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

Interim respirator protection factor for 3M abrasive-blast helmet Unknown

An OSHA memo set interim enforcement treatment for a particular 3M abrasive-blasting helmet under the lead-in-construction rule. It allowed a higher protection factor for that model only if used…

1998-12-08 Opinion Letter December 8, 1998
US

Gas masks at anhydrous-ammonia storage sites

An agricultural cooperative asked whether a full-face respirator with ammonia cartridges counted as the gas masks required at stationary anhydrous-ammonia storage. OSHA said no: the cited NIOSH…

1998-12-07 Opinion Letter December 7, 1998
US

Updated JTPA transfers between program titles Withdrawn

ETA updated its instructions for moving Job Training Partnership Act funds among adult training, youth, and dislocated-worker programs. With a governor's approval, local areas could transfer up to…

TEGL No. 7-95, Change 1 Guidance December 4, 1998
US

Technical amendment to Welfare-to-Work formula-fund obligations Rescinded

ETA explained a 1998 amendment to the rules for obligating Welfare-to-Work formula grants. States still had to promptly allocate formula funds to service delivery areas, but the letter said the…

TEGL No. 9-98 Guidance December 2, 1998
US

Obligation of Welfare-to-Work formula funds Rescinded

ETA explained that a 1998 technical amendment changed when states must obligate Welfare-to-Work formula funds. States with multiple service delivery areas still had to allocate the required share…

TEGL No. 9-98 Guidance December 2, 1998
US

Refusing respirator medical exams and facial-hair alternatives

A representative of Lockton Companies asked whether employees had to submit to respirator medical evaluation and whether religious facial hair created an exemption. OSHA said workers may refuse…

1998-12-02 Opinion Letter December 2, 1998
US

Paying federal tax withheld from unemployment benefits Unknown

ETA offered states an optional Treasury process for sending federal income tax withheld from unemployment benefits to the IRS. The letter explains daily transfers through the Unemployment Trust Fund…

UIPL No. 10-99 Guidance November 30, 1998
US

Asbestos building-owner duties and enforcement resources Unknown

A building-services firm asked about court challenges, compliance materials, citation data and OSHA enforcement of asbestos duties for building owners. OSHA said the cited owner requirements were…

1998-11-20-0 Opinion Letter November 20, 1998
US

Methylene chloride amendments and 1998 compliance dates Unknown

A national OSHA memo alerted regional offices to changes in the methylene chloride standard, including medical-removal protection, delayed startup dates for some controls, and continued short-term…

1998-11-20 Opinion Letter November 20, 1998
US

Historical FMLA spouse definition and domestic partners Superseded

WHD answered a question about leave to care for a domestic partner under the spouse definition then in force. The letter’s former definition and its discussion of the Defense of Marriage Act are…

FMLA-98 Opinion Letter November 18, 1998
US

Covering a shallow concrete elevator pit

A construction adviser asked what fall protection applied to an open four-foot-deep elevator pit. OSHA said it was a hole under the standard and, although the six-foot fall rule did not apply,…

1998-11-17 Opinion Letter November 17, 1998
US

Respirator fit tests and SCBA storage on fire trucks

A physician asked when qualitative or quantitative fit testing was required and whether fire-truck SCBA needed full covers. OSHA described fit-test choices under the respirator standard, accepted…

1998-11-16-0 Opinion Letter November 16, 1998
US

Respirator medical evaluations and employee-selected physicians

A union representative asked how the revised respirator rule handles medical evaluations. OSHA said employers must provide an evaluation, may use an employee's physician if they choose, and need not…

1998-11-16 Opinion Letter November 16, 1998
US

Two-in/two-out staffing for interior structural firefighting

A fire inspector asked whether each firefighter entering a structure required a matching outside firefighter and whether standby crews had to wait before a rescue. OSHA said two outside firefighters…

1998-11-13-1 Opinion Letter November 13, 1998
US

Material safety data sheet format under the 1998 hazard communication rule Unknown

A senator relayed a county employee's request for one format for material safety data sheets. OSHA said its 1998 rule recommended an ANSI format but let chemical suppliers choose how to present…

1998-11-13-0 Opinion Letter November 13, 1998
CA

Proposed petrochemical staffing-industry training program: trainee exemption

A lawyer for a staffing company asked DLSE to evaluate a proposed unpaid training program for people not yet employed, run by an outside training firm to prepare candidates for petrochemical…

1998.11.12-1 Opinion Letter November 12, 1998
CA

Unpaid newspaper interns: the 11-part trainee-exemption test

A journalist asked DLSE whether a weekly newspaper's unpaid "interns" — who fact-check, research, do filing and accounting work, and aren't enrolled in any school program — are lawfully unpaid. DLSE…

1998.11.12 Opinion Letter November 12, 1998
US

Selecting eye and respiratory protection for glass-bead work

A glass-bead maker asked what eye and respiratory protection to use in a studio. OSHA said the choice depends on a site-specific hazard assessment, including airborne exposure levels and the type of…

1998-11-11-0 Opinion Letter November 11, 1998
US

UCX eligibility for military separations due to inaptitude Rescinded

ETA expanded the military separation reasons it treated as “inaptitude” for unemployment claims by former service members. It told states to use the revised list for claims filed from November 10,…

UIPL No. 03-95, Change 2 Guidance November 10, 1998
CA

Electronic pay statements and direct deposit: employer must furnish a hard copy

A payroll-services attorney asked DLSE about a proposed "paperless" payroll system letting employees view pay statements and direct-deposit confirmations securely online instead of on paper. DLSE…

1998.11.10 Opinion Letter November 10, 1998
CA

Sleep shifts and hours worked under IWC Order 5: residential care facility

An administrator of a residential care facility for developmentally disabled adults asked whether overnight hours, during which employees on 12-hour shifts are required to be present but are…

1998.11.09 Opinion Letter November 9, 1998
US

Descent control devices and fall arrest in construction

A construction equipment supplier asked what OSHA required for descent control devices such as figure eights and racks. OSHA said it had no device-specific rule, but general strength, training and…

1998-11-09 Opinion Letter November 9, 1998
CA

Requiring employees to buy excess auto insurance: reimbursement under Labor Code section 2802

An employer planned to require employees who regularly drive personal vehicles for business to carry auto insurance coverage above California's legal minimum. DLSE said Labor Code section 2802 does…

1998.11.05 Opinion Letter November 5, 1998
US

Selective Service registration for JTPA eligibility Rescinded

ETA told JTPA grantees how to check Selective Service registration when deciding whether a male applicant could receive program services. It distinguished applicants still able to register from…

TEGL No. 8-98 Guidance November 4, 1998
US

Selective Service registration and JTPA eligibility Rescinded

ETA instructed Job Training Partnership Act grantees how to assess Selective Service registration when deciding program eligibility. For applicants older than 26 who failed to register, local…

TEGL No. 8-98 Guidance November 4, 1998
CA

Airport shuttle drivers generally lack the overtime exemption; vehicle facts matter

An attorney asked DLSE to revise a 1997 opinion letter's conclusion that for-hire airport shuttle drivers are not exempt from overtime under Wage Order 9's exemption for drivers whose hours of…

1998.11.04 Opinion Letter November 4, 1998
US

Backup alarms or observers for construction vehicles

A requester asked OSHA to weigh the safety benefit of electronic backup alarms against the noise they create. OSHA said construction vehicles with an obstructed rear view need either a…

1998-11-03-0 Opinion Letter November 3, 1998
US

Protective footwear and payment in longshoring Unknown

A maritime employers' association asked how OSHA's longshoring footwear rules compared with an industry safety code, who decides where shoes are required, and who pays. OSHA said the employer…

1998-11-03 Opinion Letter November 3, 1998
US

Decontaminating an SCBA's second-stage regulator

A respirator maker asked whether an SCBA's mask-mounted second-stage regulator must be cleaned when the wearer's exhalation valve is in that regulator. OSHA said it must be cleaned and…

1998-11-02 Opinion Letter November 2, 1998
US

Incumbent Worker System Building Demonstration Rescinded

ETA invited states to apply for demonstration grants to build statewide plans for incumbent worker training. The letter described eligible planning work, a grant ceiling of $50,000 per state, and…

TEGL No. 7-98 Guidance October 29, 1998
US

Incumbent worker system building demonstration grants Rescinded

ETA offered states planning grants to develop incumbent worker training strategies and state plans. Each demonstration grant could run up to 12 months and provide up to $50,000, with applications…

TEGL No. 7-98 Guidance October 29, 1998
US

Protective clothing for line-clearance tree trimmers

A utility asked what apparel requirements applied to line-clearance tree trimmers who were not qualified electrical workers. OSHA said the applicable electric-power rule points to its general PPE…

1998-10-29 Opinion Letter October 29, 1998
US

Employee medical records after an asset sale

A company that bought contracts and hired workers from another firm's environmental business asked whether it had to take over the seller's employee exposure and medical records. OSHA said the…

1998-10-26-0 Opinion Letter October 26, 1998
US

Lockout during grinding-wheel changes Unknown

A manufacturer asked whether an interlocked guard let a toolmaker change a grinding wheel without lockout or tagout. OSHA said no, because the wheel change occurred outside normal production and did…

1998-10-20 Opinion Letter October 20, 1998
US

Fit testing and medical evaluation under the respirator rule Unknown

A requester asked about fit testing, medical evaluations and voluntary use under the revised respirator rule. OSHA answered that full-face negative-pressure respirators needed quantitative fit…

1998-10-16-1 Opinion Letter October 16, 1998
US

Medical professional discretion in respirator evaluations

A health professional asked whether optional respirator questionnaire questions would become mandatory and whether a positive response always required a hands-on exam. OSHA said the professional…

1998-10-16-0 Opinion Letter October 16, 1998
US

Medical technicians and respirator evaluations

An industrial employer asked whether medical technicians working under a physician could conduct respirator medical evaluations. OSHA said the rule requires a physician or other licensed health care…

1998-10-16 Opinion Letter October 16, 1998
US

Grain-dust action level at feed mills

A feed-mill operator asked whether the grain handling standard's one-eighth-inch dust action level applied to feed mills. OSHA said that threshold was written for grain elevators and did not apply…

1998-10-15 Opinion Letter October 15, 1998
US

Year 2000 readiness of unemployment computer systems Withdrawn

ETA described its Year 2000 testing plans for the unemployment program's shared SUN computers and software. It told state agencies to test their own software and data feeds, prepare for a system…

UIPL No. 48-98 Guidance October 14, 1998
US

Minimum disaster unemployment assistance amounts for October–December 1998 Withdrawn

ETA sent state unemployment agencies a table of minimum weekly Disaster Unemployment Assistance amounts for major disasters declared from October through December 1998. It instructed agencies to use…

UIPL No. 01-99 Guidance October 14, 1998
US

Representative methylene chloride exposure sampling across sites

A business group asked whether sampling employees at one manufacturing site could represent workers in the same jobs at other sites. OSHA said no under the methylene chloride rule, because…

1998-10-13-3 Opinion Letter October 13, 1998
US

Classifying a product as a mixture for hazard communication Unknown

A lawyer asked OSHA to decide whether a client's abrasive product was a mixture under the hazard communication rule. OSHA said manufacturers make that determination and offered a distinction between…

1998-10-13-2 Opinion Letter October 13, 1998
US

Respirators for dichlorobenzidine-contaminated equipment

A lawyer asked what respiratory protection workers needed while repairing equipment used for, or contaminated by, dichlorobenzidine. OSHA said supplied-air respirators were required while…

1998-10-13-1 Opinion Letter October 13, 1998
US

Telephone backup for electronic material safety data sheets

A contractor asked whether workers could request material safety data sheets by telephone if an electronic system failed. OSHA said waiting up to two hours for a sheet was not immediate access. It…

1998-10-13-0 Opinion Letter October 13, 1998
US

Interim enforcement policy for the revised respirator standard Unknown

OSHA told its regional offices how to enforce the revised respirator standard after a small-business guide was published later than expected. For employers complying with the old rule, it directed…

1998-10-13 Guidance October 13, 1998
US

Consumer association health program remains a MEWA Unknown

A consumer association sought reconsideration of an earlier opinion calling its health program a MEWA. EBSA said a program can be a MEWA even if it is not itself an ERISA welfare plan, and the…

Advisory Opinion 1998-08A Opinion Letter October 9, 1998
US

Guarding automatic screw machines Unknown

A machine company asked whether guarding that followed an industry standard and manufacturer guidance met OSHA's requirements for automatic screw machines. OSHA said its machine-guarding rule was…

1998-10-09 Opinion Letter October 9, 1998
CA

Administrative exemption: insurance company claims representatives are non-exempt 'production' workers

An attorney asked DLSE whether insurance company claims representatives — who estimate auto damage and injury costs, flag possible fraud, and seek approval above their authorized dollar limits —…

1998.10.05 Opinion Letter October 5, 1998
US

Group purchasing agreements and bloodborne pathogen controls

A lawyer asked whether healthcare group purchasing agreements violated OSHA's bloodborne pathogens rule. OSHA said it did not decide the legality of purchasing contracts, but employers still had to…

1998-10-05-0 Opinion Letter October 5, 1998
US

Medical evaluations for required and voluntary respirator use

An airline asked whether disposable dust masks and supplied-air respirators require medical evaluation. OSHA said required dust-mask use does, while voluntary filtering-facepiece use does not. It…

1998-10-05 Opinion Letter October 5, 1998
US

Inspection standards for below-the-hook lifting devices and slings

A lifting-device supplier asked which inspection reference OSHA used for below-the-hook devices and whether engine carriers counted as slings. OSHA said it referred to ANSI/ASME B30.20 for device…

1998-10-01-0 Opinion Letter October 1, 1998
US

Clarifications to Year 2000 verification of UI systems Withdrawn

ETA clarified UIPL 38-98 by allowing state unemployment agencies to use a rapid initial independent review focused on benefit-year-ending functions for their December 1998 certification. States…

UIPL No. 38-98, Change 1 Guidance September 30, 1998
US

Life policy sales to relatives under PTE 92-6 Unknown

A requester asked about three life-policy sale structures under prohibited transaction exemption 92-6. EBSA said sales to multiple eligible relatives, a policy insuring a participant and spouse, and…

Advisory Opinion 1998-07A Opinion Letter September 24, 1998
US

Proposed verification procedures for federal unemployment benefits Withdrawn

ETA told state unemployment agencies that a Justice Department proposal would change how they verify eligibility for federal unemployment benefits, including benefits for former federal and military…

UIPL No. 47-98 Guidance September 22, 1998
US

Screen doors for temporary labor housing

A Florida labor official asked whether OSHA's temporary labor housing rule required screen doors on every exterior doorway. OSHA said exterior doorways counted as exterior openings, so they had to…

1998-09-22 Opinion Letter September 22, 1998
US

Welfare-to-Work eligibility for noncustodial parents Rescinded

ETA explained a 1998 amendment to eligibility for Welfare-to-Work services funded from the program's 70 percent targeted portion. The person receiving services, including a noncustodial parent, had…

TEGL No. 6-98 Guidance September 21, 1998
CA

Negative-election 401(k) deductions violate Labor Code 221

An employer asked whether it could switch its 401(k) enrollment from an opt-in ("positive election") system to one where employees are automatically enrolled and contributions deducted unless they…

1998.09.18 Opinion Letter September 18, 1998
US

Revised JTPA performance standards worksheets for program years 1998 and 1999 Withdrawn

ETA corrected national averages in the optional worksheets states used to set local Job Training Partnership Act performance standards for 1998 and 1999. The changes affected the factors for people…

TEGL No. 12-97, Change 3 Guidance September 17, 1998
CA

"Use it or lose it" vacation policy and vacation pay at termination

An employer asked whether its vacation policy — under which vacation didn't begin accruing until semi-annual target dates, couldn't be carried over past the calendar year, and was paid out only on…

1998.09.17 Opinion Letter September 17, 1998
US

Y2K continuity plans for state unemployment agencies Withdrawn

ETA instructed state unemployment agencies to prepare separate Y2K continuity plans for benefit and tax operations. It identified core functions, supplied a sample planning matrix, and set 1998 and…

UIPL No. 46-98 Guidance September 16, 1998

How this guidance is useful

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