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

Tagout attachment and identification under power rules

A requester asked about tagout devices under OSHA’s electric power and energy control standards. OSHA explained that the attachment, rather than the tag itself, had to meet the cited nonreusable and…

1995-05-24 Opinion Letter May 24, 1995
US

Prescription drugs and restricted work on injury logs Unknown

An employer asked how prescription medicine and short work restrictions affected injury logging. OSHA said issuing a prescription counted as medical treatment under its then-current guidance even if…

1995-05-23 Opinion Letter May 23, 1995
US

Retesting and work-related hearing loss logs Unknown

An employer asked when a recorded hearing shift could be removed from the OSHA 200 log. OSHA said a substitute audiogram had to occur within 30 days and discussed medical evidence needed to show the…

1995-05-19 Opinion Letter May 19, 1995
US

Mid-Continent health trust as a MEWA outside ERISA plan status Unknown

A requester asked whether the Mid-Continent health trust was a multiple employer welfare arrangement under ERISA. EBSA said the described program was a MEWA but was not itself an ERISA welfare plan,…

Advisory Opinion 1995-06A Opinion Letter May 18, 1995
US

Mine industry labor-management fund outside ERISA plan status Unknown

A coal-industry labor-management fund asked whether its joint process for improving workplace relations and productivity was an ERISA welfare plan. EBSA said that under the proposed amended trust…

Advisory Opinion 1995-05A Opinion Letter May 18, 1995
US

FMLA posting duty for a public agency with no eligible staff

WHD considered a public agency with fewer than 50 employees and no employees eligible for FMLA leave. It said public agencies are covered employers regardless of size and must post the FMLA notice…

FMLA-62 Opinion Letter May 17, 1995
US

Classifying sprains and strains on injury logs Unknown

An employer asked whether occupational sprains and strains counted as injuries or illnesses. OSHA said instantaneous events produced injuries and noninstantaneous events produced illnesses, while…

1995-05-17-0 Opinion Letter May 17, 1995
US

Face and eye protection for phlebotomists Unknown

An OSHA regional office asked whether phlebotomists needed face and eye protection. OSHA said routine venous blood draws did not reasonably anticipate splashes to the face or eyes, while related…

1995-05-16 Interpretive Notice May 16, 1995
US

Vacation unavailable for use during FMLA leave

WHD considered vacation earned in the current year but unusable until the next vacation year. It said an employer could not require that vacation to replace unpaid FMLA leave because it was not yet…

FMLA-61 Opinion Letter May 12, 1995
US

New cumulative trauma cases on injury logs Unknown

A shipyard clinic asked how to distinguish a new cumulative trauma disorder from an existing record. OSHA described new exposures and reopened symptoms after a resolved case, along with its…

1995-05-11 Opinion Letter May 11, 1995
US

Employee choice in nonformal complaint processing

OSHA told regional offices to explain that workers could choose the phone-and-fax complaint process or request an inspection. It said a signed formal complaint triggered the inspection process and…

1995-05-10-0 Interpretive Notice May 10, 1995
US

Reverse alarms on track-mounted excavators

A contractor asked whether OSHA’s construction vehicle alarm rule applied to a track-mounted excavator with a rotating housing. OSHA said the cited provision did not cover it, but reversing with an…

1995-05-10 Opinion Letter May 10, 1995
US

Injuries during voluntary emergency-team training Unknown

An employer asked whether injuries during voluntary off-site fire training belonged on the injury log. OSHA said the answer depended on whether participation was truly voluntary or would otherwise…

1995-05-09-2 Opinion Letter May 9, 1995
US

Construction fall rules for waste containers and landfills

A waste-industry association asked whether construction fall protection rules applied to detachable roll-off containers and landfills. OSHA said waste collection and ordinary dumping were not…

1995-05-09-1 Opinion Letter May 9, 1995
US

Cogeneration plants under electric power standards

An employer asked when its cogeneration facility counted as supplementary emergency or standby equipment under OSHA’s electric power rule. OSHA said the employer could use general-industry…

1995-05-09-0 Opinion Letter May 9, 1995
US

Asbestos standards for telecommunications work

A union asked which asbestos rule applies to telecommunications employees. OSHA said the construction rule covers removal, alteration, repair, maintenance or renovation of structures with asbestos,…

1995-05-09 Opinion Letter May 9, 1995
US

Roofing fall protection under the revised construction rule

A representative asked OSHA to respond to roofing contractors’ concerns about the revised fall protection standard. OSHA explained the six-foot trigger and the options available for low-slope roofs,…

1995-05-08 Opinion Letter May 8, 1995
US

Reuse of uncontaminated explosives packaging

An explosives industry group asked if clean packaging previously used for explosives had to be burned. OSHA acknowledged the cited burning provisions but said reuse, recycling or other disposal of…

1995-05-05 Opinion Letter May 5, 1995
US

Small business investment companies and ERISA plan assets Unknown

The Small Business Administration asked how ERISA plan-asset rules apply to small business investment companies that seek venture capital operating company status. EBSA said a properly structured…

Advisory Opinion 1995-04A Opinion Letter May 3, 1995
US

Chronic conditions and FMLA attendance policies

WHD explained why its FMLA serious-health-condition rule covered chronic conditions such as asthma or diabetes even when individual episodes lasted less than three days. It said a provider visit was…

FMLA-60 Opinion Letter May 2, 1995
US

Staffing response to immediately dangerous atmospheres

OSHA clarified how many workers were needed when responders entered an immediately dangerous atmosphere. It discussed the buddy and standby roles under hazardous-waste, respiratory and fire brigade…

1995-05-01-2 Interpretive Notice May 1, 1995
US

Face protection during routine blood draws

An OSHA regional office sought review of citations involving phlebotomists at a blood donation center. OSHA said face and eye splashes were not reasonably anticipated during routine venous blood…

1995-05-01-1 Interpretive Notice May 1, 1995
US

Spill containment mats beneath retail chemical displays

A retailer asked if it could remove spill mats beneath displays of lawn and garden chemicals. OSHA said no federal OSHA rule specifically required those mats and noted the company’s described…

1995-05-01 Opinion Letter May 1, 1995
US

FMLA treatment leave under a drug-testing policy

WHD addressed four drug-testing scenarios under an assumed nondiscriminatory, communicated county policy. It said FMLA leave may cover qualifying substance-abuse treatment, but the Act would not…

FMLA-59 Opinion Letter April 28, 1995
US

Fitness-for-duty certification before FMLA restoration

WHD explained when an employer could delay restoration for a missing fitness-for-duty report after FMLA leave. If the employer gave proper advance notice and the employee provided no report,…

FMLA-58 Opinion Letter April 28, 1995
US

Foot protection and falling-object hazards

A senator asked whether a new OSHA rule required construction workers to wear steel-toed shoes. OSHA said its recent fall protection rule added toeboard requirements in some situations but did not…

1995-04-28-0 Opinion Letter April 28, 1995
US

Fall protection while working on reinforcing steel Unknown

A safety consultant asked OSHA to clarify earlier guidance on fall protection for rebar work. OSHA limited that guidance to rebar in concrete structures, distinguished exposure at the work level…

1995-04-26 Opinion Letter April 26, 1995
US

Final 1995 Wagner-Peyser basic labor exchange allotments Withdrawn

ETA gave states their final program year 1995 allotments for basic labor exchange activities under the Wagner-Peyser Act. It explained how the statutory formula, a 3 percent set-aside for statewide…

TEGL No. 9-94 Guidance April 21, 1995
US

Unemployment coverage of AmeriCorps participants

ETA addressed whether states must count AmeriCorps service for unemployment compensation when participants serve state or local governments or certain nonprofits. Relying on the Corporation for…

UIPL No. 25-95 Guidance April 20, 1995
US

Average weekly benefits for April–June 1995 disasters Withdrawn

ETA gave state unemployment agencies an average weekly benefit amount for each state and territory to use in calculating Disaster Unemployment Assistance for disasters in April through June 1995. It…

UIPL No. 22-95 Guidance April 20, 1995
US

Revenue quality control and Form ETA 581 questions and answers Withdrawn

ETA answered state agencies' questions about the revised Form ETA 581 unemployment tax report and Revenue Quality Control reviews. The Q&A covers which employers count as active, documentation for…

UIPL No. 21-95 Guidance April 20, 1995
US

Release procedures for 1994 unemployment benefit quality data Withdrawn

ETA set the 1995 steps for state unemployment agencies to finalize, check, and publicly release calendar-1994 Benefits Quality Control results. It prescribed a database cutoff, report format,…

UIPL No. 20-95 Guidance April 20, 1995
US

Retroactive use of military separation reasons for UCX claims Rescinded

ETA made its list of military separation reasons usable for UCX claims involving separations from October 1, 1993. For separations through December 4, 1994, states were to consider both the new list…

UIPL No. 03-95, Change 1 Guidance April 20, 1995
CA

Labor Commissioner will not entertain a wage claim duplicating an issue already in court

An attorney challenged DLSE's practice of refusing to let a worker pursue a wage claim before the Labor Commissioner on the same issues already raised in a court action, arguing that Labor Code…

1995.04.19 Opinion Letter April 19, 1995
US

Historical hexavalent chromium exposure limit Unknown

A chemicals company asked OSHA to clarify its then-current hexavalent chromium limit. OSHA described a general-industry ceiling value and a construction eight-hour average of 100 micrograms per…

1995-04-19 Opinion Letter April 19, 1995
US

Safety procedures for house foundation excavations Unknown

OSHA told regional staff how to assess foundation excavations where property lines or other obstructions prevented ordinary sloping or benching. It listed precautions for spoil piles, nearby loads,…

1995-04-18 Interpretive Notice April 18, 1995
US

Testing insulating gloves for telecom workers Unknown

A telecommunications employer asked which OSHA rule controlled initial and repeat testing of rubber insulating gloves and blankets. OSHA said the telecommunications-specific provision governed…

1995-04-17 Opinion Letter April 17, 1995
US

Serious health conditions and attendance bonuses Superseded

WHD's 1995 letter discussed minor illnesses and said an employee could not lose perfect-attendance bonus eligibility solely for taking bona fide FMLA leave. WHD now expressly marks this letter…

FMLA-57 Opinion Letter April 7, 1995
US

HAZWOPER training curriculum and evaluation

A training provider asked whether OSHA’s HAZWOPER Appendix E was mandatory and how to evaluate, credit and organize training. OSHA said Appendix E remained nonmandatory, other training could count…

1995-04-06-0 Opinion Letter April 6, 1995
US

Tuberculosis exposure enforcement in health care Unknown

A health care adviser asked when OSHA would cite tuberculosis exposure under the general duty clause. OSHA described the factors for a citation and the circumstances in which its enforcement policy…

1995-04-06 Opinion Letter April 6, 1995
US

Asbestos controls during roofing work Unknown

A senator asked OSHA to respond to a roofing contractor’s concerns about the revised asbestos standard. OSHA said the rule applied to asbestos-containing roofing materials, referred to a settlement…

1995-04-05-0 Opinion Letter April 5, 1995
US

Oolitic rock and excavation cave-in protection

A representative asked whether Miami oolitic rock should qualify as stable rock under excavation rules. OSHA declined a blanket exemption because the rock could contain unstable seams and fracture,…

1995-04-05 Opinion Letter April 5, 1995
US

Steri-Strips as medical treatment on injury logs Unknown

An employer asked whether a work-related cut closed with Steri-Strips was recordable. OSHA said their use counted as medical treatment under its then-current injury logging criteria. OSHA labels the…

1995-04-04-2 Opinion Letter April 4, 1995
US

Tuberculosis risk assessment in health care Unknown

A hospital asked how to classify TB risk and choose employee skin-test frequency. OSHA described the compliance memorandum it then used and CDC guidance for intermediate-risk facilities, while…

1995-04-04-1 Opinion Letter April 4, 1995
US

Hazard information for paints and coatings

A requester sought information on health effects of prolonged paint exposure. OSHA said paint formulations vary, provided technical literature abstracts and explained that the hazard communication…

1995-04-04 Opinion Letter April 4, 1995
US

Federal employees union dental fund and MEWA status Unknown

A federal employees union asked whether changing its dental fund to cover only federal and specified related workers would affect ERISA status. EBSA said the union was an employee organization, so…

Advisory Opinion 1995-03A Opinion Letter April 3, 1995
US

Employer payment for safety shoes and PPE Unknown

A union representative asked whether employers had to pay for safety shoes. OSHA said employers paid for required PPE, while payment for personal equipment usable off the job could be negotiated;…

1995-04-03-2 Opinion Letter April 3, 1995
US

Historical TB skin-test intervals for health workers Unknown

An employer asked OSHA to confirm its then-current Mantoux skin-testing policy for health care employees. OSHA described different testing intervals for workers directly exposed to TB patients,…

1995-03-31 Opinion Letter March 31, 1995
US

Roofing fall protection and harness requirements

A senator asked about the effect of OSHA’s revised roofing fall protection rule and a picture showing two harness systems. OSHA explained the six-foot trigger and available protection options, and…

1995-03-30 Opinion Letter March 30, 1995
US

Guarding type 27 portable abrasive wheels

A railroad materials company asked how OSHA defined the outer flange and whether type 27 grinding wheels needed guards. OSHA said the named component exemption did not exempt the wheel itself from…

1995-03-29-0 Opinion Letter March 29, 1995
US

Pro rata attendance bonus during FMLA leave

WHD reviewed an attendance bonus that paid a proportional share for days worked when an employee missed time for FMLA leave or vacation, while other absences forfeited the bonus. It said the…

FMLA-56 Opinion Letter March 28, 1995
US

Limits of a process safety interpretation after an accident Unknown

A safety engineer questioned an earlier OSHA process safety answer after an accident. OSHA said the earlier interpretation was limited by the information then supplied and should not support broader…

1995-03-28-1 Opinion Letter March 28, 1995
US

Selecting cold-weather hand protection

An employer asked how to select gloves for workers exposed to cold when no consensus test standard seemed available. OSHA pointed to the hand protection rule’s task- and hazard-based criteria and…

1995-03-28-0 Opinion Letter March 28, 1995
US

Pneumatic portable lights and construction wiring rules

A lighting supplier asked whether a construction wiring provision applied to pneumatic lights with an internal alternator. OSHA agreed it did not apply to the described self-contained 12- or 24-volt units.

1995-03-28 Opinion Letter March 28, 1995
US

Using current-year JTPA funds with prior-year funds Rescinded

ETA addressed whether current-year JTPA administration funds could support spending of unused training funds from an earlier program year. It said it would accept the more flexible approach across…

TEGL No. 8-94 Guidance March 26, 1995
US

Electronic access to material safety data sheets

A requester asked whether a vendor’s claims about OSHA-approved electronic material safety data sheets were accurate. OSHA said it had not approved the product and that electronic access was…

1995-03-24-0 Opinion Letter March 24, 1995
US

Bent rebar and impalement protection

A contractor asked whether rebar bent horizontally as shown in submitted drawings still posed an impalement hazard. OSHA said the described drawings showed a configuration that would satisfy its…

1995-03-24 Opinion Letter March 24, 1995
US

Tuberculosis enforcement policy in health care Unknown

A senator asked whether documents supplied to a physician were new OSHA tuberculosis requirements. OSHA said they were not issued by OSHA, described its then-current enforcement memorandum and said…

1995-03-23-1 Opinion Letter March 23, 1995
US

Minimum willful-violation penalty for small employers Unknown

OSHA instructed regional offices to revise its field manual’s minimum proposed penalty for willful violations and size adjustments, including for employers with 50 or fewer workers. The memo…

1995-03-23-0 Interpretive Notice March 23, 1995
US

Precast concrete fall protection safety plans

A steel erection company asked whether OSHA had approved the sample precast concrete fall protection plan for use at every site. OSHA said contractors had to check its fit to site hazards and…

1995-03-23 Opinion Letter March 23, 1995

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