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

Plumbing-industry cooperation trust outside ERISA plan status Unknown

A labor-management trust asked EBSA to reassess its ERISA status after removing activities that had included training benefits. EBSA said the amended trust’s cooperation activities did not provide…

Advisory Opinion 1994-33A Opinion Letter September 16, 1994
US

Former recordkeeping treatment of workplace violence and business travel Unknown

OSHA told field offices to assess violence-related injuries under the same former work-relatedness and severity criteria as other cases, and gave examples of reportable fatalities. Its attached…

1994-09-16-0 Guidance September 16, 1994
US

Paying for a block of leave instead of intermittent FMLA leave

WHD considered an employer that wanted to encourage a paid block of leave when an employee needed intermittent FMLA leave. It said the employer could encourage that arrangement, but could count only…

FMLA-44 Opinion Letter September 13, 1994
US

Employer retiree medical trust as ERISA plan assets Unknown

An employer asked whether a trust it proposed to establish for retiree medical costs belonged to the ERISA welfare plan. EBSA said treating the trust assets as an offset to promised benefits in…

Advisory Opinion 1994-31A Opinion Letter September 9, 1994
US

Chlorine leak response training at water treatment plants

A consultant asked what training water-treatment staff need when changing leaking chlorine cylinders. OSHA said the potential for emergency release triggered HAZWOPER, workers in the area needed…

1994-09-01 Opinion Letter September 1, 1994
US

Fax-on-demand safety data sheets for chemical distributors

A chemical manufacturer asked whether a fax-on-demand system could replace sending material safety data sheets. OSHA said sheets must accompany first shipments to direct customers and updates with…

1994-08-31-0 Opinion Letter August 31, 1994
US

Hazard labels for pressure-treated lumber

A lumber company sought OSHA approval of proposed labels and consumer sheets for chromated copper arsenate treated wood. OSHA said it does not preapprove labels; manufacturers must evaluate hazards…

1994-08-31 Opinion Letter August 31, 1994
US

Detector tube testing of commercial diving compressor air Unknown

A diving association asked if detector tube kits could satisfy periodic carbon monoxide, carbon dioxide, and oil-mist testing of compressor output. OSHA said they could if manufacturer limits and…

1994-08-25-0 Opinion Letter August 25, 1994
US

Posting the former OSHA 200 annual summary at mobile worksites Unknown

A contractor asked how to post the former OSHA 200 annual summary for workers at nonfixed construction sites. OSHA said employees who did not report to a fixed site or dispatch office had to be…

1994-08-25 Opinion Letter August 25, 1994
US

Concurrent leave and FMLA designation questions Unknown

WHD answered questions about running injury or maternity leave alongside FMLA leave, benefits, designation timing, and leave shared by spouses. Its PDF says the letter is under review and may be…

FMLA-43 Opinion Letter August 24, 1994
US

Portable toilet lighting and ventilation in temporary labor camps

OSHA told a regional administrator that toilet-room lighting provisions were intended for permanent installations, while ventilation concerns with portable toilets required an actual employee hazard…

1994-08-24-0 Guidance August 24, 1994
US

HAZWOPER coverage for news crews at emergency scenes

A media employer asked if news crews covering hazardous incidents needed first-responder training or counted as skilled support personnel. OSHA said they were generally not engaged in emergency…

1994-08-24 Opinion Letter August 24, 1994
US

Eleven FMLA questions from an airline Unknown

WHD answered eleven questions about intermittent leave, alternate positions, workers' compensation, health premiums, spouses' shared leave, and benefit accrual. It said only leave actually taken…

FMLA-42 Opinion Letter August 23, 1994
US

Fall hazard basis for a bridge construction PPE citation

Reviewing a proposed citation for bridge construction over a river, OSHA said 29 CFR 1926.95(a) could address an impact hazard from falling onto a shallow riverbed. Drowning hazards were addressed…

1994-08-22 Guidance August 22, 1994
US

Fermilab 403(b) annuity program and employer involvement Unknown

Fermilab asked whether its voluntary 403(b) annuity program avoided ERISA pension-plan status. EBSA said its former employer contributions and judgment over disability or hardship withdrawals went…

Advisory Opinion 1994-30A Opinion Letter August 19, 1994
US

Smokeless powder repackaging and historical PSM coverage Unknown

A company asked whether transferring unchanged smokeless powder from bulk to smaller resale containers triggered process safety management under the explosives rule. OSHA said the described work was…

1994-10-11 Opinion Letter August 18, 1994
US

Wire rope and metal stud guardrails at construction sites

A construction safety professional asked whether wire rope or metal drywall studs could be used for guardrails. OSHA said the materials were not prohibited if the installed guardrails met strength,…

1994-08-17-1 Opinion Letter August 17, 1994
US

Wire rope and metal studs for construction guardrails

A construction safety consultant asked whether wire rope and metal drywall studs could be used for guardrails around floor and wall openings. OSHA said neither material was prohibited, but a…

1994-08-17-0 Opinion Letter August 17, 1994
US

Historical safety-can rules for diesel fuel and kerosene Unknown

A safety firm asked whether diesel and kerosene at construction sites needed safety cans. OSHA said common diesel grades met the then-used flammable-liquid definition and required safety cans, while…

1994-08-17 Opinion Letter August 17, 1994
US

Revenue Quality Control measures and unemployment tax reporting Unknown

ETA explained the measures states would use to assess unemployment tax operations, including employer status determinations, overdue reports, collections and field audits. Its attachments described…

UIPL No. 42-94 Guidance August 16, 1994
US

Unemployment insurance requirements for worker profiling and reemployment services Unknown

ETA told states how to identify unemployment claimants likely to exhaust benefits and refer them to available reemployment services. It explained when participation was required, how states should…

UIPL No. 41-94 Guidance August 16, 1994
CA

IRS mileage rate is presumptively reasonable for auto, not truck, reimbursement

Following a phone conversation, an attorney's letter suggested DLSE had said employers reimbursing below the current IRS mileage rate would not violate Labor Code section 2802. DLSE corrected the…

1994.08.14 Opinion Letter August 14, 1994
US

Machine-specific lockout and tagout procedures Unknown

An employer asked whether thousands of energy sources required separate written lockout procedures. OSHA explained the general documentation duty and listed exceptions, including cord-and-plug work,…

1994-08-12-1 Opinion Letter August 12, 1994
US

Presence-sensing devices on power presses Unknown

A correspondent asked whether presence-sensing devices could guard power presses. OSHA said the press standard allowed properly protective devices, but OSHA did not approve products and at that time…

1994-08-11-2 Opinion Letter August 11, 1994
US

Cadmium medical removal and daily action-level exposure

A company proposed assigning medically removed cadmium workers to an area where most samples were below the action level. OSHA said the standard required their exposure to stay below the action…

1994-08-11-1 Guidance August 11, 1994
US

Emergency eyewash for retail auto-parts battery handling

A consultant asked if auto-parts stores handling vehicle batteries needed eyewash stations. OSHA said no standard specifically required eyewash for that retail setting, but identified general PPE,…

1994-08-11 Opinion Letter August 11, 1994
CA

Out-of-state garment manufacturer contracting with a California sewing shop must register

A New York attorney asked whether his client, an out-of-state dress manufacturer, needed to register under California's garment registration law when contracting with a California sewing shop to cut…

1994.08.09 Opinion Letter August 9, 1994
US

FMLA coverage of public-hospital medical residents

WHD considered medical residents working under successive one-year hospital contracts. On the limited facts, it concluded the residents were employees of a covered public hospital and could receive…

FMLA-41 Opinion Letter August 8, 1994
US

Atmospheric tanks and batch-process PSM coverage Unknown

A chemical company asked whether an atmospheric storage tank and a batch blending unit with temporary hose connections counted as one exempt process. OSHA said the facts were insufficient for a…

1994-08-08-2 Opinion Letter August 8, 1994
US

Wire rope clips used with wedge sockets

A regional administrator asked whether a piggy-back wire rope clip could secure a wedge socket connection. OSHA said the clip could be used if installed according to the manufacturer's instructions,…

1994-08-08-1 Guidance August 8, 1994
US

Confined space rules for utility manholes and vaults

A contractor asked which standards applied when entering electric utility and telecommunications manholes. OSHA said 1910.146 applied to general-industry work outside electric generation,…

1994-08-08 Opinion Letter August 8, 1994
US

Who may inspect lockout and tagout procedures Unknown

A company asked who may conduct periodic inspections of energy-control procedures. OSHA said a qualified authorized employee other than the worker using the procedure must inspect it and assess…

1994-08-05-0 Opinion Letter August 5, 1994
US

Chemical inventory list under hazard communication rules

A contractor asked what to include in its hazard communication chemical list. OSHA said the employer must inventory hazardous workplace chemicals using the identity on the safety data sheet and…

1994-08-05 Opinion Letter August 5, 1994
US

Separate charges for domestic relations order processing Unknown

A retirement plan asked whether it could charge the participant’s account for determining and administering a qualified domestic relations order. EBSA said separate charges to affected participants…

Advisory Opinion 1994-32A Opinion Letter August 4, 1994
CA

IWC Order jurisdiction over federal-base, oil-spill-cleanup, and Navy-vessel workers

An attorney asked DLSE to confirm five categories of employees were not covered by the IWC Orders. DLSE agreed federal-military-base workers are uncovered absent state law reserved in the federal…

1994.08.04 Opinion Letter August 4, 1994
US

PSM coverage for explosives disposal and landfill gas recovery Unknown

A waste company asked whether explosives disposal and landfill-gas power generation were exempt from process safety management. OSHA said it needed details about the explosives and other site…

1994-08-04-1 Opinion Letter August 4, 1994
US

Bloodborne pathogen coverage for electric utility first-aid staff Unknown

An electric utility asked which employees were covered by the bloodborne pathogens standard. OSHA said designated or de facto expected first-aid providers with reasonably anticipated blood contact…

1994-08-02 Opinion Letter August 2, 1994
US

Bloodborne pathogen exposure in electrical contracting Unknown

An electrical contractors association asked OSHA to review a safety publication. OSHA explained that designated first-aid workers with reasonably anticipated blood contact are covered, while…

1994-08-01-1 Opinion Letter August 1, 1994
US

Former injury log treatment of surgery and furlough days Unknown

A federal office asked how to count a worker's surgery and furlough days on the former OSHA 200 Log. OSHA said the surgery day was a day away because no work was performed, while furlough days…

1994-08-01-0 Opinion Letter August 1, 1994
US

Annual HAZWOPER refresher training after a lapse Unknown

A consultant asked whether hazardous-waste workers could take refresher training every three years. OSHA said the rule required eight hours annually while they performed remedial operations; an…

1994-07-28 Opinion Letter July 28, 1994
US

Tagout attachment cords under lockout rules Unknown

A correspondent asked if cotton-rayon or nylon cords could attach tagout devices. OSHA said employers must show equivalence to a one-piece, all-environment nylon cable tie; the supplied cords and…

1994-07-26-2 Opinion Letter July 26, 1994
US

Wire rope clips and wedge sockets under ANSI and OSHA rules

A contractor asked for a waiver from an ANSI rule on clips used with wedge sockets. OSHA said the ANSI provision had not become an OSHA standard, so no variance was needed, and described clip…

1994-07-26-1 Opinion Letter July 26, 1994
US

OSHA citation policy for voluntary employee rescues

OSHA instructed field offices not to cite an employer solely for a worker's voluntary heroic rescue if the employer had met its applicable responsibilities. The attached policy distinguished…

1994-07-26 Guidance July 26, 1994
US

Workers' compensation absences and FMLA leave

WHD answered a concern that workers' compensation leave could use up an employee's FMLA entitlement before another family or medical event. It said an on-the-job injury can be a serious health…

FMLA-40 Opinion Letter July 25, 1994
US

Disaster unemployment benefit amounts for July–September 1994 Unknown

ETA directed state unemployment agencies to use the attached average weekly benefit amounts when calculating disaster unemployment assistance for disasters occurring July through September 1994. It…

UIPL No. 38-94 Guidance July 22, 1994
US

Original FMLA effective date under railway CBAs

WHD explained the FMLA's original effective date for employees under a collective bargaining agreement subject to the Railway Labor Act. It said coverage began when the agreement was first reopened…

FMLA-39 Opinion Letter July 21, 1994
US

FECA benefits and a light-duty offer during FMLA leave

WHD considered a Postal Service employee receiving federal workers' compensation benefits while on FMLA leave. It said declining suitable light-duty work could end FECA benefits under that program,…

FMLA-38 Opinion Letter July 21, 1994
US

Screen Actors Guild cooperation fund outside ERISA Unknown

A screen performers union and producer association asked whether their industry cooperation trust was an ERISA welfare plan. EBSA said its described work on labor-management relations and industry…

Advisory Opinion 1994-29A Opinion Letter July 21, 1994
US

Interest-free plan loan to pay a QDRO beneficiary Unknown

A plan trustee asked whether he could lend cash to a retirement plan to pay an alternate payee under a qualified domestic relations order. EBSA said paying that beneficiary under the order is a…

Advisory Opinion 1994-28A Opinion Letter July 21, 1994
US

Line-clearance arborists under electric power safety rules

An arborist association asked how 29 CFR 1910.269 applied to line-clearance tree work. OSHA addressed training certification, proficiency, fall protection equipment, and branch removal near…

1994-07-18-1 Opinion Letter July 18, 1994
US

Process safety management program-quality inspections Unknown

A consultant asked whether a process safety management Program Quality Verification inspection was routine and limited to an implementation plan. OSHA said PQV inspections were comprehensive,…

1994-07-18 Opinion Letter July 18, 1994
US

Flammable-solvent parts cleaner as a covered PSM process Unknown

A manufacturer asked whether a solvent parts cleaning station and its connected storage and waste tanks were covered by process safety management. OSHA said the interconnected equipment formed one…

1994-07-15-1 Opinion Letter July 15, 1994
US

Bloodborne pathogens standard and health care workers Unknown

A physician questioned the need for OSHA's bloodborne pathogens standard and asked about its requirements. OSHA described the exposure risks to health care workers, said employers were responsible…

1994-07-15-0 Opinion Letter July 15, 1994
US

Consumer products in group homes under hazard communication

A group-home operator asked if employees needed material safety data sheets and training for ordinary household products. OSHA said the consumer-product exception applied when workplace use was like…

1994-07-15 Opinion Letter July 15, 1994
US

New York written authorization for plan payroll deductions Unknown

A plan service provider asked whether New York could require written authorization before workers used telephone elections for salary deferrals to an ERISA plan. EBSA said the state law was…

Advisory Opinion 1994-27A Opinion Letter July 14, 1994
CA

Outside salesperson exemption under the IWC Orders differs from the federal FLSA test

An attorney asked whether DLSE analyzes the outside-salesperson exemption differently than federal Wage and Hour Division does under the FLSA. DLSE answered yes: federal law uses a "primary duty"…

1994.07.14 Opinion Letter July 14, 1994
US

Pilots union disability insurance programs under ERISA Unknown

A pilots union asked whether its loss-of-license and extended disability insurance programs fell outside ERISA as voluntary insurance. EBSA said the union’s branding endorsed the programs, and its…

Advisory Opinion 1994-26A Opinion Letter July 11, 1994
US

Pilots union legal insurance program under ERISA Unknown

A pilots union asked whether its prepaid legal insurance was outside ERISA as voluntary coverage. EBSA said union-branded materials endorsed the program, and the union’s role in its design exceeded…

Advisory Opinion 1994-25A Opinion Letter July 11, 1994
US

Respirator selection for isocyanate paint spraying Unknown

A regional OSHA memorandum clarified that employees exposed to isocyanates while spraying paint needed positive-pressure air-line respirators with full facepieces. It also described when an improper…

1994-07-11-0 Guidance July 11, 1994
US

Steel erection fall protection and OSHA rulemaking Unknown

A steel erection company asked about OSHA policies concerning fall protection, citations and the industry's concerns with the standard. OSHA declined to discuss the company's citations outside the…

1994-07-08-0 Opinion Letter July 8, 1994

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