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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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This letter discusses the application of the FLSA to an employer's policy concerning timesheets and partial-day salary docking.
Tie-in requirements for supported scaffolds; errors in Non-Mandatory Appendix E. - [1926.451(a)(1); 1926.451(a)(2); 1926.451(a)(3); 1926.451(a)(4); 1926.451(a)(5); 1926.451(c)(1); 1926.451(c)(1)(ii); 1926.451(g)]
Whether scaffold components may be loaded in excess of minimum load ratings specified in 29 CFR Part 1926 Subpart L; whether a safety factor must be added to such load ratings; Non-Mandatory Appendix A. - [1926.451; 1926.451(a)(1); 1926.451(a)(6); 1926.45
Evaluation if moving point-to-point on concrete wall to make initial connections of structural steel is "connecting" work; landing loads on systems-engineered metal building. - [1926; 1926.758; 1926.758(d); 1926.758(f); 1926.758(f)(1); 1926.758(f)(2); 192
Fall protection requirements for workers constructing a water tower while on a scaffold. - [1926.451(g); 1926.451(g)(1); 1926.451(g)(1)(vii); 1926.451(g)(1)(ii); 1926.451(g)(1)(iii); 1926.451(g)(1)(iv); 1926.451(g)(1)(v); 1926.451(g)(1)(vi); 1926.451(g)(4
OSHA's General Industry standard requires damaged welding leads to be replaced and not to be repaired. - [1910.254(d)(9)(iii); 1926.351(b)(2); 1926.351(b)(4)]
Potential health hazards from exposures to ammonia and EMF radiation from hair dryers for beauty salon workers. - [1910.1000]
Requirement to disclose all chemicals having scientific evidence that they pose a health risk regardless of concentrations present in the product on the MSDS. - [1910.1200; 1910.1200(g)(2)(i)(C)(2)]
Fall protection requirements when working from ladders in the telecommunications industry. - [1910.268; 1910.268(g)(1); 1910.269(g)(1)(v)]
Containment and disposal requirements for disposable razors used in long-term health care facilities for personal grooming. - [1910.1030(c)(1)(ii)(B); 1910.1030(d)(2)(i); 1910.1030(d)(4)(iii)(A); 1910.1030(d)(4)(iii)(C); 1910.1030(g)(2)(vii)(F)]
OSHA enforcement of ANSI window cleaning standard; citing federal agencies under the General Duty Clause. - [1910.66; 1960.8]
Whether a plan may invest in a mutual fund when one of the plan's trustees is the president, CEO, and significant shareholder of the mutual fund's investment advisor.
Application of the definition of a "related group of plans" for purposes of the wholly-owned exception of the plan assets regulation at 29 CFR 2510.3-101.
Regarding the provisions in ERISA § 514(b)(8) and ERISA § 609(b) on State causes of action to obtain reimbursement for their Medicaid programs from ERISA plans.
Application of 1926.404(b)(1) to 208-volt branch circuits; requirement for electrical subcontractor under 1926.404(b)(1) to provide ground-fault circuit interrupters on circuits used by other subcontractors. - [1926.404(b); 1926.404(b)(1); 1926.404(b)(1)(
This letter examines whether the domestic service exemption set forth at 13(b)(21) will apply to an employer's proposed plans to hire an LPN or RN to provide 24-hour care to a disabled in his apartment. The letter discusses recording hours of work related to sleep time.
This letter examines the application of the FLSA to a nonexempt office assistant who chooses to also work in another capacity as an exempt coordinator for the same public employer.
Requirements for the control of personnel entering a facility under the Process Safety Management standard. - [1910.119(f)(4); 1910.119(h)(2)(iv); 1910.119(n)]
Application of OSH Act and Multi-employer Citation Policy rather than CWHSSA to ensure subcontractors meet construction occupational safety and health responsibilities. - [1926.16(a)]
Federal government claims no copyright protection for July 2004 C-DAC Consensus Document.
All prescription medications, including preventive antibiotics, should be considered medical treatment and are recordable. - [1904.7; 1904.7(b)(1)(iv); 1904.7(b)(5)]
Clarification of "assigned working hours" for determining recordability of injuries that occur during breaks in the normal work schedule. - [1904; 1904.5(b)(2)(v)]
Beyer, Dave
Flores, Dr. Milagros
Evaluation of a box van of a truck carrying hazardous materials meeting the definition of a confined space in a hazardous material release/response situation. - [1910.146; 1910.120(q)]
Network protectors must have the manual override position blocked, locked, or otherwise disabled; must need use of a tool to manually place in closed position. - [1910.269(m)(3)(ii)]
Inspection requirements for powered industrial trucks not used for significant time periods. - [1910.178; 1910.178(q)(7)]
Emergency medical services on construction sites. - [1926.21; 1926.21(b)(2); 1926.50; 1926.50(a); 1926.50(b); 1926.50(c); 1926.50(d); 1926.50(f); 1926.103]
Whether under STD 03-00-001 an employee, in absence of interior walls is permitted to climb the lower chords of the roof trusses to brace them. - [1926.501(b)(13); 1926.502(k)]
Regarding the Schedule A (Form 5500) requirements for reporting fees and commissions paid to brokers, agents and other persons directly or indirectly attributable to policies or contracts placed or retained with or by an ERISA-covered employee benefit plan.
Information Letter to William Lindsay.
Whether a plan fiduciary engages in a breach by accepting, and then returning, contributions to his political campaign from current and prospective service providers to the plan, and recusing himself from decisions relating to those service providers.
Providing employees with toilet facilities on a construction jobsite. - [1926.51(c)(1); 1926.51(c)(4)]
Evaluation of scenarios regarding PSM requirements related to normally unoccupied remote facilities and natural gas processing plants (gas plant). - [1910.119; 1910.119(b)]
Request to expand the application of the "de minimis" policy regarding Section 1926.453(b)(2)(iii) and the use of the "Wishbone" fall protection device beyond the parameters described in OSHA's February 2, 2004 letter to Mr. Michael Kurtgis. - [1926.453(b
Frequency of evaluating audiometric testing rooms to meet the specifications in Appendix D of the Occupational Noise standard. - [1910.95(h)(4); 1910.95 App D]
Whether Georgia's Agricultural Commodities Commissions are "agencies" or "instrumentalities" of the State of Georgia so that inclusion of their employees would not adversely affect the status of Georgia's State Health Benefit Plan as a "governmental plan" within the meaning of section 3(32) of ERISA.
This letter discusses whether a municipal employee who performs two different jobs during overtime hours may be paid at time and one half the regular rate in effect when the respective jobs are performed in non-overtime hours.
Audiometric baseline revisions in employee rehire situations. - [1910.95]
MSDS's must be provided to employees who package/process drugs for distribution into final form if they contain hazardous chemicals. - [1910.1200; 1910.1200(b)(6); 1910.1200(b)(6)(vii); 1910.1200(e)]
Questions regarding the Permit-Required Confined Space standard, 1910.146, and the Grain Handling standard, 1910.272. - [1910.146; 1910.146(c)(2); 1910.272; 1910.272(e)(1)(i); 1910.272(g); 1910.272(g)(3); 1910.272(g)(5)]
Use of the European Norms and European Community machinery directive to comply with the 1910.212 "General [guarding] requirements for all machines." - [1910.212; 1910.212(a)(1); 1910.212(a)(3)]
Requirements of 1926.404(b)(1) application to 208-volt branch circuits; electrical subcontractor requirements under 1926.404(b)(1) to monitor other on-site subcontractors. - [1926; 1926.404; 1926.404(b)(1); 1926.404(b)(1)(i); 1926.404(b)(1)(ii); 1926.404(
Provides on-line tool to check eligibility for payment and the status of previously submitted bills
Construction industry asbestos standard definition of "regulated area" and requirements for work involving materials of <1% asbestos for demolition and sheetrock projects. - [1926.1101; 1926.1101(e); 1926.1101(e)(1); 1926.1101(g); 1926.1101(g)(1)(ii); 192
Documentation methods used to comply with the qualitative evaluation of a range of possible safety/health effects of "failure of controls" requirement of the PSM standard. - [1910.119; 1910.119(e); 1910.119(e)(3)]
Use of personal cooling fans listed for "residential use only" in an industrial setting. - [1910.303; 1910.303(b)(2); 1910.399]
Requirements for protecting against the automatic restart of low-voltage light-duty woodworking and metalworking equipment following an unscheduled electrical outage. - [1910.213; 1910.213(b)(3); 1910.303(b)(2)]
29 CFR 1926.350(a)(7), securing compressed gas cylinders - rational for and hazards addressed by the requirement. - [1926.350; 1926.350(a); 1926.350(a)(1); 1926.350(a)(6); 1926.350(a)(7); 1926.350(a)(9); 1926.350(a)(11); 1926.350(a)(12)]
Application of OSHA construction standards that govern the loading of materials onto scissor lifts and the restraining of those stored materials. - [1926.450; 1926.451(a)(6); 1926.454(a); 1926.454(b); 1926.451(a)(6); 1926.250; 1926.451(h); 1926.451(f); 19
Application of OSHA construction standards to govern the use of pneumatic hand tools used in construction for cleaning concrete forms, bridge decks, and roads. - [1915; 1917; 1926; 1926.151(a)(5); 1926.152(i)(6); 1926.300; 1926.300(a); 1926.302(b); 1926.3
Safety chain requirements for pile driving hammer hoses. - [1926.603; 1926.603(a)(9); 1926.603(a)(10)]
This letter examines the application of the FLSA's section 13(b)1 motor carrier exemption to drivers working for an associated group of common carriers of petroleum products.
This letter examines the FLSA's definition of "agriculture" under section 3(f) and its potential application to a rural brush eradication company's activities.
Discusses the applicability of FLSA exemption 13(a)(1) to managers at a public agency which "docks," or reduces, their salary if they do not meet a minimum number of hours of work each week.
Examination of whether the "primary duty" of a Junior Level Claims Examiner meets the duties test to be FLSA exempt under Regulations 29 CFR 541.
Addresses whether recent updates to the FLSA have changed the Agency's position, previously stated in an Opinion Letter of 11/18/1998, with respect to certain participants.
Discusses whether a City's timekeeping policy would be inconsistent with the requirement in FLSA's regulation 29 CFR 541 for exempt employees to be paid on a salary basis.
Examines descriptions of employers business practices to determine if they qualify as "retail or service establishments" under the FLSA 7(i) exemption.
This letter discusses circumstances under which deductions may be made from the Paid Time Off Bank of an employee who is exempt under FLSA's regulation at 29 CFR 541 and who is absent for less than one day.
This letter provides guidance on Data entry/receptionist., and executive, administrative, and professional employee exemptions
This letter examines the application of the FLSA 13(a)(1) exemption to paralegals.
Use of a warning line instead of conventional fall protection; Part 1926 Subpart M. - [1926.501(b)(10); 1926.501(b)(1); 1926.501(b)(2); 1926.502(b); 1926.502(f)(2)]
CPL 02-00-135 - National - Recordkeeping Policies and Procedures Manual - 12/30/2004 - PDF
Whether the May Department Store Company’s vacation pay program is an "employee welfare benefit Plan "within the meaning of section 3(1) of ERISA.
Whether the Pittsburgh Mercy Health System Cash Accumulation Plan, the Pittsburgh Mercy Health System 401(k) Savings Plan, and the Mercy Life Center Corporation Pension Plan are "church plans" within the meaning of section 3(33) of ERISA, that are excluded from Title I coverage by ERISA section 4(b)(2).
OSHA's multi-employer citation policy application to a homeowner who contracts with specialty contractors to perform construction on a house. - [OSH Act of 1970 - Section 5(a)(1)]
Installation of strobe lights on forklifts as an additional warning device for forklifts used in vessel holds. - [1910; 1910.178(a)(4); 1910.178(l); 1917; 1917.43(b)(1); 1917.43(c)(5); 1918; 1918.65(b)(1); 1918.65(f)]
Guidance on fiduciary responsibilites of a directed trustee in the context of publicly traded securitites.
Needle removal procedures for situations where other methods of disposal are infeasible or required by a specific procedure. - [1910.1030(d)(1)(ii)(B); 1910.1030(d)(2)(vii)(A); 1910.1030(d)(2)(vii)(B)]
Compliance of automatically retractable rest platforms used with self-retracting lifelines for meeting requirements for fixed ladder safety equipment. - [1926.1053(a)(19); 1926.1053(a)(19)(i); 1926.1053(a)(19)(ii); 1926.1053(a)(19)(iii); 1926.1050(b)]
Concerning the application of the prohibited transaction provisions under section 4975(c) of the IRC, to certain contributions to health savings accounts.
Determination of the date of an injury or illness for OSHA recordkeeping purposes. - [1904; 1904.6(a)]
Residential fall protection: safety monitors; walking top plate of braced walls in installation; warning line; plating exterior walls; height limitation; non-roofer PPE; slide guards. - [1926.502; 1926.502(h); 1926.502(h)(1); 1926.502(h)(1)(i); 1926.502(h
Wasser, Neil
Discusses the potential for coverage under the FLSA, and of potential exemption under Section 13(b)(24), of house parents employed by a residential care facility for children.
Discussion of public employees' ability to substitute for one another under certain circumstances under FLSA 7(p)(3).
Conditions under which use of powered industrial truck not designated EX can be used in atmospheres containing carbon black. - [1910.178; 1910.178(c)(2)(ii)(a)]
Examines whether a 20 minute unpaid meal break would meet the requirements of FLSA regulation 29 CFR 785.
Examines the application of the FLSA to an affiliate of a group of airlines and to the U.S. holding company that owns it. Discussion of whether the two entities meet the Railway Labor Act’s definition of “carrier” for purposes of applying Section 13(b)(3) of the FLSA.
Acceptability of using a sleeve to anchor a column; protection from hazard of swaying columns. - [1926.755(a)(1); 1926.755(a)(2)]
Determining the need for hard hat and eye protection on construction sites. - [1926.100; 1926.100(a); 1926.102(a); 1926.95; 1926.95(a); 1926.28(a); 1926.102(a)(1)]
Duty of a subcontractor to cover floor holes in a Multi-Employer work site. - [1926.501(b)(4); 1926.501(b)(4)(i); 1926.501(b)(4)(ii); 1926.501(b)(4)(iii); 1926.502(i); 1926.501; 1926.502(i)(2); 1926.502(i)(3); 1926.502(i)(4)]
Posting requirements for notices in other languages. - [1903.2 ]
Recognition of ANSI/ASSE Z244.1-2003 "Control of Hazardous Energy — Lockout/Tagout and Alternative Methods" consensus standard. - [1910.6; 1910.147; 1910.147(c)(4)(ii)]
Discusses circumstances under which an office furniture dealership would qualify for the FLSA 7(i) exemption for retail or service establishments.
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a public employer would comply with the law if it allows a Fire Captain to volunteer without compensation as a Chaplain.
Powered Industrial Truck 1910.178(l) training requirements applicable to construction; training for skid-steer loader operators. - [1910.178; 1910.178(a); 1910.178(l); 1926.20(b)(4); 1926.21(b)(2); 1926.602(a); 1926.602(d)]
Evaluation of what is considered a safe speed to operate powered industrial trucks (forklifts). - [1910.178(n)(8); 1910.178(n)(15)]
OSHA does not enforce NFPA 70E, although it may use NFPA 70E to support citations relating to certain OSHA standards. - [1910.335]
Examines an employer's proposed pre-hire "job view" program under a six factor test to determine if the job training situation creates an employment relationship.
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a Sheriff's office would comply with the Act if it allows a Detention officer to volunteer without compensation in its law enforcement division.
Examines the application of the 13(b)(1) exemption to truck drivers using regulations in 29 CFR 782, including the practical continuity of movement and the shipper's fixed and persisting intent at the time of shipment.
Examines the company's requirement for smokers to make a higher contribution toward the company's group health insurance premium and compares the contributions to the criteria outlined in FLSA 7(e) and 29 CFR 778 to determine if overtime computation is impacted.
Requirements for providing medical evaluations prior to wearing respiratory protection for training exercises. - [1910.134; 1910.134(e)]
Top rail and handrail requirements for stairrail systems under the construction standards. - [1910.23(e)(1); 1910.24(h); 1926.1052; 1926.1052(c)(6); 1926.1052(c)(7); 1926.1052(c)]
This letter provides guidance on the employer's policy regarding employee drug testing upon returning to work from FMLA leave.
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a Sheriff's office would comply with the Act if it allows a Corrections Officer to volunteer without compensation as a Special Deputy.
Respiratory protection medical evaluations: additional evaluations; use of employee's physician; testing; medical removal; and confidentiality. - [1910.134; 1910.134(c); 1910.134(e)(5)]
Examines the company's pre-employment training program in light of the six factor test to determine whether an employment relationship is created.
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