Guidance Search

This ruling letter addressed the coverage applicability of the SCA and DBA to the Idaho National Engineering and Environmental Laboratory.

Fall protection requirements for construction workers doing work while on a roof. - [1926.501(b)(1); 1926.501(b)(10); 1926.501(b)(2); 1926.501(b)(12); 1926.501(b)(13); 1926.502(f)(2)]

Field-bolted joist requirements for solid web structural steel members. - [1926.757; 1926.757(a)(1)]

Requirement to use seat belts during the operation of earthmoving equipment. - [1926; 1926.602; 1926.602(a); 1926.602(a)(1); 1926.602(a)(2); 1926.602(a)(2)(i); 1926.602(a)(2)(ii); 1926.28(a)]

Whether HEWT is a single employee welfare benefit plan maintained by a "group or association of employers" within the meaning of section 3(5) of ERISA.

Threaded studs are prohibited from being installed prior to decking when they project. - [1926.754(c)(1); 1926.754(c)(1)(i)]

Substitution of phosphorescent helmets for retroflective garments does not meet high-visibility clothing requirements for flaggers. - [1926.201; 1926.201(a); 1926.200(g)(2)]

Life jacket and skiff requirements when working over or near water. - [1926.106; 1926.106(d); 1926.106(a)]

Permitted incidental storage of flammable or combustible liquids. - [1910.106; 1910.106(e)(2)(i); 1910.106(e)(2)(ii)(b)]

Electrical equipment grounding requirements on concrete floors. - [1910.304; 1910.304(f)(5)(v)(C)(5); 1910.303(g)(1); 1910.399]

Application of HAZWOPER (1910.120) to terrorist and weapons of mass destruction incident responses. - [1910.120; 1910.120(q)]

Compliance requirements for renovation work involving material containing less than 1% asbestos. - [1926.1101; 1926.1101(e); 1926.1101(f)(2); 1926.1101(f)(5); 1926.1101(f)(6); 1926.1101(g)(1); 1926.1101(g)(3); 1926.1101(g)(8)(ii); 1926.1101(k); 1926.1101(

Building security measures and how they impact the ability of employees to exit a building during an emergency. - [1910.35]

Whether the status of the LCRA Plans as "governmental plan(s)" within the meaning of section 3(32) of ERISA would be adversely affected if they were extended to cover the employees of GenTex Power Corporation.

Permissibility of the welding of joists over 40-feet in length, while the hoisting line is kept in place, instead of field bolting. - [1926.757(a)(8); 1926.757(a)(8)(i); 1926.757(a)(8)(ii); 1926.757(b)(3); 1926.757(c)(2)]

Clarification of maintenance vs. construction activities; standards applicable to the removal and replacement of steel tanks and structural steel supports. - [1926.32(g); 1910.12(a); 1910.12(b); 1926.750(b)(1); 1926.750(b)(2); 1926.750(a); 1926.105; 1910.

Requirements for attachable scaffold ladders used in construction; toe-hold minimum distance requirement. - [1926.451(e); 1926.451(e)(2); 1926.451(e)(2)(i); 1926.451(e)(2)(ii); 1926.451(e)(2)(iii); 1926.451(e)(2)(iv); 1926.451(e)(2)(v); 1926.451(e)(2)(vi)

Whether a limited partnership in which employee benefit plans invest would be deemed a party in interest with respect to the plans under section 3(14)(G) of ERISA where the plan trustee would hold more than fifty percent of the interests in the limited partnership on behalf of the plans.

Permissibility of installing a trench shield so that the top is flush with the surface. - [1926.652; 1926.652(g)(1)(ii)]

Use of quick disconnect with "pull-down sleeve" to satisfy requirement of a positive means to prevent pneumatic tools from becoming accidentally disconnected. - [1926.302(b)(1)]

Byrd, LaMont

CPL 02-02-071 - National - Technical Enforcement and Assistance Guidelines for Hazardous Waste Site and RCRA Corrective Action Clean-up Operations HAZWOPER 1910.120 (b)-(o) Directive - 11/05/2003 - PDF

Applicable regulations to a metal cable ladder that is similar to a Jacob's Ladder. - [1926.1050(a); 1926.1050(b); 1926.1053; 1926.1053(a); 1926.1053(b)(5)(iii); 1926.951(c)(1); 1926.1053(b)(12)]

Evaluation of Fiber-Lam "Super Brace" compliance with construction fall protection requirements for guarding structural openings. - [1926.501(b)(14); 1926.502(b)(1); 1926.502(b)(3); 1926.502(b)(4)]

Compliance requirements for the use of U-bolt-type cable clamps in horizontal lifelines. - [1926.502; 1926.452(x)(9); 1926.450(b); 1926.502(d)(21)]

Revised response regarding the storage of materials on a scaffold for more than one shift's work. - [1926.250; 1926.250(b)(5); 1926.450; 1926.451; 1926.451(a); 1926.451(d)(3)(i); 1926.451(f)(3); 1926.451(f)(7); 1926.451(h); 1926.451(h)(2); 1926.451(h)(4);

Application of construction standard to demolition operations involving material less than 1% asbestos. - [1926.1101; 1926.1101(g)(1)(ii); 1926.1101(g)(1)(iii)]

Field-cured concrete sample cylinders must be subjected to similar conditions as the footings/walls; acceptable use of the Windsor Probe/Pin testing method. - [1926.752(a); 1926.752(a)(1)]

Permissibility of transporting blasting caps with other explosives in the same vehicle where an IME 22-1993 container is used. - [1926.902(d)]

Use of hydro-vacuum excavation equipment and other acceptable means to locate underground utility installions. - [1926.651; 1926.651(b)(2); 1926.651(b)(3)]

Testing of hoist limit switches. - [1910.179; 1910.179(k)(1)(ii); 1910.179(n)(4)]

Enhanced Enforcement Program (EEP) IMIS Coding

OSHA-recognized chemicals as carcinogens or potential carcinogens for Hazard Communication purposes. - [1910.1200; 1910.1200(d)(4)(iii); 1910.1200(d)(5)(ii)]

Examines the duties of a training officer under FLSA's 13(a)(1) exemption

Whether certain stock is a qualifying employer security in connection with a proposed exchange between GM and several employee benefit plans that it sponsors. The exchange is part of a broader transaction, whereby GM plans to split-off its subsidiary, Hughes Electronics Corporation.

Whether employees of The Council of State Governments may participate in the Kentucky Employees Retirement System without adversely affecting the status of KERS as a "governmental plan" within the meaning of section 3(32) of ERISA.

Whether the AICP Health Benefits Fund is an employee welfare benefit plan established and maintained by an employer group or association within the meaning of section 3(5) of ERISA. Also whether the Fund is a "fully insured" multiple employer welfare arrangement within the meaning of ERISA section 3(40) and section 514(b)(6)(A).

Compliance of using warning lines and/or control access zones for fall protection on roofs with a slope greater than 4:12. - [1926.500; 1926.501; 1926.502; 1926.503; 1926.760; 1926.502(f); 1926.502(g); 1926.502(b)(10); 1926.501(b)(2); 1926.501(b)(11); 192

Minimum number of employees required for performing electric power work conducted from bucket trucks. - [1910.269; 1910.269(l)(1)(i); 1910.269(l)(1)(ii); 1910.269(b)(1)(i)]

Enforcement of Subpart M "Fall Protection". - [1926.501(b)]

Applicable asbestos standard for replacing a rubber encapsulated asbestos gasket. - [1910.1001; 1926.1101]

Whether delivery of a Profile (as described in Rule 498 under the Securities Act of 1933) would satisfy the prospectus delivery requirements under ERISA section 404(c) regulations.

OSHA's outreach effort to educate employers on the Needlestick safety and Prevention Act requirements. - [1910.1030]

Clarification of Overhead and Gantry Cranes definition of "complete inspection" and "periodic inspection" requirements. - [1910.179; 1910.179(j)(1); 1910.179(j)(3)]

Wearing of open-toed shoes in an office environment. - [1910.132; 1910.132(d); 1910.136; 1910.136(a)]

Current OSHA initiatives to improve quality of chemical hazard information provided to workers. - [1910.1200; 1910.1200(g)]

CPL 02-00-065 [CPL 2.65A] - National - Safety and Health Information Bulletins - 08/27/2003 - PDF

Installation and use of electrical equipment must be consistent with NRTL intructions for that equipment. - [1910.303(b)(2); 1910.399]

Requirements for perimeter columns and perimeter safety cables in the Steel Erection standard. - [1926.756(e)(1); 1926.756(e); 1926.760(a)(2)]

Use of portable vacuum cleaners for cleaning up aluminum and wood dust. - [1910.399; 1910.307; 1910.307(b)(2)]

Maximum permissible guard openings for blade guards on cooling fans. - [1910.212; 1910.212(a)(5); 1910.217]

Questions and answers about color coding machine and machine guards according to ANSI Z535.1-1990. - [1910.144; 1910.144(a)(3); 1910.219; 1910.219(p)(1); 1910.219(p)(2); 1910.219(p)(3); 1910.219(p)(4); 1910.219(p)(5); 1910.219(p)(6); 1910.219(p)(7)]

Recapping of contaminated needles used in body piercing. - [1910.1030; 1910.1030(d)(2)(i); 1910.1030(d)(2)(vii); 1910.1030(d)(4)(iii)(A)(1)]

Retesting requirements if employee's annual audiogram shows a Standard Threshold Shift (STS). - [1910.95; 1910.95(g)(7)(ii)]

Whether the reallocation of employer securities from the account of one plan participating in a master trust to the accounts of other plans participating in the master trust in exchange for interests of those plans in other assets of the same value held in the master trust would constitute an acquisition of employer securities for purposes of section 407(a) of ERISA.

Firefighter training requirements to respond to emergency releases, or potential emergency releases, of hazardous substance. - [1910.120; 1910.120(q)(6)(ii)]

Regulations related to liquid asphalt and to marine barge slips. - [1910.106; 1910.106(a)(18)(ii)(b)]

This letter provides guidance on the employer's point system or "no fault" attendance policies and it's application with the FMLA leave.

Relevance of NFPA 70E industry consensus standard to OSHA requirements; whether OSHA requirements apply to owners. - [1926.402(a); 1910.132; 1910.335; 1926.403; 1926.404; 1926.405; 1926.406; 1926.407; 1926.408; 1910.303(f); 1926.403(h); 1910.12]

This letter provides guidance on eligible employees terminated due to the FMLA leave.

Powered Industrial Truck (forklift) operator trainer qualifications. - [1910.178; 1910.178(l)(2)(iii)]

Clarification of Recordkeeping's work-related exception. - [1904; 1904.5(b)(2)]

Permissibility of using guardrail systems other than perimeter safety cables in steel erection. - [1926.760(a)(1); 1926.760(a)(2); 1926.760(a)(3)]

Acceptability of rhodizonate-based spot test kits for determining the presence or absence of lead in paint coatings. - [1910.1025; 1926.62 ]

OSHA policy on using wipe sampling for 4,4' methylenedianiline (MDA) as the basis for enforcement action. - [1910.1050; 1910.1050(b); 1910.1050(f)(1)(ii); 1910.1050(l)(1); 1910.1050(l)(2); 1910.1050(l)(3)]

Fall protection requirements during installation and removal or tarps and sheeting on/from scaffolds; qualifications of person determining safety on scaffold with wind imposed forces. - [1926.451(g)(2); 1926.451(f)(12); 1926.451(g)(1); 1926.451(a)(6); 192

Workplace use of electrical equipment designated as "Household Use Only" and recordkeeping requirements. - [1910.303(a); 1910.303(b)(2); 1910.7; 1910.303(b); 1910.304(f)(5)(v)(C)(5)]

Clarification of 1926.502(d)(6) term "designed for" in snaphook connections. - [1926.502; 1926.502(d); 1926.502(d)(6)]

CSHO use of external GFCI testers to enforce 29 CFR 1926.404(b)(1) - [1926.404; 1926.404(b)(1); 1926.404(b)(1)(i); 1926.404(b)(1)(ii); 1926.404(b)(1)(iii)]

Examines a compenation system to determine whether it complies with the "salary basis" test provided in regulations 29 CFR 541

Marking and proof-testing requirements for special custom-designed lifting accessories. - [1926.251; 1926.251(a); 1926.251(a)(4)]

Requirements for fall protection when ladder jack scaffolds are used for residential and commercial construction. - [1926.451; 1926.451(g)(1); 1926.451(g)(1)(i); 1926.452; 1926.452(k)(1); 1926.500; 1926.500(a)(2)(i); 1926.501; 1926.501(b); 1926.501(b)(12)

Storage of Class IA and IB flammable liquids in glass containers. - [1910.106; 1910.106(d)(2); 1910.106(d)(2)(iii)(a); 1910.106(d)(2)(iii)(a)(2)]

Use of approved GFCI's that do not have open-neutral protection. - [1926.404(b)(1)(i); 1926.404; 1926.404(b); 1926.404(b)(1)(ii); 1926.449]

Examines whether certain benefit payments  must be included in the regular rate when computing overtime.

Lyme Disease Alert Fact Sheet

Electronic Mail Systems and Bloodborne Pathogens Training requirements. - [1910.1030; 1910.1030(g)(2)(vii)(N); 1910.1030(g)(2)(viii)]

Request for guidance as to the disposition of surplus assets on the termination of the Trust. Specifically, whether, after all outstanding claims for benefits have been satisfied and all surplus attributable to participant contributions has been used for the provision of benefits, the remaining surplus assets may be transferred to a charitable foundation that is not a party in interest in accordance with the terms of the trust document.

Whether a trust company’s receipt of 12b-1 and subtransfer fees from mutual funds, the investment advisers of which are affiliates of the trust company, for services in connection with investment by employee benefit plans in the mutual funds, would violate ERISA when the decision to invest in such funds is made by an employee benefit plan fiduciary or participant who is independent of the trust company and its affiliates.

Requirements for emergency response and planning under the Process Safety Management Standard. - [1910.38(a); 1910.38(c)(3); 1910.119(n); 1910.120(a); 1910.120(q); 1910.120(q)(1); 1910.120(q)(6)(ii); 1910.120(q)(6)(iii)]

Immunizations or inoculations (except tetanus) are recordable when given in response to a workplace injury or illness. - [1904; 1904.7(b)(5)(ii)(B)]

Participation by professional sports teams in the Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses; definition of independent contractor versus employee. - [1904; 1904.31]

Recording criteria for cases involving workers from a temporary help service, employee leasing service, or personnel supply service. - [1904; 1904.31; 1904.46; 1904.35; 1904.40; 1904.29; 1904.29(a); 1904.29(b); 1904.29(b)(2); 1904.33]

Chamberlain, Dave

Foulke, Edwin Jr.

Request for guidance concerning section V(h) of PTE 84-14 which permits certain transactions between a party in interest with respect to an employee benefit plan and an investment fund in which the plan has an interest and which is managed by a QPAM, provided that the other conditions of the exemption are satisfied.

CPL 02-01-038 [CPL 2-1.38] - National - Enforcement of the Electric Power Generation, Transmission, and Distribution Standard - 06/18/2003 - PDF

Response to Edison Electric Institute's concerns regarding draft Instruction CPL 2-1.18A, "Enforcement of the Electric Power Generation, Transmission and Distribution Standard." - [1910.269; 1910.269(d); 1910.269(d)(8)(v); 1910.146; 1910.147]

Response to Exelon Generation's concerns regarding draft Instruction CPL 2-1.18A, "Enforcement of the Electric Power Generation, Transmission and Distribution Standard." - [1910.269; 1910.269(d); 1910.269(d)(8)(v); 1910.147]

Employer's responsibility to protect employees from workplace hazards through appropriate hazard control methods. - [1910.106; 1910.106(b)(6); 1910.1000]

Potential exposure to contaminated sharps in the solid waste industry. - [1910.1030; 1910.1030(c)(2)(i)]

Electrical conductors and equipment must be approved and used according to its listing/label. - [1910.303; 1910.303(a); 1910.303(b)(2)]

OSHA does not specify payment requirements for apparel covered in the Electrical Power Transmission and Distribution Standard. - [1910.269; 1910.269(l)(6)(iii)]

Employer must shore or otherwise protect employees who walk/work at the base of an embankment from a possible collapse.

Fall protection requirements for an employee working from a ladder on a walking/working surface other than the ground. - [1926.500; 1926.500(a)(2)(vii); 1926.500(b); 1926.501; 1926.501(b)(1); 1926.1050; 1926.1052; 1926.1053; 1926.1060]

Written notification of ASTM strength test for mortar in masonry piers/walls prior to steel erection. - [1926.752; 1926.752(a); 1926.752(a)(1); 1926.752(b)]

Repair requirements for the cord plug (attachment plug) of double-insulated tools. - [1926.302; 1926.302(a); 1926.302(a)(1); 1926.403; 1926.403(a); 1926.404; 1926.404(b)(1)(iii)(C); 1926.404(f)(7)(iv); 1926.404(f)(3); 1926.404(f)(7); 1926.405(g)(2)(iii);

Guidance as to expense allocation practices in defined contribution plans and the extent to which plan expenses are required to be allocated on a pro rata, rather than a per capita, basis and the extent to which plan expenses may be properly charged to an

Acceptability of modifying a standard on/off switch to provide lockout capability to a machine. - [1910.147; 1910.147(c)(3); 1910.147(c)(2)(iii); 1910.303(a); 1910.399; 1910.303]

OSHA machine guarding standards and the ISO/IEC standards adopted under the GATT; National Emphasis Program on Amputations. - [1910.211; 1910.212; 1910.213; 1910.214; 1910.215; 1910.216; 1910.217; 1910.218; 1910.219]