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

Oregon residential roofing fall protection policy Unknown

OSHA reviewed Oregon’s residential roofing fall-protection policy under its state-plan oversight role. It concluded that Oregon’s policy allowed work at greater heights and roof pitches without the…

1994-04-21-0 Guidance April 21, 1994
US

Fall protection citations for bridge construction Unknown

Regional staff asked whether to cite two bridge contractors for failing to provide fall protection. OSHA's construction compliance office concurred with issuing one citation to each under the…

1994-04-21 Guidance April 21, 1994
US

Disaster unemployment benefit amounts for April–June 1994 Unknown

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

UIPL No. 23-94 Guidance April 20, 1994
US

St. Anthony’s Hospital benefit plans as church plans Unknown

A Florida Catholic hospital asked whether its employee benefits were church plans. EBSA said the Franciscan order’s control of the hospital and its associated plan committees met the definition, and…

Advisory Opinion 1994-16A Opinion Letter April 20, 1994
US

Presbyterian retirement home welfare plans as church plans Unknown

A Presbyterian retirement home operator asked whether its employee welfare arrangements were church plans. EBSA said the presbytery’s control of the homes and associated benefits committee met the…

Advisory Opinion 1994-15A Opinion Letter April 20, 1994
US

Insulators apprenticeship and hazardous waste trusts under ERISA Unknown

A requester asked whether two apprenticeship and hazardous materials training trusts were ERISA welfare plans subject to reporting. EBSA said both provided employee training benefits funded by…

Advisory Opinion 1994-14A Opinion Letter April 20, 1994
US

FMLA leave and reasonable accommodation

A requester asked whether an employer could require an employee to take a reasonably accommodated or light-duty job instead of FMLA leave. WHD said eligible employees could elect FMLA leave despite…

FMLA-35 Opinion Letter April 19, 1994
US

Crane-supported overhang form as a scaffold or personnel platform Unknown

A form-system maker asked which OSHA rules applied to a crane-supported access platform. OSHA said that, if the hoist was secured and the platform stayed still with workers on it, it would be…

1994-04-19 Opinion Letter April 19, 1994
US

Revised draft language on reemployment service participation Unknown

ETA corrected model state-law language for unemployment claimants referred to reemployment services after worker profiling. It said a claimant who completed the services or had justifiable cause for…

UIPL No. 13-94, Change 1 Guidance April 15, 1994
US

Safety net at open hatches as fall protection

A manufacturer asked whether OSHA would accept its net over open hatches. OSHA said it did not endorse products, but the described net appeared to provide effective added protection and might be an…

1994-04-15 Opinion Letter April 15, 1994
US

Disinfectant policy for bloodborne pathogen cleanup Unknown

A state labor official asked OSHA to clarify its bloodborne-pathogen disinfection directive. OSHA said it based the then-current disinfectant methods on CDC guidance and industrial hygiene…

1994-04-13 Opinion Letter April 13, 1994
US

Public-sector compensatory time and FMLA leave

WHD considered public employees' compensatory time earned instead of FLSA overtime pay. It said this time was not one of the accrued paid-leave forms that FMLA allowed to be substituted for unpaid…

FMLA-34 Opinion Letter April 12, 1994
US

Interim steel erection fall protection policy remains in place Unknown

A steel industry group urged OSHA to change its interim fall protection enforcement policy for steel erection. OSHA said it was evaluating the group's views on citations for falls between 10 and 25…

1994-04-12-0 Opinion Letter April 12, 1994
US

1994 Summer Challenge II youth work and learning guidance Withdrawn

ETA gave states and local job-training areas detailed instructions for the 1994 Summer Challenge II youth program. It emphasized meaningful work, educational skills, links with schools and private…

TEGL No. 05-93 Guidance April 11, 1994
US

OSHA and Coast Guard jurisdiction on foreign vessels Unknown

A regional office asked whether expanded Coast Guard authority over foreign vessels displaced OSHA enforcement against marine cargo handlers. OSHA said the Coast Guard's vessel authority did not bar…

1999-04-11 Opinion Letter April 11, 1994
CA

Assistant golf professionals are employees, not independent contractors, while teaching lessons

A law firm asked whether "assistant golf professionals" who spend most of their time in a golf club's pro shop, but occasionally teach paid lessons and receive an IRS 1099 for that portion, are…

1994.04.11 Opinion Letter April 11, 1994
US

OSHA and Coast Guard authority over foreign-flag vessels Unknown

An OSHA regional office asked whether expanded Coast Guard inspection authority displaced OSHA enforcement on foreign-flag vessels. OSHA said the Coast Guard change concerned vessel conditions and…

1994-04-11 Guidance April 11, 1994
US

Thirty-day retest window for hearing-loss records Unknown

An audiology provider asked whether a later hearing test could reverse a former OSHA Form 200 hearing-loss entry. OSHA said a retest had to occur within 30 calendar days to replace the initial…

1994-04-08-1 Opinion Letter April 8, 1994
US

Historical hearing-loss recording across employers Unknown

A shipping association asked how hearing loss had to be recorded on the former OSHA Form 200. OSHA described its then-used 25-decibel threshold, the audiogram date for an illness entry, and which…

1994-04-08-0 Opinion Letter April 8, 1994
US

Cumulative trauma and establishment records on Form 200 Unknown

A state labor official asked when cumulative trauma disorders became recordable, when a recurrence was a new case, and how many logs a ski resort needed. OSHA explained its then-current onset and…

1994-04-08 Opinion Letter April 8, 1994
US

Methanol and propane used solely as furnace fuel Unknown

A manufacturer asked whether its heat-treating furnaces fell under OSHA’s process safety management rule because they used methanol and propane. OSHA said the described process was outside the rule…

1994-04-07-0 Opinion Letter April 7, 1994
US

Specimen containers under the bloodborne pathogen standard

A lawyer asked whether containers approved under transportation rules automatically met OSHA’s bloodborne-pathogen requirements and whether other containers could qualify. OSHA said its rule judged…

1994-04-07 Opinion Letter April 7, 1994
US

Lutheran Social Services East Region plans as church plans Unknown

A Pennsylvania Lutheran social ministry asked whether its employee benefits were church plans. EBSA said synod control of the ministry and its associated benefits committee met the definition on the…

Advisory Opinion 1994-13A Opinion Letter April 4, 1994
US

Morningside Ministries benefit plans as church plans Unknown

A retirement housing ministry founded by Episcopal, Methodist, and Presbyterian churches asked whether its employee benefits were church plans. EBSA said the churches jointly controlled the ministry…

Advisory Opinion 1994-12A Opinion Letter April 4, 1994
US

Review of Washington excavation inspection procedures Unknown

OSHA reviewed Washington’s directive for inspecting excavation work. It said the state procedures were essentially the same as OSHA’s federal inspection instructions and agreed they were at least as…

1994-04-01-0 Guidance April 1, 1994
US

Gloves for routine blood draws under OSHA rules

A hospital phlebotomist asked whether experienced staff could decide not to wear gloves during routine blood draws. OSHA said its federal bloodborne-pathogens rule required gloves because blood…

1994-04-01 Opinion Letter April 1, 1994
US

First-aid medical personnel and emergency eyewash guidance Unknown

A correspondent asked OSHA to define available medical personnel and quick-drenching equipment under its first-aid standard. OSHA said qualified medical advice must be readily available but it did…

1994-03-31-5 Opinion Letter March 31, 1994
US

Toeboards over an inaccessible water tank Unknown

A company asked whether a walkway over a mostly full water tank needed toeboards when workers were barred from entering the tank. OSHA said toeboards protect workers below from falling tools and…

1994-03-31-3 Opinion Letter March 31, 1994
US

Safety standards for commercial battery shops

A correspondent asked which OSHA standards applied to battery charging and related safety equipment. OSHA said the industrial-truck battery rule did not govern commercial shops changing vehicle…

1994-03-31-2 Opinion Letter March 31, 1994
US

Hazard communication duties in a physician's office

A member of Congress relayed a physician's concern about the burden of OSHA's hazard communication rule. OSHA explained that the rule covers hazardous chemicals with potential workplace exposure,…

1994-03-31-1 Opinion Letter March 31, 1994
US

Leakproof secondary containers for specimens

A specimen-bag manufacturer asked whether the secondary container could leak if the primary specimen container failed. OSHA answered that the secondary container must be closable, prevent leakage…

1994-03-31 Opinion Letter March 31, 1994
US

Employer-required substitution of paid FMLA leave

WHD answered union members who wanted paid vacation or sick leave substitution during FMLA leave to be optional. It said the FMLA allowed an employer to require substitution of applicable accrued…

FMLA-33 Opinion Letter March 29, 1994
US

Excavation safeguards during pool wall construction

OSHA addressed pool excavations whose walls served as forms for gunite or shotcrete. It said the usual protective system could make that work infeasible, and listed alternative steps to reduce…

1994-03-28-0 Guidance March 28, 1994
US

Material stacking standards at construction sites

A correspondent asked OSHA for safe ways to stack heavy elevator doors at a construction site. OSHA pointed to its general construction and industry material-storage standards and said they did not…

1994-03-28 Opinion Letter March 28, 1994
CA

Overtime-exempt hours worked in a specifically exempt job don't count toward daily overtime in a mixed workday

A payroll consultant asked whether an employee who works part of a workday in a job covered by a California Wage Order (eligible for daily overtime after eight hours) and then switches to a…

1994.03.25 Opinion Letter March 25, 1994
US

Maternity leave and the FMLA 12-week period

WHD answered four questions about childbirth and maternity leave. It said qualifying disability leave for childbirth could count against the same 12-week FMLA entitlement used for newborn care, and…

FMLA-32 Opinion Letter March 24, 1994
US

Parking-lot injuries and commuting in OSHA logs Unknown

An employer asked about recording employee injuries in company parking areas. OSHA said parking-lot injuries generally were not presumed work related unless the worker was there for work or as a…

1994-03-24-0 Opinion Letter March 24, 1994
US

Recording occupational illnesses on the OSHA 200 Log Unknown

An employer asked how to record occupational illnesses on the OSHA 200 Log. OSHA explained when a condition was work related, which date to enter, and how to handle an illness discovered after…

1994-03-24 Opinion Letter March 24, 1994
US

Lancaster Mennonite Hospitals employee plans as church plans Unknown

A requester asked whether specified Lancaster Mennonite Hospitals employee benefit plans were church plans. EBSA found the defined plans were church plans on the represented facts and excluded from…

Advisory Opinion 1994-11A Opinion Letter March 23, 1994
US

Guarding protruding reinforcing steel

A construction employer asked whether large reinforcing bars protruding from a concrete floor had to be guarded. OSHA said any diameter or length of protruding bar must be guarded where a worker…

1994-03-23 Opinion Letter March 23, 1994
US

Attendance, safety, and production bonuses after FMLA leave Unknown

A requester asked whether attendance, safety, and production bonuses could be reduced or denied because an employee used FMLA leave. WHD’s 1994 letter said some bonuses had to remain available after…

FMLA-31 Opinion Letter March 21, 1994
US

Acid concentrations under process safety rules Unknown

A company asked whether 35 percent hydrochloric acid was covered by OSHA's process safety management rule and how to assess other acids. OSHA said aqueous hydrochloric acid was not covered, then…

1994-03-21 Opinion Letter March 21, 1994
US

Multi-employer health plans during FMLA leave

WHD considered how employers in a multi-employer health plan should maintain coverage during FMLA leave. It said the employer must arrange adequate contributions so coverage continues as though the…

FMLA-30 Opinion Letter March 18, 1994
US

Inspection and removal criteria for wire rope slings

A company asked how to apply OSHA's removal criteria for wire rope slings. OSHA explained when broken wires or wear require immediate removal, how to compare diameter measurements, and the duty to…

1994-03-18-0 Opinion Letter March 18, 1994
US

Messiah Home benefit arrangements as church plans Unknown

A Brethren in Christ retirement community asked whether its employee benefit plans were church plans. EBSA said church control of the home and its associated plan committee met the definition;…

Advisory Opinion 1994-10A Opinion Letter March 17, 1994
US

St. Peter’s Hospital Mercy benefit plans as church plans Unknown

A Mercy hospital asked whether its employee benefit arrangements and those of related institutions were church plans. EBSA said the order’s control of the institutions and benefits committee met the…

Advisory Opinion 1994-09A Opinion Letter March 17, 1994
US

Nazareth Hospital employee plans as church plans Unknown

A Catholic hospital in Philadelphia asked whether its employee benefit plans were church plans. EBSA said the religious order’s control of the hospital and associated plan committee met the…

Advisory Opinion 1994-08A Opinion Letter March 17, 1994
US

United Service Association health trust ERISA and insurance status Unknown

Connecticut regulators asked whether a small-employer association’s restructured health trust was an ERISA welfare plan and fully insured. EBSA could not find that the association was a bona fide…

Advisory Opinion 1994-07A Opinion Letter March 14, 1994
US

Federal OSHA jurisdiction over volunteer firefighters

A volunteer firefighter asked why federal OSHA had not intervened on behalf of his department. OSHA said the Occupational Safety and Health Act excluded states and their political subdivisions from…

1994-03-10-0 Opinion Letter March 10, 1994
US

Sacred Heart Manor benefit arrangements as church plans Unknown

A requester asked whether specified employee benefit plans of a Carmelite nursing home were church plans. EBSA found the defined plans were church plans on the represented facts and excluded from…

Advisory Opinion 1994-06A Opinion Letter March 8, 1994
US

Mercy hospitals’ employee plans as church plans Unknown

A requester acting for Mercy hospitals asked whether their employee benefit arrangements were church plans. EBSA concluded that the Church was deemed the employer under ERISA section 3(33)(C)(iii)…

Advisory Opinion 1994-05A Opinion Letter March 8, 1994
CA

'Cashing in' vested vacation at a discount to current wage rate risks a void wage release

A law firm asked whether an employer, having complied with Labor Code section 227.3 and the Suastez line of cases on vacation, could let employees voluntarily "cash in" vested vacation accrued under…

1994.03.08 Opinion Letter March 8, 1994
CA

Paying exempt employees extra for hours beyond 10 in a day doesn't jeopardize their exempt status

A company's chief operations officer asked whether paying exempt employees for hours worked in excess of 10 in a day would jeopardize their exempt status under the California Industrial Welfare…

1994.03.03 Opinion Letter March 3, 1994
US

Lockout of agitators during confined-space cleaning Unknown

A dairy association asked whether cleaning vats and tanks with unguarded agitators required lockout or tagout. OSHA said the cleaning was servicing, the spaces had to be isolated, and a…

1994-03-03 Opinion Letter March 3, 1994
US

Rebar caps used to prevent impalement Unknown

An OSHA regional office asked about guidance on plastic caps for protruding rebar. OSHA distinguished small pipe or conduit caps, which it said do not prevent impalement, from larger mushroom caps…

1994-02-25 Guidance February 25, 1994
US

Guarding the swing radius of pipe-laying excavators

A contractors' association asked whether crane swing-radius guarding rules applied to excavators placing pipe. OSHA said no construction standard specifically addressed that operation, but the…

1994-02-23-0 Opinion Letter February 23, 1994
US

When hospitalization triggers OSHA incident reporting Unknown

An employer asked when multiple employee hospitalizations had to be reported under then-current OSHA rules. OSHA said an employee counted as hospitalized when admitted on an inpatient basis;…

1994-02-22 Opinion Letter February 22, 1994
US

Franciscan Health System employee plans as church plans Unknown

A Franciscan order asked whether benefit plans at its health system and eleven facilities were church plans. EBSA said church control of the institutions and associated plan committees met the…

Advisory Opinion 1994-04A Opinion Letter February 17, 1994
US

Addison Community Hospital pension as governmental plan Unknown

A Michigan community hospital asked whether its pension plan was governmental after its public hospital authority filed for bankruptcy. EBSA said the authority and hospital were government…

Advisory Opinion 1994-03A Opinion Letter February 17, 1994
US

Material safety data sheets in a dental compendium

A dental publisher asked whether manufacturers could meet OSHA's material safety data sheet duties by supplying a compendium to dentists. OSHA said a book could work if employers actually received…

1994-02-17 Opinion Letter February 17, 1994

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