Guidance Search

Describes revised religion-related requirements applicable to Job Corps

Whether ladders must be provided for access/egress for employees climbing columns to make initial connections; whether the initial connection referenced in Question #42 of Directive Number CPL 02-01-034 must be by two wrench-tight bolts? - [1926.756; 1926

This letter provides guidance on overtime pay requirements and minimum wage requirements of any employee of a carrier by air subject to the provisions of Title II of the Railway Labor Act.

This letter provides guidance on poilice chief, and the executive, administrative, and professional employee exemptions.

This letter provides guidance on whether time spent volunteering  at the annual 5K and 10K run hosted by the employer is considered hours worked under the FLSA.

This letter provides guidance on the initial medical certification; and 2nd or 3rd opinions.

Chocking of trailers at United States Postal Service facilities. - [1910.178; 1910.178(k)(1); 1910.178(m)(7)]

Safety precautions, PPE, and immunizations for workers in waste water treatment facility. - [1910.1030]

Employer obligation to provide access to entire OSHA 300 Logs, including names of both union and non-union employees. - [1904; 1904.29; 1904.29(b)(6); 1904.29(b)(9); 1904.35(b)(2); 1904.35(b)(2)(iv)]

Revising baseline audiogram when there is a standard threshold shift in only one ear. - [1910.95(g)(9)(i); 1910.95(g)(10)]

This letter provides guidance on volunteer reserve deputies as employees, and the overtime pay requirements.

This letter provides guidance on firefighters and the overtime pay requirements.

O'Connor, Thomas

Acceptability of DOT labeling requirements in lieu of OSHA's labeling requirements for shipments of biohazardous materials. - [1910.1030(g)(1)(i)]

Applicability of the bloodborne pathogens standard to persons who self-administer injectable medications. - [1910.1030(b); 1910.1030(d)(2)(i); 1910.1030(d)(2)(vii)(B); 1910.1030(d)(4)(iii)(A)]

Building owner's requirement to determine and communicate the hazrds from installed ACM and PACM. - [1926.1101(b); 1926.1101(k)(1); 1926.1101(k)(2); 1926.1101(k)(3)]

This letter provides guidance on whether gratuities imposed upon customers may be used towards the minimum wage and overtime requirements.

This letter provides guidance on whether FLSA enterprise coverage applies to a 501(c)(3) tax-exempt non-profit corporation that provides a home and care for dependent, neglected or pre-delinquent children.

Kader, Roy

Whether the Dunkin' Donuts Franchisee & Distribution Center Health Plan is a MEWA as defined in ERISA section 3(40) and whether it is "fully insured" within the meaning of ERISA section 514(b)(6)(d).

This letter provides guidance on regional advocates for individuals with disabilities and the administrative exemption.

This letter provides guidance on mechanical or electrical sales, and the professional employee exemption.

This letter provides guidance on teachers, and the professional employee exemption.

This letter provides guidance on volunteers under the FLSA.

This letter provides guidance on timber land operations, and the overtime exemptions.

Regarding the application of the significant participation test in 29 CFR § 2510.3-101(f) to an investment in an entity by a wholly owned subsidiary of an insurer's general account which holds plan assets for purposes of determining whether that entity holds plan assets.

What OSHA construction standards govern the use of pneumatic hand tools used in construction for cleaning concrete forms, bridge decks and roads? - [1926.302(b)]

This letter provides guidance on the placement of child for foster care or adoption.

This letter provides guidance on whether to include the bonus from the previous year when calculating the bonus of the current year with the employer's incentive bonus plan.

This letter provides guidance on court reporters and court coordinators, and enterprise coverage of public agency and exception of certain employees.

County employed court reporters and the application of the FLSA section 3(e)(2)C)(i)(II) coverage exception for an employee employed by a state or local government who, among other things, is not subject to the agency's civil service laws.

This letter provides guidance on accountants paid on fee basis, and the salary basis requirements.

This letter provides guidance on insurance claims adjusters and the administrative exemption.

This letter provides guidance on the creative professional exemption.

This letter provides guidance on medical equipment installation technicians , and the Motor Carrier Exemption.

Lockout/tagout requirements for servicing manually-controlled vertical/horizontal milling machine and drill press tool changes. - [1910 Subpart O; 1910 Subpart S; 1910.147; 1910.147(a)(2)(ii); 1910.147(a)(2)(iii)(A); 1910.212; 1910.212(a)(3)(iv)]

Revision of the applicability of the steel erection standard to pre-cast concrete erection work interpretation. - [1926.704(e)]

Respirator breathing air cylinders must be maintained in a fully chargd state, regardless of cylinder size, and recharged when pressure falls below 90% of full charge. - [1910.134(h)(3)(iii)]

This letter provides guidance on nurse practioners, and the executive, administrative, and professional employee exemptions.

This letter provides guidance on background investigators, and the administrative employee exemption.

Approval requirements for replacement, modification, repair, or rehabilitation of electrical utilization equipment. - [1910.7; 1910.302(b)(2); 1910.303(a); 1910.399]

Engineering controls for removal of asbestos-containing construction mastic (Class II work operations). - [1926.1101(g)(7); 1926.1101(g)(8)]

This letter provides guidance on private express mail delivery, and overtime pay provisions.

PIT operator's triennial performance evaluation requires demonstration of both knowledge and skills for safe operation of vehicle. - [1910.178; 1910.178(l)(4)]

Whether section 514(a) of ERISA preempts amendments to the Washington State Insurance Code that provide for a premium tax and high-risk pool assessment to be paid by self-funded MEWAs.

Adjusting work practices to comply with cave-in protection requirements in §1926.652, Requirements for protective systems in excavations. - [1926.652(g)(2)]

This letter provides guidance on updates to 29 C.F.R. 541 that went into effect on August 23, 2004.

Application of CCPA Title III to property settlements.

Walkways within scaffolds, guardrails, and planking. - [1926.450(b); 1926.451(b)(1); 1926.451(g)(1)(v)]

Use of OSHA Logo restricted to OSHA and Departmental materials.

The requirements for washing facilities on construction jobsites. - [1926.51(f)(1); 1928.110]

Formaldehyde exposure and ergonomic hazards in the embalming/funeral home industry. - [1910.1048(c); 1910.1048(d); 1910.1048(n)]

Machine guarding and exposure to hazards from robotic laundry shuttles. - [1910.147; 1910.212; 1910.212(a)(1)]

Acceptability of a fixed ramp with a one-in-four slope on an industrial conveyor. - [1910.23; 1910.132]

This letter provides guidance on bonus payments included in regular rate of pay.

Use of Transmission Electron Microscopy (TEM) instead of Phase Contrast Microscopy (PCM) to determine asbestos concentrations in air samples. - [1926.1101]

Construction industry asbestos standard, 1926.1101, as applied to the demolition of buildings containing installed asbestos. - [1926.1101]

Applicable regulations when handling waste material classified as "sludge exempt" in regards to the Hazard Communication and HAZWOPER standards. - [1910.120; 1910.120(a)(3); 1910.120(q); 1910.1200; 1910.1200(c)]

Criteria for and training of the hospital Safety Officer per the requirements of the HAZWOPER standard and as discussed in the "Best Practices for Hospital-based First Receivers" guidance document. - [1910.120(q)(3); 1910.120(q)(6)(ii); 1926.65 ]

Whether participation by five employees of the Massachusetts Public Employees Fund would adversely affect the status of the Fund as a governmental plan under section3(32) of ERISA.

Applicability of scaffold fall protection to guardrails near ladder access areas on scaffolds; toeboards across ladder access areas. - [1926.451(e); 1926.451(e)(2); 1926.451(g); 1926.451(g)(1); 1926.451(h); 1926.451(h)(2); 1926.1053(b)(1)]

Moving Mobile Scaffolds. - [1926.452(w)(2); 1926.452(w)(6)]

Requirements for being designated a competent person under Part 1926 Subpart L (Scaffolds). - [1926.450(b); 1926.451(f)(7); 1926 Subpart L]

Whether it is permissible to use a concrete block hanging on a coupling pin as a counterweight to prevent a scaffold from tipping. - [1926.451; 1926.451(a); 1926.451(a)(1); 1926.451(a)(12); 1926.451(b); 1926.451(b)(5); 1926.451(b)(5)(i); 1926.451(b)(5)(ii

OSHA regulations and accident investigation procedures pertaining to carnivals, amusement parks and water parks. - [1975.3]

Whether the Hawaii Tapers Market Recovery Trust is an "employee welfare benefit plan" within the meaning of section 3(1) of Title I of ERISA.

Whether the Painting Industry of Hawaii Labor Management Cooperation Trust Fund is an "employee welfare benefit plan" within the meaning of section 3(1) of Title I of ERISA.

Regarding the claims procedure regulation at 29 CFR 2560.503-1(h)(3) which requires the plan's named fiduciary deciding an appeal of a group health claim denied based on a medical judgment to consult with a physician or other health care professional that is licensed, accredited or certified to perform specified health services consistent with State law.

Installation and use of doormats; adhering edges to concrete surfaces. - [1910.22(a)(1)]

Definition of contaminated sharps; engineering controls and good work practice controls must be implemented; ECP must be reviewed annually. - [1910.1030(b); 1910.1030(c)(1); 1910.1030(d)(2)(i)]

Whether section 514(a) of ERISA would preempt the application of certain leave substitution provisions in the Washington State Family Care Act to the Northwest Airlines, Inc. Sick and Occupational Injury Leave Plan for Employees.

This letter provides guidance on reimbursement of internal training costs from public employees.

WHD will not object to an employer who pays in advance the compensation that the employee will be due in a subsequent payperiod by including all hours worked in a single shift in the workweek in which that shift began. 

15-year-olds may work as lifeguards at traditional swimming pools if they are trained and certified. They have to be 16 to work at places other swimming pools.  

Prohibitions and/or restrictions on aggressive methods for removing asbestos-containing mastic from floors. - [1926.1101; 1926.1101(b); 1926.1101(g)(8)(i); 1926.1101(g)(8)(i)(D); 1926.1101(g)(8)(vi)]

Examines an employer's proposed plan to pre-pay wages during

This letter discusses the compensability of time spent by State employees who attend medical appointments to obtain medical verification.

Whether a program of benefits offered by Wings for Christ would be an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA and whether such program would be subject to state insurance regulation as a MEWA within the meaning of ERISA section 3(40).

Coverage of volunteers; forklift operator training for multiple facilities determined by similarity of potential workplace hazards. - [1910.178(l); 1910.178(l)(1); 1910.178(l)(3); 1975.4(h)(4)]

Requirements for leaving construction equipment and powder-actuated tools unattended on a construction building site; impalement protection from reinforcing steel for masonry workers on a scaffold. - [1910.178(m)(5); 1910.178(m)(5)(ii); 1910.178(m)(5)(iii

Under Subpart M, whether a lanyard may be connected to another lanyard by a snaphook, provided the potential fall distance is six feet or less. - [1926.500(b); 1926.502(d)(6)]

Whether there is a conflict between provisions in 1926.451 regarding the use of screening. - [1926.451; 1926.451(a); 1926.451(g); 1926.451(g)(1); 1926.451(g)(2); 1926.451(g)(2)(iii); 1926.451(g)(4); 1926.451(g)(4)(ix); 1926.451(g)(4)(v); 1926.451(g)(4)(vi

Whether certain distributions from insurance companies to their policyholders are "plan assets."

Whether in-kind investments in a bank collective investment fund are covered by ERISA section 408(b)(8), if the stated conditions are met.

When fees received by a bank or an affiliate, in connection with investments in certain mutual funds by IRAs or other qualified retirement plans, are offset against management fees charged by the bank to the plans, would the receipt and offset avoid prohibited transactions under Code section 4975(c)(1)(E) or (F)?

Whether a registered representative of a broker-dealer who provides brokerage services to the customers of a credit union may also provide brokerage services to the credit union's participant-directed 401(k) plan, provided that the representative does not provide investment advisory or management services to the plan.

Whether the status of the Georgia State Health Benefit Plan as a "governmental plan" within the meaning of section 3(32) of ERISA would be adversely affected if it were extended to cover the employees of certain federally qualified health centers in the State of Georgia.

The fact sheet provides questions  to assist plan fiduciaries in evaluating the objectivity of the recommendations provided, or to be provided, by a pension consultant.

Guidance, developed by the Department of Labor and the SEC, for pension plan fiduciaries on selecting and monitoring pension consultants.

To revise Circulars 94-06 and 99-02 concerning the Bureau’s procedure for submitting requests for apprenticeability determination.

Requirements for maintaining Material Safety Data Sheets (MSDSs) for coal including coal dust, fly ash, and silica dust. - [1910.1000 TABLE Z-1; 1910.1000 TABLE Z-3; 1910.1200; 1910.1200(d); 1910.1200(g)]

Lock out/Tag out (LOTO) requirements for die-setting operations in hydraulic power presses. - [1910.212(a)(3)(ii); 1910.217; 1910.217(d)(9)(iv); 1910.147; 1910.147(a)(2)(ii); 1910.147(b); 1910.147(d); 1910.147(f)(1)]

Requirements for maintaining material safety data sheets (MSDSs) for consumer art products and office cleaning products. - [1910.1200; 1910.1200(b)(6)(ix)]

Scaffolding/shoring. - [1926.451(g)(2); 1926.500; 1926.500(a)(2); 1926.501(b)(1); 1926.501(b)(14); 1926.501(d)(15); 1926.700(b)(2); 1926.1050(b); 1926.1051(a)]

Use of 2"x6" No 2 pine boards as a scaffold platform; application of 1926.451(a) and 1926.451(f)(16) when erecting and dismantling scaffolds. - [1926.451(a); 1926.451(f)(16); 1926.451(a)(6); 1926.451(b)(1); 1926.451(b)(1)(i); 1926.451(b)(2); 1926.450(a);

Whether a safety factor must be incorporated into the design of footings for supported scaffolds. - [1926.451(a)(6); 1926.451(c)(2)(i)]

Whether accidental death and dismemberment benefits are subject to the requirements in 29 C.F.R. § 2560.503-1 for "disability benefits" or whether they are "other" welfare benefits subject to the general claims procedure provisions of 29 C.F.R. § 2560.503-1.