-115 Opinion Letter October 30, 1976
US

Two-year employee stock purchase plan outside pension definition Unknown

An employer asked about several arrangements but supplied substantive facts only for its stock purchase plan. DOL said the two-year payroll deduction and purchase arrangement appeared outside…

P/OPINION 76-114 Opinion Letter October 30, 1976
US

Fixed-ladder cages, safety devices, and inspection emphasis Unknown

A congressman asked how OSHA enforced its fixed-ladder rule and whether a ladder safety device could replace a cage. OSHA said the rule allowed devices on qualifying tower, tank, and chimney ladders…

1976-10-19 Opinion Letter October 19, 1976
US

Tare-weight loss for low-pressure gas cylinders Unknown

An insurer asked whether the five-percent tare-weight-loss threshold applied to low-pressure compressed-gas cylinders. OSHA said it did and that cylinders reaching the threshold had to be destroyed…

1976-10-14 Opinion Letter October 14, 1976
US

Use of a welfare fund's remaining assets for dental benefits Unknown

DOL could not decide whether a union welfare fund could spend its remaining assets on dental benefits without the plan terms and information about accrued benefits. It said the purchase would need…

P/OPINION 76-98 Opinion Letter October 1, 1976
US

Bonding and reporting for an insured welfare plan Unknown

DOL said bonding was generally unnecessary when employer contributions remained in its general assets until used directly to buy insurance, though returned funds could change that answer. The…

P/OPINION 76-97 Opinion Letter October 1, 1976
US

Funded faculty retirement policy and top hat exemption Unknown

DOL concluded that the described faculty and staff retirement policy did not qualify for the ERISA funding exception for unfunded plans serving a select group of managers or highly compensated…

P/OPINION 76-96 Opinion Letter September 30, 1976
US

Successor fiduciary duties after a predecessor's breach Unknown

DOL said ERISA section 409(b) does not make a successor fiduciary liable for a breach committed before that person became a fiduciary. A successor who learns of a predecessor’s breach must still…

P/OPINION 76-95 Opinion Letter September 30, 1976
US

Employee-owned stock purchase plan outside ERISA pension definition Unknown

A company asked whether a discounted stock purchase plan for selected officers and employees was an ERISA pension plan. DOL found participants became sole owners of purchased shares and could…

P/OPINION 76-113 Opinion Letter September 30, 1976
US

Redeemable annuity contracts still covered by ERISA Unknown

A requester asked whether two tax-deferred annuity contracts were covered plans when participants could terminate and redeem contributions at will. DOL said the contracts still offered retirement…

P/OPINION 76-112 Opinion Letter September 30, 1976
US

ERISA qualification of unlicensed public accountants Unknown

A requester asked whether DOL would qualify unlicensed accountants to audit ERISA plans. DOL said its certification authority applied only where a state had no accounting certification or licensing…

P/OPINION 76-93 Opinion Letter September 29, 1976
US

Assumed pension obligations after a business transfer Unknown

DOL concluded that a company which assumed a predecessor's pension payment obligations maintained an ERISA employee pension benefit plan. Freezing further pension credits did not itself end ERISA…

P/OPINION 76-94 Opinion Letter September 28, 1976
US

Sole owner pension plan outside ERISA Title I Unknown

A sole shareholder asked whether a pension plan covering only that shareholder was subject to ERISA. DOL applied the then regulation excluding a wholly owned business owner from employee status and…

P/OPINION 76-111 Opinion Letter September 28, 1976
US

Individual retirement compensation contract outside pension plan definition Unknown

A company asked about an agreement with a departing employee who owned half its stock, providing additional retirement compensation for past services and specified consideration. DOL characterized…

P/OPINION 76-110 Opinion Letter September 28, 1976
US

Crane hook latches and withdrawn connector guidance Unknown

An ironworkers' apprenticeship committee asked about crane-hook safety clips and steel-connector tie-offs. OSHA said the cited crawler, locomotive, and truck crane rule did not itself require safety…

1976-09-28 Opinion Letter September 28, 1976
US

County sanitary authority pension plan exemption Unknown

A county sanitary authority asked whether its contributory pension plan was governmental. DOL considered the authority’s state charter, public appointments, and board control over the plan…

P/OPINION 76-109 Opinion Letter September 27, 1976
US

County medical care facility benefit plan exemption Unknown

A medical care facility established by three counties asked about its life insurance and retirement programs, including voluntary employee supplemental contributions. DOL found the facility was an…

P/OPINION 76-108 Opinion Letter September 27, 1976
US

Severance plans as ERISA welfare plans Unknown

A requester asked whether two severance plans outside the then pension plan regulation were welfare plans. DOL answered yes, if the plans met ERISA section 4(a)’s other coverage requirements,…

P/OPINION 76-107 Opinion Letter September 27, 1976
US

Retirement-eligible severance payments as welfare benefits Unknown

A corporation proposed limited severance payments to retirement-eligible workers during a workforce reduction. DOL said the proposed payments would not constitute a pension plan under its then…

P/OPINION 76-106 Opinion Letter September 21, 1976
US

County-owned hospital pension plan exemption Unknown

DOL was asked whether a county-owned hospital's pension plan was governmental. On the submitted facts that the hospital was a wholly owned county instrumentality and maintained the plan for its…

P/OPINION 76-105 Opinion Letter September 21, 1976
US

Air-curtain guns under compressed-air cleaning rule Unknown

An OSHA regional office asked whether an air gun with an air curtain met the compressed-air cleaning rule. OSHA said such guns were acceptable if they met section 1910.242(b) and its 1972 program…

1976-09-20 Opinion Letter September 20, 1976
US

Union education and training fund as welfare plan Unknown

DOL was asked whether a union education and training fund offering technical, educational, and cultural courses was an ERISA welfare plan. It said section 3(1) covers apprenticeship or other…

P/OPINION 76-104 Opinion Letter September 15, 1976
US

Office paper cutters and hand-tool safety

A safety consultant asked whether point-of-operation rules covered hand-operated paper cutters and other sharp tools. OSHA said guarding provisions were not confined to powered machinery, and the…

1976-09-15 Opinion Letter September 15, 1976
US

Shoring and sloping requirements for trenches Unknown

A construction company asked how the trenching rule applied to shoring and sloping. OSHA said shoring must start at the bottom of a trench, including in soft ground, and that even trenches under…

1976-09-14 Opinion Letter September 14, 1976
US

Bonding an ERISA plan through an administrator-owned agency Unknown

A plan administrator sought an exemption so an insurance agency he partly owned could procure the plans' required bonds. DOL said ERISA section 412(c) barred procuring a required bond through an…

P/OPINION 76-92 Opinion Letter September 13, 1976
US

Training contractor party in interest determination Unknown

An employer council and unions agreed that the council's executive director was a possible contractor for their jointly bargained training trust. DOL found the council was an ERISA employer and…

P/OPINION 76-103 Opinion Letter September 13, 1976
US

Spray-booth floor covering and power-press controls Unknown

An insurer asked whether daily-replaced cardboard panels were allowed on a spray-booth floor and how to guard a mechanical power press. OSHA rejected the cardboard and explained safeguards for foot…

1976-09-09 Opinion Letter September 9, 1976
US

Union legal, collection and office-space services to benefit plans Unknown

A requester asked whether Taft-Hartley plan trustees could retain the union's lawyer, pay the union for collecting overdue contributions, and sublease office space to it. DOL said service…

P/OPINION 76-91 Opinion Letter September 2, 1976
US

Adequate consideration for restricted stock bought by a plan Unknown

A stock-bonus plan asked whether it could buy shares from parties in interest at an exchange-based price when resale of the shares would be restricted. DOL did not approve that pricing rule, saying…

P/OPINION 76-88 Opinion Letter September 2, 1976
US

Protective-equipment costs and requested overtime Unknown

A senator forwarded a worker's questions about who paid for safety glasses and hard hats and whether workers could refuse more than 40 hours a week. OSHA said its standards then required protective…

1976-09-02 Opinion Letter September 2, 1976
US

Pension service credit despite delinquent employer contributions Unknown

In response to complaints filed in ten lawsuits, DOL said a pension plan could not deny service credit solely because a participating employer failed to pay required contributions. DOL also said it…

P/OPINION 76-89 Opinion Letter August 31, 1976
US

Cotton-gin equipment guarding questions

An agricultural extension specialist asked ten questions about cotton-gin guarding. OSHA explained when projecting shafts needed sleeves, when walls or guardrails could qualify, how to size…

1976-08-30 Opinion Letter August 30, 1976
US

Exits, battery ventilation, and portable eyewash in small buildings Unknown

An engineering firm asked about exits and safety facilities in small buildings visited only rarely by employees. OSHA said buildings of the described size did not need two exits, cited…

1976-08-20-0 Opinion Letter August 20, 1976
US

Wire-rope knots in material handling

An OSHA regional office asked about a trucking-company wire-rope citation. OSHA quoted the construction rule against securing wire rope by knots, except scraper haul-back lines, and noted a separate…

1976-08-20 Guidance August 20, 1976
US

Emergency eyewash and showers for battery and chemical exposure Unknown

A food processor asked when emergency flushing facilities were needed around batteries, cleaning products, and strong acids or alkalis. OSHA said charging alone did not trigger its rule if battery…

1976-08-16 Opinion Letter August 16, 1976
US

Crane swing-radius barricades versus audible alarms Unknown

A crane company asked whether audible alarms could replace barricades around the rotating rear of a crane. OSHA said alarms did not adequately protect people entering the swing radius and that the…

1976-08-13 Opinion Letter August 13, 1976
US

Employer responsibility for safety rules and protective equipment Unknown

A senator asked about worker compliance with safety rules and use of protective gear. OSHA said the Act placed compliance responsibility on employers, gave OSHA no sanctions against employees, and…

1976-08-11 Opinion Letter August 11, 1976
US

When a locker room needs a second exit Unknown

A paper machinery company asked whether a locker and washroom needed more than one exit. OSHA said its rule did not automatically require two: occupancy, fire risk, and similar hazards governed…

1976-08-09 Opinion Letter August 9, 1976
US

Toilet facility access and location Unknown

An attorney asked OSHA to clarify workplace toilet-facility requirements. The regional office described the then-applicable toilet and lavatory counts, said the rule set no specific distance or…

1976-08-04 Opinion Letter August 4, 1976
US

Seed-corn processing under farm or industry rules

An attorney asked which machine-guarding standards applied to seed-corn processing. OSHA said agricultural operations used its Part 1928 farm-equipment rules, while processing outside an…

1976-08-02-0 Opinion Letter August 2, 1976
US

Proof-tested chain-sling components and tags

A consultant asked whether replacing or adding a proof-tested component required retesting an alloy-steel chain sling. OSHA said no whole-sling retest was needed if the component was not weakened.…

1976-08-02 Opinion Letter August 2, 1976
US

Cut-and-cover excavation versus tunnel standards

An OSHA regional administrator asked which rules apply to cut-and-cover tunnel construction. OSHA said an open cut used excavation standards. If a cover restricted employee access, air movement,…

1976-07-19 Guidance July 19, 1976
US

ERISA preemption of state health-plan licensing Unknown

DOL reviewed a state health-care service plan law after a state official tentatively said employer health plans needed licenses under it. DOL's 1976 view was that ERISA preempted the state law to…

P/OPINION 76-90 Opinion Letter July 14, 1976
US

Proof testing assembled alloy-chain slings

An OSHA office asked about proof-testing an alloy-steel chain sling assembled from tested parts. OSHA said an assembled unit did not need a new test when its chain segments and components had proof…

1976-07-12 Guidance July 12, 1976
US

Agricultural equipment guarding by location

A farm-equipment maker asked how agricultural guarding rules applied to servicing and flywheel guards. OSHA said guarding by location depends on whether workers could inadvertently reach a hazard…

1976-07-08 Opinion Letter July 8, 1976
US

Trench-bank definition and shoring in clay Unknown

An OSHA area director asked how the trenching rule treated banks and clay soil. OSHA said a nearby hill or vertical face could affect trench sides, and that clay's variable properties required the…

1976-07-07-1 Opinion Letter July 7, 1976
US

Employees on crane-suspended platforms versus loads or hooks Unknown

A District of Columbia safety official asked whether OSHA's crane directive allowed workers to ride a load or hook. OSHA said it did not, while special guarded platforms suspended from cranes could…

1976-07-07-0 Opinion Letter July 7, 1976
US

OSHA product approval and safety-data sheets

A manufacturer asked about product approval and safety information. OSHA said it could not approve or recommend products; listed approval had the specific meaning in the cited spray-finishing rule.…

1976-07-07 Opinion Letter July 7, 1976
US

Illumination of workplace exit signs Unknown

An engineer asked how bright workplace exit signs had to be and when signs needed internal lighting. OSHA said normal lighting could supply the required illumination where adequate, while…

1976-07-06 Opinion Letter July 6, 1976

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