Guidance Search
The Department of Labor provides this guidance search tool as a single, searchable location where users may search for guidance issued by any of the Department’s agencies, including significant guidance documents under Executive Order 12866. Individual guidance documents are maintained on the various agency websites, and if you know what agency you are looking for, you may also find guidance by navigating directly to that agency’s website. The Code of Federal Regulations and the Federal Register, which are not maintained by the Department, also include some of the Department’s interpretations of law and similar material.
The Department and its agencies issue guidance to provide clarifying information and technical assistance to the public on existing statutory and regulatory rights and obligations, inform the regulated community about best practices, and provide other useful information. The contents of these documents do not have the force and effect of law and are not meant to bind the public in any way, except as authorized by law or incorporated into a contract, cooperative agreement, or grant.
Members of the public may petition the Department to modify or withdraw specific guidance documents. To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.
Petitions to Modify or Withdraw a DOL guidance document may also be submitted by mail at the address below. Petitions should identify the specific guidance document by name and include your reason(s) for requesting withdrawal or modification.
U.S. Department of Labor
Office of the Executive Secretariat
200 Constitution Ave NW
Washington, DC 20210
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Whether radiology technologists (RTs) qualify for the professional exemption under section 13(a)(1) of the FLSA and 29 C.F.R. Part 541.1
Detachable vs. permanent side shields for safety glasses; modifications to safety glasses. - [1910.6; 1910.333; 1910.133(a)(2); 1910.133(b)(1); 1915.153; 1915.153(a)(2)]
Whether shielding is required when removing Becton Dickinson's blood tubes with a Hemoguard® closure. - [1910.1030; 1910.1030(d)(2)(i); 1910.1030(d)(3)(x)]
Whether urine containers and pregnancy tests need to be discarded in biohazard containers. - [1910.1030(b)]
Re: Subpart L; scaffolds; Companion Rail, rail extensions for mobile scaffolds; 1926.451. - [1926.451; 1926.451(a); 1926.451(g)(1); 1926.451(g)(4)(i); 1926.452; 1926.452(w)]
Responsibility of chemical manufacturers and importers to provide MSDSs to one or more establishments owned and managed by same employer. - [1910.1200; 1910.1200(g)(6)(i)]
Wearing short-sleeved shirts while performing a thermal spray operation with exposure to hexavalent chromium fumes. - [1910.132; 1910.1026(h)(1)]
Whether sales associates qualify for the outside sales exemption under section 13(a)(l) of the FLSA
Whether sales employees employed by members a trade association qualify for the outside sales exemption under section 13(a)(1) of the FLSA.
The application of Section 13(a)(1) of the FLSA and 29 C.F.R. Part 5411 to a superintendent.
Whether timeshare salespeople at resort properties may qualify for the outside sales exemption from the minimum wage and overtime requirements provided by section 13(a)(1) of the FLSA.
Acceptable time lapse for "annual" training. - [1910.1030; 1910.1030(g)(2)(v)]
Locked first aid cabinets in the workplace. - [1910.151(b)]
Whether transactions between a broker-dealer and a separate account managed by a QPAM under a 401(k) plan fail to satisfy section I(a) of PTE 84-14 where plan participants investing in such account receive investment allocation advice from a subsidiary of the broker-dealer.
The use of safety-engineered devices and work practice controls in operating rooms; hospital responsibility to protect independent practitioners under BBP standard. - [1910.1030; 1910.1030(c)(1)(iv)]
Discusses MSPA transportation requirements and when a transportation arrangement is considered a vountary carpool vs provided by the ER or FLC - very important guidance letter
OSHA requirements for providing training for first aid, CPR, and BBP for prompt treatment of injured employees at various workplaces. - [1910.151; 1910.151(b); 1910.266; 1910.266(i)(7); 1910.269; 1910.269(b); 1910.1030; 1910.1030(b); 1910.1030(g)(2); 1926
Requirement for facility owners to notify tenants or employers of presence of ACM and PACM. - [1910.1001; 1910.1001(j)(2)(iii); 1926.1101; 1926.1101(k)(2)(i); 1926.1101(k)(2)(ii)(D)]
Annual BBP training requirement for employees who have been provided more stringent training under 32 CFR Part 627 and the CDC-NIH BMBL publication. - [1910.1030; 1910.1030(g)(2)(ii)]
Whether dental anesthetic carpules are considered to be "contaminated sharps" or "regulated waste". - [1910.1030; 1910.1030(b); 1910.1030(d)(4)(iii)(A); 1910.1030(d)(4)(iii)(B)]
Use of rapid HIV antibody testing on a source individual after an exposure incident. - [1910.1030; 1910.1030(f)(3)(ii)(A)]
Application of the Lockout/Tagout standard to die-setting activities and other machine setup operations. - [1910.147; 1910.147(a)(2)(ii); 1910.147(a)(2)(iii)(A); 1910.147(b); 1910.212]
Whether copy editors and senior copy editors qualify as "administrative" employees under section 13(a)(1) of the FLSA and 29 C.F.R. Part 541, 1 and, therefore, are exempt from the minimum wage and overtime pay requirements of the FLSA.
Whether Location Managers employed in the motion picture industry are exempt from the minimum wage and overtime requirements of the FLSA as administrative employees.
This Advisory Opinion Opinion Letter concludes that a self-directed IRA‘s investment in notes of a corporation, a majority of whose stock is owned by the son-in-law of the IRA owner, would be a prohibited transaction under the Internal Revenue Code.
Continuous industrial processes and the infeasibility of de-energizing equipment under 29 CFR 1910.333. - [1910.333; 1910.333(a)(1)]
Guidance regarding the minimum wage and overtime exemption for certain employees in the computer field under sections 13(a)(1) and 13(a)(17) of the Fair Labor Standards Act (FLSA) and 29 C.F.R. §§ 541.400-402.
Clarification of use of the annual audiogram in place of the baseline. - [1910.95; 1910.95(g)(9)]
Whether a Boat Captain position can be exempt from the overtime pay requirement of the FLSA as an "employee employed as a seaman" pursuant to section 13(b)(6) of the FLSA and 29 C.F.R. Part 783.1.
Whether inspections for portable fire extinguishers can be reduced from monthly to quarterly intervals. - [1910.155; 1910.155(c)(27); 1910.157; 1910.157(d)(3); 1910.157(e); 1910.157(e)(2)]
Whether certain "registered representatives" in the financial services industry qualify for the administrative exemption under section 13(a)(1) of the FLSA and 29 C.F.R. Part 541.1.
Qualifications required under 1910.269 for entry into manholes/vaults to perform work on energized conductors. - [1910.146; 1910.269; 1910.269(a)(2); 1910.269(a)(2)(ii); 1910.269(e)(2); 1910.269(l)(1); 1910.269(l)(2); 1910.269(t)]
OSHA requirements for warning signs and protection from electric-arc-flash hazards and compliance with NFPA 70E-2004. - [1910.5; 1910.5(c)(1); 1910.5(f); 1910.132; 1910.145; 1910.303; 1910.303(e); 1910.333; 1910.333(a)(1); 1910.333(b)(2); 1910.335; 1910.3
Use of "objective data" to accurately characterize employee exposures to hexavalent chromium during welding operations. - [1910.1026(d)(3); 1926.1126(d)(3)]
Notification of alternative control methods for Class I asbestos work no longer required; notification requirement eliminated. - [1926.1101]
Whether deductions for bad checks or other cash shortages from bonus payments made to salaried exempt employees are permissible and whether the deductions would affect their exempt status under section 13(a)(1) of the FLSA.
Updating the OSHA 300 Log to show changes in classification of previously recorded injuries/illnesses. - [1904.33; 1904.33(b)(1)]
Principe, William
Guidance addressing recurring questions about FAB 2004-01 and the evolving practices regarding offering HSAs.
Whether certain employee classifications (Executive assistants and administrative assistants) fall within the administrative, executive, or professional exemptions contained in section 13(a)(1) of the FLSA and 29 C.F.R. Part 541.1.
Whether instructors at a career school qualify as exempt teachers under the FLSA section 13(a)(1).
Whether the position of Information Technology (IT) Support Specialist qualifies for exemption under section 13(a)(1) of the FLSA.
What consistutes a single employer for overtime purposes and whether an employee can waive their overtime compensation.
The use of non-exempt school system staff to assist with coaching sports or other extracurricular activities, either as volunteers or as additional duties.
Guidance on good faith compliance with ERISA's pension benefit statement provisions in light of amendments under the Pension Protection Act, pending the issuance of regulations by the Department.
Fall protection requirements for tankers/trailers and OSHA jurisdiction over facilities regulated by DOE.
Use of live-line tools and exemption to the requirement for at least two employees to be present during work on an energized part. - [1910.137; 1910.269(j); 1910.269(l)(1)(i); 1910.269(l)(1)(ii); 1910.269(l)(2); 1910.269(l)(3); 1910.269(m); 1910.269(m)(1)
Incorporation of NFPA 70E-2000 into OSHA standards. - [1910 Subpart S]
The application of section 13(a)(3) of the FLSA to employees of a client who provides vacation excursions of three to ten days on small American-flagged vessels.
Federal OSHA has no jurisdiction over State, municipal, or volunteer fire departments.
OSHA standards do not apply to state university employees.
Use of LOTO device on equipment placed in "out of service" status not related to servicing or maintenance. - [1910.147; 1910.147(a)(1)(i); 1910.147(c)(5)(ii)]
Whether a city and a board are separate public agencies under the FLSA for purposes of determining whether the hours police officers work must be aggregated for overtime purposes when police officers work for both entities.
This letter provides guidance on dental insurance plan as a group health plan; and continuation of benefits for instructional employees during summer vacation.
Requirements for embroidery on flame-resistant clothing under 29 CFR 1910.269. - [1910.269; 1910.269(l)(6)(iii)]
Whether a fiduciary of a defined benefit plan may, consistent with the requirements of section 404 of ERISA, consider the liability obligations of the plan and the risks associated with such liability obligations in determining a prudent investment strategy for the plan.
The application of the FLSA to firefighters who wish to switch from part-time employee status to volunteer status.
Payment of overtime compensation under the FLSA to civilian public safety dispatchers employed by your client (the City).
Whether wilderness expedition course instructors, assistant instructors, course directors, and logistic support personnel are exempt under the FLSA section 13(a)(3).
Guarding requirements for skylights and "grandfather" provisions for buildings constructed over twenty years ago. - [1910.23; 1910.23(a)(4)]
Lockout and tagging of circuits; §1926.417 - [1926.417; 1926.417(a); 1926.417(b); 1926 Subpart K]
Requirements for developing entry procedures for permit-required confined spaces. - [1910.146; 1910.146(c)(2); 1910.146(c)(3); 1910.146(c)(8); 1910.146(d)(3)]
The application of the executive and administrative exemptions in section 13(a)(1) of the FLSA to two Community Events Supervisors (CESs) employed by a municipality (the City) with a population of 96,000.
Whether a store manager must physically or in person supervise two full-time employees or their equivalent under the executive exemption of the FLSA section 13(a)(1).
Whether a specifc sick/vacation leave plan qualifies as a bona fide plan under the regulations implementing section 13(a)(1) of the FLSA.
Whether propane gas service center drivers qualify for exemption under section 7(i) or 13(a)(1) of the FLSA.
Guardrail requirements for two point suspension scaffolds. - [1926.451; 1926.451(b)(3); 1926.451(g)(1)(ii); 1926.451(g)(1)(vi); 1926.451(g)(4)(i)]
Request for OSHA national policy banning guns from the workplace and OSHA enforcement policy regarding workplace violence.
Exempt status under the FLSA of your Case Managers who work with people who have developmental disabilities
An otherwise exempt execuitve manager who performs the duties described in the letter would remain exempt.
This letter examines whether Loss Prevention Managers employed by a large retail business qualify for the administrative exemption under the FLSA Section 13(a)(1).
Use of fixed ladders constructed prior to the effective date of 29 CFR 1926 - Subpart X. - [1926.1053; 1926.1053(a)(4)(i); 1926.1053(a)(6)(i); 1926.1053(a)(18); 1926.1053(a)(19); 1926.1060]
When protective measures must be installed after a hole is created on a construction worksite. - [1926.500; 1926.500(b); 1926.501; 1926.501(b)(4)]
Conditions allowing the use of insulating gloves without the use of insulating sleeves when working on or near exposed energized parts. - [1910.269; 1910.269(l); 1910.269(l)(2)(i); 1910.269(l)(3); 1910.269(l)(3)(i); 1910.269(l)(3)(ii)]
Use of the BoaGripTM sling to move compressed-gas cylinders in general industry. - [1910.101; 1910.101(b); 1910.253; 1910.253(b)(5)(ii)(A)]
Several questions regarding OSHA's LOTO and Bakery standards 29 CFR 1910.147 and 1910.263. - [1910.147; 1910.147(a)(2)(ii); 1910.147(b); 1910.147(f)(1); 1910.212; 1910.212(a)(2); 1910.219; 1910.219(m)(1); 1910.263; 1910.263(l)(9)(ii)]
Request for a Determination as to the Applicability of 1910.107 to Truck Bed Spray-On Lining Operations. - [1910.94; 1910.94(c); 1910.106; 1910.106(j)(5); 1910.107; 1910.107(m); 1910.108]
Whether Chevy Chase Trust Company (CCTC) would be considered a bank, and whether certain collective investment funds for which CCTC acts as trustee would be considered to be maintained by a bank for purposes of PTE 91-38.
Staff-to-resident ratio in a nursing home and workplace violence.
This letter examines numerous hypothetical questions concerning "same type of services" and "same public agency" and "nominal fee" as applied to individuals volunteering for, or employed by, a public agency.
Recording an injury when physician recommends restriction but no restricted work is available. - [1904.7; 1904.7(b)(3); 1904.7(b)(4)(i)]
Brooker, Joan
Clarification about 29 CFR 1910.333 and 29 CFR 1910.147 as they relate to work inside an electrical panel and on related equipment. - [1910.137; 1910.147; 1910.333; 1910.333(a)(1); 1910.333(a)(2); 1910.333(b); 1910.333(b)(2); 1910.333(b)(2)(iii)(E); 1910.
Whether certain employee benefit programs of the Federal Reserve System are excluded from the requirements of Title I under section 4(b)(1) of ERISA as "governmental plan[s]" within the meaning of section 3(32) of ERISA.
Whether the prohibition on the payment of sales commissions in PTE 77-3 applies to the payment of 12b-1 Fees by a proprietary mutual fund to an unrelated broker.
This letter examines whether holiday pay received by firefighters when they forego certain holidays must be included in the calculation of the regular rate for overtime pay purposes under the FLSA.
This letter examines whether a former City Council member who also worked as a paid firefighter may subsequently volunteer as a firefighter for the City under the FLSA.
The learned professional exemption is not applicable to respiratory therapists because the occupation does not require knowledge of an advanced type that is customarily acquired by a prolonged course of specialized intellectual instruction.
A senior legal analyst would not meet the Section 13(a)(1) administrative exemption because they do not meet the discretion and independent judgment in matters of significance requirement. They also would not mee the Section 13(a)(1) professional exemption because an advanced specialized academic degree is not a standard prerequisite for entry into the field.
Approval of employee-furnished equipment for use in hazardous locations; definition of "electric utilization equipment." - [1910.303; 1910.303(b)(1); 1910.399]
Determining whether Active Release Techniques (ART) constitutes first-aid or medical treatment. - [1904.7(b)(5)(ii)]
Leahy, Michael
Clarification of supervisor accessibility to individual field-lock keys in a group lock box under 1910.269. - [1910.269; 1910.269(d); 1910.269(d)(7)(iv); 1910.269(d)(8); 1910.269(d)(8)(i)]
Whether it is mandatory to use a wet saw when cutting brick or concrete block. - [1926.55; 1926.55(a); 1926.702; 1926.702(i)(2)]
Group LOTO and supervisor's accessibility to individual employee lock when employee is not available to remove lock. - [1910.269; 1910.269(d)(7)(iv); 1910.269(d)(8); 1910.269(d)(8)(i); 1910.269(d)(8)(i)(A)]
Pressure vessels used at oil and gas extraction/production facilities and applicability of 29 CFR 1910.106. - [1910.106; 1910.106(a)(19); 1910.106(b); 1910.106(b)(1)(v); 1910.106(b)(1)(v)(b); 1910.106(i)(3)(i); 1910.106(i)(3)(ii); 1910.119; 1910.169]
Wearing "Crocs" brand shoes with a partially open heel and a covered toe in a pharmacy setting. - [1910.132; 1910.136; 1910.136(a)]
The Board of Education has met the recordkeeping requirements under Part 516 including the date of payment and the pay period covered by payment requirements.
Applicability of 29 CFR 1910.178 to pick-up trucks such as Ford Ranger, Chevrolet S-10 and Dodge 1500. - [1910.178; 1910.178(a)(1)]
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