Guidance Search

CPL 02-01-045 [CPL 02-01-045] - National - Citation Guidance Related to Tree Care and Tree Removal Operations - 08/21/2008 - PDF

CPL 03-00-009 - OSHA Instruction; National Emphasis Program-Lead - 08/14/2008

Provides information to employers and employees to the hazards associated with slab handling, transport and storing, loading and unloading operations, and gives recommendations to lessen the potential for employee injuries when performing these operations

Requirement for annual BBP training for tattooing and body piercing artists and the use of written interpretations in the BBP training program. - [1910.1030; 1910.1030(g)(2); 1910.1030(g)(2)(vii)]

Requirements for labels and material safety data sheets for distributors of lumber. - [1910.1200; 1910.1200(b)(6)(iv); 1910.1200(f)(2)(i); 1910.1200(g)(7)(iii)]

Chemical manufacturer's responsibility with regard to inorganic arsenic under OSHA's Hazard Communication Standard. - [1910.1018; 1910.1018(a); 1910.1018(b); 1910.1018(p)(3); 1910.1200; 1910.1200(b)(2); 1910.1200(c)]

Whether a combination course can meet refresher training requirements in 1910.120(e)(8) and the OSHA 10-hour construction industry outreach program. - [1910.120; 1910.120(e)(8)]

Whether the Demolition standard applies to moving a residential structure. 29 CFR 1926 Subpart T - Demolition. - [1926.850; 1926.860; 1926 Subpart T]

Oil-filled transformers and underground construction. - [1926.800(s)(3)]

Whether an employee can waive right to have untested blood maintained for 90 days. - [1910.1030; 1910.1030(f)(3)(iii)(B)]

Whether to record two cases of employee injuries sustained in company parking lot during employees commute to work. - [1904; 1904.5(a); 1904.5(b)(1); 1904.5(b)(2)]

Vaught, Lori

Whether, after all outstanding claims for benefits have been satisfied, the Trust may be amended to permit its surplus assets to be transferred, in accordance with the terms of the trust document, to a charitable organization that is not a party in interest.

Refresher training requirements for Class III asbestos work and training for excavations disturbing soil with ACM. - [1926.1101; 1926.1101(b); 926.1101(g); 1926.1101(k)(9); 1926.1101(k)(9)(ii); 1926.1101(k)(9)(v); 1926.1101(k)(9)(viii)]

The purpose of these FAQs is to provide guidance to plan administrators and service providers on complying with the requirements of the 2009 Form 5500 Schedule C.

Handbook supersedes the previous Petitions for Modification Handbook (for Coal and M/NM Mines Release Number 89-I-1) and any related MSHA Directives.

This letter addresses the prudence and exclusive purpose requirements of ERISA as they relate to the expenditure of plan assets on organizing and collective bargaining-related activities.

Explains the final rule on mine rescue teams serving underground coal and metal and nonmetal mines and the use of rescue equipment technology in a Q&A format.

School district pay schedule pays mw and OT correctly

Jailers would qualify for the 7(k) partial exemption as law enforcement personnel

Ambulance service personnel on-call time is compensable in winter but not in other seasons under 785

Storage and use of compressed gas cylinders; whether cylinder is considered an oxidizing compressed gas or oxygen cylinder. - [1910.101; 1910.101(a); 1910.101(b); 1910.1200; 1910.1450]

Guarding and the use of abrasive wheels in CNC contouring machines. - [1910.212; 1910.212(a); 1910.215; 1910.215(a); 1910.215(a)(1); 1910.215(a)(2); 1910.215(a)(2)(i)]

Footwear is not a uniform so voluntary deductions to buy them is in compliance with 531

Meal and break time questions under 785/hours worked

Clarification of Scope of Consideration Rule in 20 CFR § 656.10(b)(2)

Requirements for air receivers installed after August 27, 1971 and periodic retesting. - [1910.169; 1910.169(a)(2)(i)]

Firm's salespersons meet the tests for the outside sales exemption under 13(a)(1)

Clarification of the use and selection of BBP safety devices. - [1910.1030; 1910.1030(b); 1910.1030(c)(1)(ii)(A); 1910.1030(c)(1)(ii)(B); 1910.1030(c)(1)(iv); 1910.1030(c)(1)(iv)(A); 1910.1030(c)(1)(iv)(B); 1910.1030(c)(2); 1910.1030(d)(2)(i)]

Longitudinal spacing of egress steps in concrete drainage channels.

Clarification of OSHA denial of FirePASS's variance request and respiratory protection requirements in oxygen-deficient atmospheres. - 1910.134; 1910.134(d)(2)(iii)]

Employer payment for lineman belts and hooks when the equipment is used to comply with an OSHA standard. - [1910.132; 1910.132(h)]

Guidance on recurring questions raised concerning the scope and meaning of various provisions of the final QDIA regulation.

Use of a "hybrid" course to meet training requirements for both a general site worker and a hazardous materials technician under HAZWOPER. - [1910.120; 1910.120(e); 1910.120(e)(2)(i); 1910.120(e)(3)(i); 1910.120(q); 1910.120(q)(6)(iii); 1910.120(q)(6)(iii

Employee meets the test for the administrative exemption under 13(a)(1)

Clarification of the requirement to provide accurate and current hazard information on an MSDS. - [1910.1200; 1910.1200(g)(2)(xi)]

Placement of sharps containers and requirement to ensure they are maintained in an upright position. - [1910.1030; 1910.1030(c); 1910.1030(d)(4)(iii)(A)(2)(ii)]

Describes the hazards associated when an auger strikes material beneath the surface, contact with underground utility installations such as gas, fuel, or electric lines or overhead power lines such as electrical distribution and transmission lines.

Alerts employers, employees and manufacturers to the hazards involved during the use of chippers, and the unique hazards associated with operating a chipper equipped with a winch line assembly, and provides recommended safe work practices.

Request to provide list of corrosive materials and concentrations requiring use of emergency eyewashes and showers. - [1910.132(d); 1910.133(a)(1); 1910.151(c)(1); 1910.1200(c); 1910.1200(g); 1926.50(g)]

Use of jack stands in the stabilization of semi-trailers. - [1910.178; 1910.178(k)(3)]

Whether a pH buffer solution can be used as a cleansing agent for employees who work with portland cement. - [1910.141(d)(2); 1910.141(d)(2)(i); 1910.141(d)(2)(ii); 1910.141(d)(2)(iii); 1910.141(d)(2)(iv); 1915.97(b); 1926.51(f)(1)]

Whether proposed arrangements by a U.S. bank for maintaining the indicia of ownership of "plan assets" held by foreign pooled investment funds would be in compliance with the requirements of ERISA section 404(b).

The fact sheet provides an overview of the regulation under the Pension Protection Act that provides a safe harbor for employers in selecting default investments that best serve the retirement needs of workers who do not direct their own investments.

Requirements for spray booth when spraying water-based paint. - [1910.94; 1910.94(c); 1910.94(c)(2); 1910.94(c)(8); 1910.107]

Clarification of employer's obligation to include social security numbers on employee exposure records. - [1910.1025; 1910.1025(d)(5); 1910.1025(n)(1)(i); 1910.1025(n)(1)(ii)(D); 1910.1026]

Describes an incident where a fire and explsoion occurred when vacuum truck off-load flammable liquid wastes.

Whether ERISA would preempt an action by a State Medicaid Agency to recover Medicaid benefit payments made on behalf of individuals who are also participants in ERISA-covered private health insurance plans that require prior authorization for covered health care items or services.

Public agency employees may substitute for each other under 7(p)(3)

Lockout/Tagout

CPL 03-00-008 - Combustible Dust National Emphasis Program (Reissued) - 03/11/2008

7(p)(2) allows for some"occasional and sporadic " work in civilian functions for law enforcement personnel

Purchasing agents meet the tests for administrative exemption under 13(a)(1)

Determining whether an aircraft fuel tank is considered a confined space. - [1910.146; 1910 Subpart Z]

protecting employees dealing with hazardous waste operations and emergency response

Employee cannot volunteer to perform the same services he is paid to perform for the same employer

Plant managers meet the test for executive exemption under 13(a)(1)

Whether employees who are verifying that an electrical system is de-energized or are turning off circuit breakers are required to use personal protective equipment. - [1926.95(a); 1926.416(a); 1926.416(a)(1); 1926 Subpart K]

Compliance with electric power generation transmission and distribution requirements for testing of fiberglass insulating tools. - [1910.269; 1910.269(j)(1); 1910.269(j)(1)(iii); 1910.269(r)(1)(iv)]

Whether employers may designate an outside consultant as the Chemical Hygiene Officer under 1910.1450. - [1910.1450; 1910.1450(b)]

Guidance addressing what types of health promotion or disease prevention programs offered by a group health plan must comply with the Departments final wellness program regulations and how a plan should determine whether such a program is in compliance wi

Whether the minimum salary of $23,660 per year or $455 per week required under 29 C.F.R. § 541.600 may be prorated to reflect the part-time status of an employee.

A method to properly track an employee's time working while participating in training from home under 516

CPL 02-00-147 [CPL 02-00-147] - National - The Control of Hazardous Energy - Enforcement Policy and Inspection Procedures - 02/11/2008 - PDF

Storage requirements for discarded filters/pads and for water-filled metal containers in 1910.107. - [1910.107; 1910.107(b)(5)(ii)]

Whether section 514(a) of ERISA preempts a Kentucky state law that requires an employer to obtain written consent before withholding amounts from an employee's wages for contribution to an ERISA-covered group health or other welfare benefit plan.

Whether the material storage requirements in 1926.250(a)(1), (b)(6) and (b)(7) apply to stored and stacked brick and masonry blocks that remain completely secured as shipped (interlocked, banded, shrink-wrapped, or similarly bound for shipment) - [1926.25

Clarification of NIOSH's obligation under OSHA to receive and maintain employee exposure and medical records. - [1910.1020; 1910.1020(h); 1910.1020(h)(1); 1910.1020(h)(3); 1910.1029(e); 1910.1029(j); 1910.1029(m)(3); 1910.1029(m)(4)]

Whether shutting off the truck and disabling controls is a sufficient means of demonstrating that no employee would be endangered under 1910.269(p)(1)(iii). - [1910.269; 1910.269(p)(1)(iii)]

Guidance on the responsibilities of named fiduciaries and trustees of ERISA-covered plans for the collection of delinquent employer and employee contributions.

PSM coverage of utility systems; whether 1910.269 preempts the PSM standard for power generation facilities that serve covered processes. - [1910.119; 1910.119(a)(1)(i); 1910.119(a)(1)(ii); 1910.119(b); 1910.119(j)(1); 1910.180(d); 1910.269; 1910.269(a)(1

Use of paper towels instead of electric blow dryers in public restrooms. - [1910.141; 1910.141(d)(2)(iv)]

Describes how workers exposed to latex containing product can become sensitize to latex.

Use of a PLC system as an alternative measure which provides effective protection for minor servicing activities. - [1910.147; 1910.147(a)(2)(ii); 1910.147(b)]

CPL 02-02-074 [CPL 02-02-074] - National - Inspection Procedures for the Chromium (VI) Standards - 01/24/2008 - PDF

Whether the definition of Affiliate in the Underwriter Exemptions includes an entity that is an affiliate of an Affiliate of a member of the Restricted Group as those terms are defined in the Underwriter Exemptions.

Clarification on trainer requirements and access to trainer under OSHA's bloodborne pathogens standard. - [1910.1030; 1910.1030(g)(2)(vii)(N); 1910.1030(g)(2)(viii)]

Highlights information to help make young workers more aware of potential workplace hazards and provides possible solutions to those hazards to foster a more positive and rewarding work experience.

Applicability of OSHA's bloodborne pathogens standard to the containment and disposal of electric razors in correctional facilities and health care settings. - [1910.1030; 1910.1030(d)(4)(iii)(A); 1910.1030(d)(4)(iii)(B); 1910.1030(d)(4)(iii)(C); 1910.103

You may file a complaint with OSHA if your employer retaliates against you with unfavorable personnel action because you reported a potential environmental violation.

The applicability of section 7(p)(1) of the Fair Labor Standards Act (FLSA) to officers of the City’s Police Department who perform security duties during their off duty hours.

Clarification of requirements for storage and use of flammable and/or combustible liquids. - [1910.106; 1910.106(b); 1910.106(b)(4)(ii); 1910.106(e); 1910.106(e)(2)(ii)(c); 1910.106(e)(2)(iii); 1910.106(e)(2)(iv)(d); 1910.106(e)(3)(v)(a); 1910.106(e)(3)(v

Clarification of OSHA's requirement for 'quiet time' before audiometric testing. - [1910.95; 1910.95(g)(5)(iii)]

This letter addresses the impermissible use of pension plan assets to further public policy and political activities through proxy resolutions that have no connection to enhancing the value of a plan’s investment in a company, further clarifying the application of Interpretive Bulletin 94-2 (29 CFR § 2509.94-2).

Whether certain skylights meet the cover criteria of 1926 Subpart M. - [1926.501(b)(4); 1926.501(b)(4)(i); 1926.502(i); 1926.502(i)(2); 1926.754(e)(3)(i); 1926.754(e)(3)(iv); 1926 Subpart M]

Whether it is permissible for an employee to remain in a trench box when materials are being lowered into it by a backhoe. - [1926.651(e)]

Are podium ladders covered under 29 CFR 1926 Subpart X or Subpart L? - [1926.450(a); 1926.450(b); 1926.452(w); 1926 Subpart L; 1926 Subpart X]

Guidance addressing the circumstances under which supplemental health insurance coverage satisfies the requirements for excepted benefits under sections 732(c)(3) and 733(c)(4) of ERISA.

Clarification on the requirement for a written opinion from an examining physician.

Clarification of HAZWOPER training requirements as they apply to an employee of the town of Windsor, VT. - [1910.120; 1910.120(a)(1); 1910.120(e); 1910.120(e)(1); 1910.120(e)(2); 1910.120(e)(3); 1910.120(e)(4); 1910.120(e)(9); 1910.120(q); 1910.120(q)(6)(

Whether OSHA requirements prohibit working from a portable stepladder and, if not, whether fall protection is required. 29 CFR 1926.1053(b). - [1926; 1926.500(a)(2)(vii); 1926; 1926.1053(b); 1926.1053(b)(3); 1926.1053(b)(4); 1926.1053(b)(13); 1926 Subpart

Whether under 1926.550, a crane may be left unattended with its spreader bar suspended; where in 1926.550 of Subpart N, other than in 1926.550(g), is the use of tag lines referenced; how are "cable lugs" used under 1926.351(b)(3). - [1926.351(b); 1926.351

Whether the "Clear Gear Lanyard Elevator" conforms to OSHA construction standards. - [1926.502; 1926.502(d)]

FAQs on the LMRDA union officer election requirements.

Whether crane lifting devices are considered to be part of the load and are allowed to be hoisted over personnel. - [1910.179; 1910.179(n)(3)(vi)]

Glove bag requirements for outdoor removal of intact and non-intact asbestos-containing gaskets under 1926.1101. - [1926.1101; 1926.1101(b); 1926.1101(g)(4)(ii)(A); 1926.1101(g)(4)(ii)(B); 1926.1101(g)(5); 1926.1101(g)(8)(iv)(A); 1926.1101(g)(9); 1926.110

Requirement to determine, in advance, whether employees are likely to disturb ACM or PACM and to train accordingly. - [1910.1001; 1915.1001; 1926.1101]