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 To petition for a significant guidance document to be created, modified, reconsidered, or rescinded, email the Department of Labor.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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Examines the application of the FLSA to private non-profits and individual coverage of Fire/EMS activities. Discusses the position that employees of religious, charitable or non-profit organizations may donate services as volunteers to such organizations but in a different employment capacity.
Requirements for fit testing employees before fire brigade training exercises. - [1910.134; 1910.134(f)]
Examines the application of regulations at 29 CFR 553 to public employer's handling of compensatory time required by the FLSA being commingled with compensatory time required by a CBA.
Examines an employer pay plan which includes double time for hours worked on Saturdays for compliance in light of FLSA Section 7(e) and 7(h)
Examines the application of the FLSA 13(b)(10)(A) exemption to a car dealership employee selling cars and related merchandise via the internet in light of criteria established in 29 CFR 779.
Discusses handling of both non-FLSA and FLSA accrued compensatory time under 7(o).
Examines a proposed work schedule for employees of a municipality-owned electric utility which changes according to whether the pay period includes a holiday. Discussion of the characteristics of the workweek as a fixed and regularly recurring period of 168 hours which may begin on any day and at any hour of the day.
Examines whether deducting compensation from an employee's paycheck to recoup advanced wages paid in error is permissible. Discusses whether a "payroll by exception" system of payment is permissible under the FLSA.
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a public school district would comply with the Act if it allows a nonexempt school employees to assist as volunteers without compensation coaching sports, sponsoring clubs, etc.
Examines two health care providers in light of FLSA Section 3(r), discussing common control factors.
Examines a "Board" to determine whether it is a public agency as defined in FLSA Section 3(x) and eligible to use compensatory time under the 7(o) exemption. Discussion of the definition of public agency in the act and "political subdivision" as defined in various court cases.
Examines a vacation policy which allows for earning and advancement of vacation hours. Discusses whether deductions from the final paycheck of employees who leave the company before repaying a negative leave balance are permissible.
Loads must be attached to the block hook by a sling or other approved device and may not be attached directly to the running rope. - [1910.179; 1910.179(n)(2)(i); 1910.179(n)(2)(ii)]
Grounding requirements for aerial lifts (bucket trucks) under the General Industry 1910.269 and Construction 1926.952 standards. - [1910.269; 1910.269(n)(6); 1910.269(n)(7); 1910.269(l)(2); 1926.950(c); 1926.952(b)(2); 1926.954(e)(1); 1926.954(e)(2)]
This letter provides guidance on the substitution of paid sick or medical leave as FMLA leave.
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a public school district would comply with the Act if it allows a nonexempt school employees to assist as volunteers without compensation coaching sports, sponsoring clubs, etc.
Clarification if a depression constitutes a hole or unprotected side/edge and associated fall protection requirements. - [1926.500(b); 1926.501(b)(1); 1926.501(b)(4)(i); 1926.501(b)(4)(ii); 1926.502(b)]
Permissibility of using average excavation depth to determine protective system requirements for the excavation. - [1926.650; 1926.652(a)(1)(ii); 1926.652(a)(1); 1926.652(b); 1926.652(c)]
Examines an employer's suggested lump sum weekly overtime premium which is based on predetermined based on the volume of the delivery person's deliveries for the week. Discusses the regular rate and requirements of Regulations 29 CFR 778.
Alternatives to common back-up alarms on construction motor vehicles; use of other effective technology or observers/signal persons. - [1926.601; 1926.601(b); 1926.601(b)(4); 1926.601(b)(4)(i); 1926.601(b)(4)(ii); 1926.602; 1926.602(a); 1926.602(a)(9); 19
OSHA's web site postings of settlement agreements, citations, and proposed penalties for inspections are public information subject to the disclosure pursuant to the FOIA. - [2200.100(c)]
Applicable standards for telecommunications non-industry specific operations, e.g., retail, call center, warehouse, and administrative locations. - [1910.268; 1910.268(a); 1910; 1910.5(c); 1910.268(a)(3); 1910.268(g)(1); 1910.268(n)(7); 1910.268(n)(8)]
Examines incentive pay options and their impact on the regular rate in light of the requirements of 29 CFR 778 and FLSA Section 7(e)
Examines the pay practice of an employer whose employees work extended periods in another town and have four straight days off. Discussion of travel time hours worked under 29 CFR 785 including travel away from home, and travel all in a days work.
Examines the use of compensatory time in a public sector employer who pays employees hourly for the first 37.5 hours each week and provides compensatory time thereafter. Discussion of Section 7(o) and regulations 29 CFR 553.
Answers questions related to collectively bargained compensation agreements under FLSA 7(b)(2)
Examines a municipal pay plan which compensates firefighters for hours worked in training plus portions of the 24-hour shift they were unable to work as a result of attending the training.
Examines an employer's suggested pay plan which offers both a piece rate and minimum hourly guarantee paid as a "bonus" when piece rate earnings exceed the guarantee. Discussion of discretionary bonuses under 7(e).
Regulations concerning the size and use of safety traffic cones in General Industry. - [1910.145]
Bloodborne Pathogens Standard as it relates to contaminated laundry, sharps containers, and the Hepatitis B vaccine in fitness centers. - [1910.1030; 1910.1030(a); 1910.1030(b); 1910.1030(c)(2); 1910.1030(d)(4)(iv)(A); 1910.1030(d)(4)(iv)(A)(1)]
Protection of employees from exposure to live electrical parts with plastic switch plates/receptacle cover and non-conductive screws. - [1926.405(j)(1)(i); 1926.416(a)(1); 1926.404(f)(7)(i)]
CPL 02-01-041 - National - Alternative Abatement Method for 29 CFR 1910.261(g)(17) - Over-pressure Protection for Batch Digesters Used in the Pulp Processing Industry. - 09/16/2004 - PDF
Fall protection requirements for employees working from a slide-out extension of a scissor lift platform. - [1926.451(g); 1926.451(g)(1)]
Powered industrial trucks must not be placed into service, or must be removed from service, when any condition exists that adversely affects the safety of the vehicle. - [1910.178; 1910.178(p)(1); 1910.178(q)(7)]
Discusses qualifications that must be met by unions in order to meet requirements of 7(b)(1) and 7(b)(2) exemptions.
Responsibility of the employer and manufacturer to present consistent information between the labels and material safety data sheets. - [1910.1200]
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a public school district would comply with the Act if it allows a nonexempt school employees to assist as volunteers without compensation coaching sports, sponsoring clubs, etc. The technology and media assistant is discussed as an example.
OSHA has no specific standard on autoclaving used medical instruments. - [1910.1030; 1910.1030(d)(2)(viii)]
Limiting factors for implementing the use of engineering controls, i.e., safety scalpels, under the Bloodborne Pathogens standard. - [1910.1030(c)(1)(iv); 1910.1030(c)(1)(v); 1910.1030(c)(1)(iv)(B); 1910.1030(d)(2)(i)]
Addresses the final rule requirements for the Use of Belt Entry As an Intake Air Course to Ventilate Working Sections and Areas Where Mechanized Mining Equipment is being Installed or Removed. This guidance will allow all mine operators the option of usin
Bjork, Ronald
Dempsey, John Jr.
Examines the "special detail" exception to the usual joint employment rules for fire protection and law enforcement employees of public agencies under Section 7(p)(1).
Recordability of a fatal traffic accident in a foreign project location. - [1904.5(b)(6)]
Use of glue to close a wound is medical treatment; prescription antibiotics/antiseptics for preventive treatment of a wound is medical treatment. - [1904; 1904.7(b)(5)(ii)]
Life jacket/buoyant work vest requirements for employees working over water <2 feet deep; requirements for lifesaving skiffs. - [1926.106(a); 1926.106(d)]
Requirements for compressive-strength testing of concrete and mortar in a masonry wall during steel erection. - [1926.752; 1926.752(a); 1926.752(a)(1)]
Examines the application of Section 13(b)(1) to a food manufacturer with operations in several states.
Examines the application of FLSA exemption 13(b)(3) to a company that provides air transportation to certain individuals, but not to the public. Discusses the application of provisions of Title II of the Railway Labor Act.
Acceptability of using computer-based (on-line) training for the HAZWOPER 40-hour classroom training. - [1910.120; 1910.120(e)]
Requirements for the sound level of a warning device (horn) located on a forklift. - [1910.178(q)(7); 1910.178(p)(1); 1910.178(q)(5)]
Spray booth requirements including automatic sprinkler systems, relationship to NFPA 33 requirements, and paint storage. - [1910.107; 1910.107(a); 1910.107(b)(5)(iv); 1910.107(e)(3); 1910.106(d)(4); 1910.161; 1910.162; 1910.106(a)(18); 1910.106(a)(19)]
Examines the rounding practices of a public employer who does not allow employees to record additional hours worked unless it exceeded the scheduled shift by thirty minutes.
Evaluation of a personal platform enclosure panel. - [1926.1431(e)(6)]
Use of manufacturer-applied insulation coating as an insulation barrier; use of equipment within the minimum approach distance with insulation barriers. - [1926.550(a)(15); 1926.600(a)(6)]
Examines the employer's meal period policy which requires the employee to remain in a lunchroom with restricted activities during an unpaid meal break.
Examines the applicability of FLSA Section 13(a)(3) to a camp program as a separate establishment from the year-round operations of the same non-profit charitable organization. Discusses the definition of "establishment" as defined in 29 CFR 779.305.
Application of the Occupational Noise standard to employees who are deaf or have a diminished capacity to hear. - [1910.95; 1910.95(b)(1); 1910.95(i)(2)]
Use of fall protection by deaf employees performing steel erection activities. - [1926.750; 1926.750(a); 1926.750(b)(1); 1926.760; 1926.760(a)(1); 1926.760(a)(3); 1926.760(b); 1926.760(c)]
OSHA 300 Log requirements versus HIPAA privacy requirements. - [1904; 1904.35(b)(2)(iv)]
Kojola, Bill
Powered Industrial Trucks: examination prior to being placed in service; evaluations conducted orally versus written; multi-level evaluations; seatbelt use. - [1910.178; 1910.178(q)(7); 1910.178(q)(6); 1910.178(l)(1); 1910.178(l)(3)]
Document outlines union member rights and officer responsibilities
Examines the issues of sleep time as hours worked in residential care facilities where the employee is not permitted to leave the premises and/or may reside on the premises permanently or for an extended period of time.
Requirements for working clearances and spaces around electrical equipment, e.g., ladder cable trays. - [1910.303(g); 1910.303(g)(2)(ii); 1910.303(h); 1910.303(h)(2)(ii)]
Respiratory protection program requirements for M. tuberculosis based on risk assessments; applicability of the respirator standard to long-term healthcare facilities. - [1910.134]
CPL 02-01-040 [CPL 02-01-040] - National - 1926.757(a)(3) - Enforcement policy on column joists. - 07/18/2004
Examines criteria in FLSA Section 3(e) and regulations 29 CFR 553 to determine whether a public school district would comply with the Act if it allows a nonexempt school system staff to assist as volunteers without compensation coaching sports, sponsoring clubs, etc. Examples discussed include bus driver volunteering to drive the basketball team to away games and teacher assistant volunteering to assist the basketball team as a parent.
This was a final ruling letter that applied SCA coverage to a concession contract at Denali National Park and Preserve, Alaska.
Hazard Communication: classification of uninterruptible power source batteries and office chemicals as "consumer products." - [1910.1200; 1910.1200(c)]
Whether the Denny's, Inc. Vacation Pay Plan is an "employee welfare benefit plan" within the meaning of section 3(1) of ERISA.
Non-depository, state chartered trust company that is a wholly-owned subsidiary of a bank holding company and is subject to regular examination and supervision by the Federal Reserve System, is exempt from certain bonding requirements in section 412 of ERISA.
Fall protection requirements for elevated platforms of powered industrial trucks; body belts versus harnesses. - [1910.178]
Examines the effect on employees who are otherwise exempt under FLSA 13(a)(1) when they work part-time for reduced pay and also receive pay through a disability insurance pay program
Provides guidance for use in developing a comprehensive slope and shaft sinking plan.
Whether a program established by SEIU Local 616 to provide a small monetary payment to beneficiaries of deceased members is a "remembrance fund" within the meaning of 29 C.F.R. § 2510.3-1(g), and, therefore, exempt from coverage under Title I of ERISA.
Requirements in 1926 Subpart L "Scaffolds" regarding the use of plywood to make platform decking for scaffolds. - [1926.450(b); 1926.451; 1926.451(a)(1); 1926.451(a)(6); 1926.451(b); 1926.451(f)]
Automated External Defibrillator training is not specifically required by the Permit-Required Confined Space standard; AEDs are not required first aid supplies. - [1910.146(k)(2)(iii); 1910.151(b)]
Clarification of the Powered Industrial Truck (1910.178) standard's use of the terms "in need of repair," "defective," and "unsafe." - [1910.178; 1910.178(p)(1); 1910.178(q)(1); 1910.178(p); 1910.178(q)]
OSHA's guidelines are advisory, do not create new employer obligations, and are not basis for citations.
The meaning of standards can only be modified through the rulemaking process, not through a letter of interpretation. - [1926.1053(b)(7)]
Findings of a labor standards investigation conducted under the McNamara-O’Hara Service Contract Act (SCA) relative to the subject FAA contract for the furnishing of air traffic control instructional services.
Examines the applicability of FLSA Section 7(k) to Port of Entry Officers. Discusses power of arrest and other factors enumerated in 29 CFR 553.
OSHA jurisdiction over oil and gas pipelines may be preempted by DOT standards. - [1926.651(b)(2); 1975.1]
The construction fall protection standard specifies fall arrest system requirements, but no footwear requirements. - [1926.501(b)(11); 1926.500(b); 1926.96]
Bloodborne Pathogens Standard application to bifurcated needles; acceptability and appropriateness of safety bifurcated needles. - [1910.1030; 1910.1030(c)(1)(iv)(B); 1910.1030(c)(1)(v); 1910.1030(d)(2)(i)]
Equipment reverse signal alarms must be audible above surrounding noise level. - [1926.601(b)(4); 1926.601(b)(4)(i); 1926.601(b)(4)(ii); 1926.602(a)(9)(ii)]
Requirements for manufacturers, who are no longer in business or have discontinued a product line, to provide MSDSs and product information. - [1910.1200; 1910.1200(g)(1)]
Steel erection columns must be anchored by 4 rods and meet 300-lb strength criteria. - [1926.755(a)(1); 1926.755(a)(2); 1926.752(b)]
The use of extension cord while working from scissor lift; requirement to secure or barricade a ladder. - [1926.451; 1926.452(w); 1926.1053(b)(8)]
Training and designation of first aid providers in general industry and construction. - [1910.151(b); 1910.1030(c)(2); 1926.50(c)]
This letter provides guidance on medical recertifications; and apparent excessive absences.
Application of OSHA standards to escape and protection of employees from threats associated with terrorist actions. - [1910.120(q); 1910.38]
Information Letter to Nicholas W. Ferrigno, Jr.
Whether an "affiliated service group" within the meaning of section 414(m) of the Internal Revenue Code (Code) is a "single employer" for purposes of section 3(40) of ERISA.
Whether the execution of a securities transaction between a plan and party in interest through an alternative trading system constitutes a prohibited transaction under ERISA.
Whether an amendment of defined benefit plan reducing future benefit accruals will affect the grandfathered status under OBRA '87 of a floor offset arrangement of which the defined benefit plan is a part with a stock bonus plan.
Examines the characteristics of an internship program to determine whether an employment relationship exists. Discusses the six factor test to make the determination.
Examines whether reimbursement for certain employee meal expenses may be properly excluded from the employee's regular rate of pay under the FLSA under section 7(e)(2).
Discusses whether a timekeeping system that is the same for exempt and nonexempt employees can be permissible.
Maximum allowable distance between supports for temporary electrical wiring. - [1926.402(a); 1926.403(b)(1); 1926.405(a)(2)]
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