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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Driver safety when sweeping unknown cargo debris from trailers
A correspondent asked about truck drivers sweeping unknown debris from cargo trailers. OSHA said the employer must assess likely hazards and provide needed protective equipment and respirators;…
Motor vehicle rules on a repaving jobsite
A paving contractor asked which portions of a highway counted as an off-highway jobsite under OSHA’s construction vehicle rule. OSHA said areas closed to public traffic were covered, while the…
Personal lockout and tagout on wind turbines Unknown
A wind-farm employer proposed having a ground worker apply and remove lockout tags after radio instructions from technicians aloft. OSHA said the described method did not comply: the authorized…
H-2B labor certification procedures, Change 1 Withdrawn
ETA modified portions of TEGL 21-06 for state workforce agencies and national processing centers handling H-2B temporary labor certification applications. Its attachment sets out the revised…
Employer laundering of contaminated surgical caps
A hospital asked whether employees could take blood-contaminated reusable surgical caps home to wash. OSHA said caps that function as protective equipment against reasonably anticipated blood…
SCSEP performance measures for Program Year 2007 Withdrawn
ETA told Senior Community Service Employment Program grantees how revised performance measures would be used for Program Year 2007 and how goals would be negotiated. An attachment defines…
Safety-engineered syringe attachment under bloodborne pathogens rule
A medical-device maker asked if its syringe attachment satisfied OSHA’s engineering-control rule. OSHA declined to endorse the product, though it said the design appeared suitable for employer…
Tiered travel-time stipend for trips outside the normal commuting area does not violate minimum wage law
An employer whose technicians travel from home to customer worksites in company vans asked DLS whether a proposed tiered travel-time stipend (paying more travel time the farther outside a 30-mile…
PY 2007 workforce information grant applications Withdrawn
ETA gave states Program Year 2007 application and management instructions for Workforce Information formula grants. The letter covered required products, funding, accountability, reporting, and…
Native American training council nomination procedure Withdrawn
ETA invited Workforce Investment Act Section 166 grantees to nominate members for expiring seats on the Native American Employment and Training Council. It described the nomination process and…
Federal OSHA jurisdiction over Pennsylvania public-school exit concerns
A teachers’ group asked about latched school exits and a hazardous path from a parking lot. OSHA said Federal OSHA did not cover Pennsylvania public-school employees and could not resolve those…
Keeping the interstate vessel directory current for maritime unemployment claims Unknown
ETA reminded state agencies to maintain the Interstate Connection Network listing of vessels so claims staff could identify the state covering a maritime worker’s employment and transfer wages when…
H-2B procedures for tree planting and reforestation
ETA issued special H-2B labor certification processing guidelines for tree planting and related reforestation occupations. The letter directs state workforce agencies and national processing centers…
Conditional PY 2007 SCSEP grant instructions Withdrawn
ETA gave Senior Community Service Employment Program applicants instructions and allotments for conditional Program Year 2007 grants. The letter addressed new 2006 Older Americans Act requirements,…
Foreign bank branch and collective-fund exemptions Unknown
A foreign bank asked whether its U.S. branch could maintain collective investment funds eligible for ERISA transaction exemptions. EBSA said a state-licensed branch supervised like a comparable…
Fiscal year 2008 state unemployment quality service plans Withdrawn
ETA issued the fiscal year 2008 call for state unemployment Quality Service Plans and supplemental instructions on performance goals and corrective actions. The attachment lists measures to address.…
SCSEP state plan transition for PY 2007 Withdrawn
ETA told Senior Community Service Employment Program grantees that approved 2006 state coordination plans could serve on an interim basis for Program Year 2007. States could modify those plans but…
Hexavalent chromium controls, exclusions, and waste disposal
Manufacturing groups asked about welding in confined spaces, low-exposure operations, and disposal of large chromium-contaminated waste. OSHA said employers must use feasible engineering and work…
PY 2007 Native American program allotments Withdrawn
ETA gave Indian and Native American grantees their Program Year 2007 allocations for Section 166 youth and comprehensive services programs. It explained how existing two-year plans and grant…
Asbestos-cement pipe work classification and controls
A utility asked whether tapping asbestos-cement pipe was Class II or III work and whether a trade manual alone ensured compliance. OSHA said removal is normally Class II; limited repair may be Class…
Motor-carrier exemption after SAFETEA-LU Superseded
WHD said the motor-carrier overtime exemption after SAFETEA-LU applied to work involving commercial motor vehicles, generally excluding smaller vehicles. Congress changed the rule in 2008, and WHD’s…
Flight service specialist wage determination
WHD reviewed a specialized wage determination for flight service specialists on a Federal Aviation Administration service contract. It affirmed three job levels and rates based on National…
Fiscal 2007 enforcement restriction for tuberculosis respirator fit tests Unknown
An OSHA memorandum told regional offices that fiscal 2007 appropriations barred use of funds to enforce annual respirator fit testing for occupational tuberculosis exposure. It said initial and…
Compensatory time for part-time public employees
A state university asked whether part-time employees could receive future time off instead of extra cash for hours above their assigned schedule but below 40 in a week. WHD said the FLSA allowed…
Automatic meal-period deductions and work records
A long-term care employer proposed deducting 30 minutes for lunch unless a worker reported a shorter or missed break. WHD said the FLSA permits this recordkeeping method if the employer accurately…
Meatpacking safety gear and changing-clothes time Withdrawn
A meatpacker asked whether WHD still treated donning and removing protective gear as changing clothes under FLSA section 3(o). At the time, WHD said it continued to hold that interpretation outside…
Prescription safety glasses, employee waivers, and payment Unknown
An employer asked about workers who refuse over-glasses eye protection and whether it must pay for prescription safety glasses. OSHA said employees cannot waive the employer’s duty to ensure…
Asbestos medical surveillance and respirator evaluations
An occupational physician asked whether asbestos surveillance also required OSHA’s separate respirator questionnaire and whether exams could stop when exposure fell. OSHA said the asbestos standards…
WIA incentive grant applications, Change 5 Withdrawn
ETA updated application instructions for Workforce Investment Act Section 503 incentive grants based on Program Year 2005 performance. It explained eligibility, award amounts, permitted uses, and…
Troubleshooting power presses inside the machine guard
A metal fabricator asked if maintenance staff could stand behind a running punch press guard to observe die problems. OSHA said the practice was unlikely to comply without effective protection. A…
Hazard communication for an imported metalworking fluid Unknown
A prospective chemical importer asked how to classify a metalworking fluid and whether it could sell the product in the United States as unregulated. OSHA said the importer had to evaluate hazards…
WHD enforcement for H-2B workers in 2007
WHD said in 2007 that it could enforce its wage and workplace laws for H-2B workers but did not then have direct authority over H-2B visa conditions. FAB 2009-2 later reported that DHS delegated…
Minimum disaster unemployment benefits for April through June 2007 Withdrawn
ETA sent states minimum weekly Disaster Unemployment Assistance amounts for major disasters declared April 1 through June 30, 2007. Its attachment lists state calculations based on average weekly…
Regional Innovation Grants under WIA emergency grants Withdrawn
ETA announced Regional Innovation Grants that used National Emergency Grant funds for regional planning after major economic dislocations. It modified TEGL 16-03’s community-impact project guidance…
Lockout of compressed gas cylinders and contractor training
A laboratory asked whether visible gas-cylinder valves avoided lockout, whether a newsletter could train staff, and how contractors should be prepared. OSHA said cylinder work can require lockout…
Emergency action planning for suspicious powder at a post office
A postal worker asked about evacuation when clerks encounter an unknown powder. OSHA described the required contents of an emergency action plan where a standard calls for one, including reporting,…
Training in a language and vocabulary workers understand
A policy memorandum says OSHA training duties require information workers can actually understand, whatever the precise wording of a standard. Employers should account for workers’ language,…
Temporary census worker unemployment claims for the 2010 census Withdrawn
ETA assigned a federal identification code for temporary Census Bureau workers employed for the 2010 decennial census and asked states to use it when charging Unemployment Compensation for Federal…
Federal-state cooperation on questionable employment tax practices Unknown
ETA described an IRS initiative for federal-state cooperation against employment tax practices that evade tax obligations, including potential employee misclassification. It encouraged state…
Additional qualifying military separation reason for ex-servicemember benefits Rescinded
ETA added Force Shaping–Voluntary Separation Payment to the list of military separation reasons accepted for certain Unemployment Compensation for Ex-servicemembers claims when the person had not…
Positive and negative user seal checks for respirators
A safety consultant asked whether a wearer must perform both positive and negative pressure seal checks. OSHA said both are required when following Appendix B-1 if the respirator permits them, or an…
Revised TAA quarterly activities reporting Withdrawn
ETA instructed state agencies to submit the revised ETA-563 quarterly report for Trade Adjustment Assistance activities. It set reporting timing and supplied general instructions and a record layout…
PY 2007 WIA, Employment Service, and WOTC allotments Withdrawn
ETA gave states and outlying areas their Program Year 2007 Workforce Investment Act adult, dislocated worker, and youth allotments, plus Employment Service and Work Opportunity Tax Credit funding.…
WIA state plan deadline and waiver instructions, Change 1 Withdrawn
ETA moved the deadline for Workforce Investment Act and Wagner-Peyser state plan modifications to May 1, 2007. It offered extra time for states with newly elected governors and supplied additional…
Classifying asbestos-containing gasket removal
A contractor asked whether gasket removal is Class III asbestos work and whether glove bags are always required. OSHA said removal generally is Class II, but a limited repair may qualify as Class…
Solicitation for FY 2007 unemployment insurance IT security grants Withdrawn
ETA solicited state supplemental budget requests to fix UI information technology security weaknesses identified in audits or self-assessments. Each request could seek up to $100,000 in federal…
H-2B labor certification processing procedures Withdrawn
ETA updated H-2B temporary labor certification procedures for state workforce agencies and national processing centers. Its attachment details application processing and replaced earlier H-2B…
2006 Work Opportunity Tax Credit changes Withdrawn
ETA informed state workforce agencies about the 2006 reauthorization of the Work Opportunity Tax Credit and how to process certification requests under amended rules. The letter discusses changes to…
Oxygen-deficient atmospheres and a proposed partial-pressure threshold
A company asked OSHA to consider 100 mm of mercury oxygen partial pressure sufficient for workplace air. OSHA declined, saying its rule uses a 19.5-percent oxygen threshold and the proposed level…
Gloves for patient transport and contaminated linens
A hospital worker asked whether staff could be barred from wearing clean gloves during patient, trash, or linen transport. OSHA said employers must assess the tasks and select appropriate…
WIA and Wagner-Peyser performance goal negotiations Rescinded
ETA gave states guidelines for negotiating Program Year 2007 and 2008 Workforce Investment Act and Wagner-Peyser performance goals and incorporating them into state plans. Eight attachments contain…
Benefit Accuracy Measurement paid and denied claims questions and answers
ETA directed state agencies to a revised and expanded online question-and-answer series on Benefit Accuracy Measurement paid and denied claims. The series supplements ET Handbook 395 and supersedes…
FY 2007 state unemployment insurance resource allocations and supplemental budgets Withdrawn
ETA gave states FY 2007 UI administration base allocations, above-base workload funding assumptions, and instructions for supplemental budget requests. It reports $2.49777 billion appropriated for…
How close emergency first aid must be to a workplace
A correspondent asked what “near proximity” means for medical care under OSHA’s first-aid rule. OSHA said serious-injury workplaces generally need treatment within three to four minutes if no…
Hazmat awareness training and firefighter dispatch
A fire service instructor asked whether firefighters trained only to the HAZWOPER awareness level could answer hazardous-material incidents. OSHA said they may recognize a release and notify…
FY 2007 alien labor certification grant planning Withdrawn
ETA told state workforce agencies how to plan and manage fiscal 2007 alien labor certification grants. It described their program roles, allocation planning, and steps to request and use the funds,…
Interest rate on Title XII unemployment advances during 2007 Withdrawn
ETA announced a 4.6433 percent interest rate for Title XII state unemployment advances during calendar year 2007. It explained the September 30 interest payment rule and exceptions for cash flow…
Annual HAZWOPER refreshers at hazardous-waste facilities
A hazardous-waste facility asked whether annual HAZWOPER training meant each calendar year or each twelve-month period. OSHA said covered treatment, storage, and disposal workers should complete…
Pre-employment audiograms as hearing-test baselines
A corrections agency asked if it could test hearing before a worker’s first noise exposure. OSHA said a baseline audiogram may be taken before or after first exposure, within the rule’s six-month…
Generic safety data sheets and electronic access Unknown
A data-sheet provider asked about generic material safety data sheets and online repositories. OSHA said sheets lacking product-specific hazards or a responsible party did not meet the then-current…
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.