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

Farm-equipment guard strength and location

A farm-equipment manufacturer asked about guard strength, tractor shields, and guarding by location. OSHA said guards should resist reasonably predictable forces, including a vertical fall where…

1976-07-02-0 Opinion Letter July 2, 1976
US

Scope of alloy-steel chain-sling rules

A chain supplier asked whether OSHA’s sling rule covered other chain types. OSHA said the cited general-industry section was limited to alloy-steel chain slings and their use. Other chain slings…

1976-07-01 Opinion Letter July 1, 1976
US

Radial-arm saw guards versus sawmill guidance Unknown

A saw owner asked whether an OSHA sawmill memorandum applied to radial-arm saw guards. OSHA said the memorandum concerned large saws in sawmills under section 1910.265 and did not classify them as…

1976-06-30-1 Opinion Letter June 30, 1976
US

Guarding hand-operated paper cutters Unknown

An OSHA region asked about hand-operated paper cutters. OSHA said both the safe-tool rule and point-of-operation guarding rule applied, and described spring-loaded blades, barriers, and latches used…

1976-06-30-0 Opinion Letter June 30, 1976
US

Mercury airborne concentration measurement

An OSHA memorandum clarified how regional offices should apply the mercury value in Table Z-2. It said the 0.1 mg/m³ airborne concentration was determined as a full-shift time-weighted average.

1976-06-30 Guidance June 30, 1976
US

Stock trust assignment of merger debenture rights Unknown

A stock-bonus trust expected to receive employer-related debentures in a merger and proposed selling its rights to some of them before closing. DOL said an effective advance sale or irrevocable…

P/OPINION 76-72 Opinion Letter June 24, 1976
US

Photo-grey safety lenses for telecommunications work Unknown

A congressman asked whether photo-grey lenses were acceptable eye protection for a telecommunications worker. OSHA said it did not approve products; covered eyewear had to meet the then-referenced…

1976-06-24 Opinion Letter June 24, 1976
US

ERISA preemption of a state prepaid health-care act Superseded

A Hawaii official questioned why ERISA would displace the state's prepaid health care law when ERISA did not itself provide health benefits. DOL answered that ERISA covered welfare as well as…

P/OPINION 76-84 Opinion Letter June 22, 1976
US

Controls on extensible aerial ladders

An equipment maker asked whether an extensible aerial ladder needed upper and lower controls under OSHA’s vehicle-mounted platform rule. OSHA said that provision applied to extensible and…

1976-06-22-0 Opinion Letter June 22, 1976
US

Showers and eating areas under sanitation rules

A union representative asked whether OSHA required showers and lunch areas. OSHA said showers were required when a specific standard said so, with one shower per ten workers of each sex in those…

1976-06-22 Opinion Letter June 22, 1976
US

ERISA bonding exemption for a financial institution's own plan Unknown

DOL was asked whether a plan already named under a bank's blanket bond needed coverage without a $1,000 deductible after the insurer declined to remove it. DOL said its then temporary rules did not…

P/OPINION 76-71 Opinion Letter June 11, 1976
US

Diversification of a plan invested entirely in fixed income Unknown

A trust asked whether putting all its assets in diversified fixed-income securities met ERISA's diversification requirement. DOL declined to rule on the portfolio's factual risk and said the broader…

P/OPINION 76-70 Opinion Letter June 10, 1976
US

Bonding a fully insured small pension plan Unknown

A small employer with a fully insured pension plan asked for an ERISA bonding exemption. DOL said its then temporary rules required bonding only for an official who handled plan funds or property.…

P/OPINION 76-69 Opinion Letter June 10, 1976
US

Profit-sharing trust sale of employer stock Unknown

A profit-sharing trust asked about selling its employer's over-the-counter stock back to the company for $2 per share. DOL explained the conditions for ERISA's qualifying-employer-securities…

P/OPINION 76-68 Opinion Letter June 10, 1976
US

Diversifying a plan's bank deposits Unknown

A bank asked whether ERISA capped the share of a benefit plan's assets that could be held in its certificates of deposit. DOL said the specific percentage limit in section 407 concerned qualifying…

P/OPINION-76-74 Opinion Letter June 7, 1976
US

Whether an ESOP stock valuer is a fiduciary Unknown

A consultant asked whether valuing closely held employer stock for prospective and existing employee stock ownership plans made it an ERISA fiduciary. DOL said work for an employer before a plan…

P/OPINION 76-65 Opinion Letter June 7, 1976
US

MPS fuel-gas cylinders below ground

A transit authority asked about stabilized methylacetylene-propadiene gas in below-ground construction. OSHA agreed with the proposed handling approach and added that only the day’s intended…

1976-06-03 Opinion Letter June 3, 1976
US

ERISA treatment of severance, bonuses and retiree payments Unknown

A requester sought clarification of ERISA treatment for severance pay, bonuses, individual retirement accounts and gratuitous retiree payments. DOL said a qualifying severance arrangement could be a…

P/OPINION 76-66 Opinion Letter June 2, 1976
US

Reconsideration of an ERISA benefit-fund coverage ruling Unknown

A union benefit fund asked how to seek review of DOL's ruling that it was covered by ERISA Title I. DOL said there was no formal review procedure and that its review of the existing information gave…

P/OPINION 76-82 Opinion Letter May 25, 1976
US

Whether an insurance seller is an ERISA plan sponsor Unknown

A state official asked whether an association offering a benefit arrangement to employers had become an ERISA plan sponsor and filed a plan description. DOL explained that an employer association…

P/OPINION 76-81 Opinion Letter May 25, 1976
US

Guaranteed retiree supplements as ERISA pension plans Unknown

An employer asked whether two retiree supplement programs were outside ERISA as gratuitous payments. DOL said they were pension plans because one promised vested supplements and the other guaranteed…

P/OPINION 76-80 Opinion Letter May 25, 1976
US

Individual pension promise treated as an employment contract Unknown

A former employee asked whether ERISA gave him relief under an individual agreement promising a pension at age 65. DOL concluded that the agreement was an employment contract rather than an ERISA…

P/OPINION 76-79 Opinion Letter May 25, 1976
US

Rejecting compressed-gas cylinders after external inspection Unknown

An insurer asked how the compressed-gas cylinder inspection provisions fit together. OSHA said external defects in the cited subsections governed rejection for old and new cylinders alike, and a…

1976-05-24-0 Opinion Letter May 24, 1976
US

Pension trust purchase of its custodial bank's stock Unknown

DOL was asked whether a hypothetical pension trustee's direction to a custodial bank to buy that bank's own stock for the plan would violate ERISA. DOL said the bank was a party in interest but…

P/OPINION 76-76 Opinion Letter May 21, 1976
US

ERISA reporting for a shareholder-only retirement plan Unknown

A requester asked whether any retirement plan covering only shareholders or their spouses avoided ERISA reporting. DOL said that was too broad: the rule excluded a plan with no employee participants…

P/OPINION 76-67 Opinion Letter May 21, 1976
US

Emissions from exempt carcinogen mixtures

A chemical producer asked whether dust, vapor, and liquid particles from an exempt low-concentration carcinogen mixture were also exempt. OSHA said unavoidable minute emissions could share the…

1976-05-21 Opinion Letter May 21, 1976
US

Hard hats for warehouse workers Unknown

A warehouse manager asked whether workers needed hard hats. OSHA recommended head protection where falling objects could strike forklift drivers or people walking aisles, while saying workers in…

1976-05-20-0 Opinion Letter May 20, 1976
US

ESOP purchase of a controlling stock block above market quotes Unknown

A proposed ESOP asked whether it could pay more than over-the-counter quotes for a controlling block of employer stock, citing third-party offers. DOL said that if independent current bid and ask…

P/OPINION 76-52 Opinion Letter May 19, 1976
US

Ventilation for electrostatic paint spraying

A manufacturer asked about ventilation for hand-held electrostatic paint guns. OSHA said the minimum maintained air velocity was 60 linear feet per minute or more depending on material and fire…

1976-05-17-0 Opinion Letter May 17, 1976
US

Denied variance for unguarded firebrick cutoff saw Unknown

A glass company sought a variance to operate a firebrick cutoff saw with its lower blade exposed. OSHA found a hazard from blade contact and flying material, suggested a hinged hood guard, and…

1976-05-14 Opinion Letter May 14, 1976
US

Compensation of union and management pension trustees Unknown

DOL was asked which of a jointly administered pension plan's twelve trustees could be paid for plan service. Full-time paid union officers and employer-side trustees could generally receive expense…

OPINION-78--57 Opinion Letter May 6, 1976
US

Pension fund investments linked to trustee and union directors Unknown

A multiemployer pension fund asked about investing in a bank with a plan trustee on its board and an insurer with a union president on its board. On the stated facts, DOL said neither board…

P/OPINION 76-62 Opinion Letter May 5, 1976
US

Insurance commission paid to an employer's employee Unknown

A requester asked whether a licensed insurance agent who also worked for the sponsoring employer could receive a commission for selling insurance to its profit-sharing plan. DOL said the employee…

P/OPINION 76-59 Opinion Letter May 4, 1976
US

Health care cooperative contracts and small-plan exemption Unknown

A health care cooperative asked whether employer and union plans using its prepaid medical contracts could qualify for a then small welfare plan reporting exemption. DOL agreed that the cooperative,…

P/OPINION 76-05 Opinion Letter April 30, 1976
US

Small insured welfare arrangement and partial exemption Unknown

An employer asked about its insured life, accident, and health arrangement covering fewer than 100 people. DOL found it was an ERISA welfare plan subject to reporting, disclosure, and fiduciary…

P/-OPINION 76-06 Opinion Letter April 30, 1976
US

Funding standard start date for a collectively bargained plan Unknown

A pension plan asked whether its collective-bargaining history qualified it for ERISA's transition date for minimum funding standards. On the facts supplied, DOL found the plan had been maintained…

P/OPINION 76-31 Opinion Letter April 28, 1976
US

Repair and load testing of overhead-crane hooks Unknown

A crane-hook company proposed welding, inspection, heat treatment, and proof testing to recondition large hooks. OSHA said the procedures met or exceeded the cited rules but emphasized that a hook's…

1976-04-28 Opinion Letter April 28, 1976
US

Investment committee member serving on manager board Unknown

DOL was asked whether a plan investment committee member could remain a director of a trust company appointed as investment manager. It said ERISA section 408(c)(3) prevents section 406 liability…

P/OPINION 76-15 Opinion Letter April 26, 1976
US

Community scholarship fund outside ERISA Unknown

A labor council asked whether its five annual scholarships formed an ERISA welfare plan. DOL found the council and fund were employee organizations, but four scholarships were open to county…

P/OPINION 76-04 Opinion Letter April 22, 1976
US

MAPP gas in tunnels and covered cuts

A contractor asked whether MAPP fuel gas could be used in tunnels and temporarily covered cuts. OSHA said it was not liquefied petroleum gas under the cited rules and could be used for welding,…

1976-04-19 Opinion Letter April 19, 1976
US

Phototropic safety lenses and de minimis enforcement Unknown

An OSHA region asked how to treat phototropic safety lenses under the then-referenced ANSI eye-protection standard. OSHA said equipment used where eye injury was possible had to meet the full…

1976-04-16-0 Opinion Letter April 16, 1976
US

MPS gas for tunnel welding and cutting

A gas supplier asked how tunnel and welding rules applied to MPS fuel gas. OSHA said MPS was not LPG and could be used for listed welding, cutting, and heating work, including in tunnels, while…

1976-04-16 Opinion Letter April 16, 1976
US

MAPP gas in underground construction

A transit authority asked OSHA four questions about MAPP gas in underground construction. OSHA said it was not LPG and could be used for cutting, welding, and related heating under applicable…

1976-04-15 Guidance April 15, 1976
US

Trust and reporting exemptions for an employee scholarship plan Unknown

An employee association asked to exempt its funded scholarship plan from ERISA trust and reporting requirements. DOL said the plan did not fall within the proposed trust exception and that the…

P/OPINION 76-35 Opinion Letter April 13, 1976
US

Portable and temporary lighting in explosive areas

An industrial cleaning contractor asked about temporary versus portable lights in an explosive atmosphere. OSHA said portable battery-operated lighting was limited to 12 volts under the cited…

1976-04-06-0 Opinion Letter April 6, 1976
US

Skid-steer rollover protection in agriculture

A manufacturer asked whether a skid-steer loader used in agriculture had to meet the tractor rollover-protection rule. OSHA answered no because the incorporated construction standard reserved…

1976-04-06 Opinion Letter April 6, 1976
US

State bank commingled funds under proposed ERISA reporting rules Unknown

A requester pointed out that a proposed reporting rule appeared to require state bank commingled funds to meet national-bank filing rules they could not satisfy. DOL said the proposal was not…

P/OPINION 76-55 Opinion Letter April 5, 1976
US

DOL role in an IRS pension-plan determination request Unknown

A correspondent asked DOL to help speed an IRS determination-letter application for a pension plan. DOL explained the statutory conditions for its own chance to comment on a plan qualification…

P/OPINION 76-54 Opinion Letter April 5, 1976
US

Bonding obligations of a fully insured pension plan Unknown

A small employer with a fully insured pension plan asked DOL for relief from ERISA bonding. DOL said its then temporary rules required a bond only if a plan official handled plan money or property.…

P/OPINION 76-53 Opinion Letter April 5, 1976
US

Guard heights for petroleum pumping units Unknown

A petroleum industry group asked how to guard moving cranks and connecting rods on pumping units. OSHA said no guard was needed without employee exposure; where exposure existed, the cited rule…

1976-04-02-0 Opinion Letter April 2, 1976
US

Consulting physicians and first-aid kit contents Unknown

A trade association asked who could act as a consulting physician for first-aid supplies and whether OSHA approved kits. OSHA said an appropriate physician could recommend a commercial kit, but the…

1976-04-02 Opinion Letter April 2, 1976
US

Removable toe caps as foot protection Unknown

An OSHA region asked whether removable toe caps could substitute for safety shoes. OSHA said the employer met the cited protective-equipment rule by providing the toe caps, although it encouraged a…

1976-03-31 Opinion Letter March 31, 1976
US

Broker-dealer registration and ERISA investment managers Unknown

A requester asked DOL to treat a broker or dealer registered under the Securities Exchange Act of 1934 as an investment manager under ERISA section 3(38)(B). DOL declined, explaining that the…

P/OPINION 76-20 Opinion Letter March 30, 1976
US

Safety standards for logging and tree planting Unknown

An extension specialist asked which OSHA standards applied to logging and tree planting. OSHA said the then-cited pulpwood provision excluded certain logging operations, while general industry rules…

1976-03-29-0 Opinion Letter March 29, 1976
US

Guardrails at loading-dock edges Unknown

A trucking association asked how OSHA's floor-opening rule applied at loading docks. OSHA said an earlier exception concerned the active loading face, while other open dock edges four feet or more…

1976-03-23-0 Opinion Letter March 23, 1976
US

Link-chain platform rails and grounding questions Unknown

A person asked OSHA several questions about a construction project. OSHA said link chains could serve as platform rails if they met the cited height, strength, and intermediate-rail conditions; it…

1976-03-23 Opinion Letter March 23, 1976
US

Safety belts in aerial work baskets

An equipment maker asked whether wording in the aerial-lift rule excused a worker from wearing a safety belt in a basket. OSHA said it did not. It also cited requirements to stand on the basket…

1976-03-22 Opinion Letter March 22, 1976
US

Lathe guards, motor seals, and tank fill pipes

An insurer asked about guards on lathes, conduit seals on explosion-proof motors, and flammable-liquid tank fill pipes. OSHA said well-designed shields could guard the lathe danger zone, qualifying…

1976-03-18 Opinion Letter March 18, 1976
US

Single parcel leased by plan to related company Unknown

A profit sharing plan proposed constructing a building and leasing it to a company with common ownership. DOL found the proposed lease to a party in interest prohibited under section 406 and…

P/OPINION 76-14 Opinion Letter March 17, 1976
US

Apprenticeship plan trustee pay and ERISA duties Unknown

A requester asked whether apprenticeship plan trustees could be paid for time at a distant meeting. DOL said an hourly worker who lost wages while performing plan duties could receive plan…

P/OPINION 76-03 Opinion Letter March 17, 1976

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