Guidance Search

Determination of airborne concentrations of methylene chloride; protection of employees covered by 1910.1052. - [1910.1052; 1910.1052(k); 1910.1200]

Electrical safety requirements for rechargeable racks for paging transmitters. - [1910.305(j)(3); 1910.399]

Discusses whether FLSA exemption 7(p)(1) applies to state police when they provide police escorts during their off-duty hours.

Baseline audiogram revision due to persistent STS or improved thresholds; revision must be made for each ear separately. - [1910.95; 1910.95(g)(1); 1910.95(g)(5); 1910.95(g)(7); 1910.95(g)(9); 1910.95(g)(10); 1904; 1904.10]

Aggressive vs non-aggressive removal of asbestos-containing flooring material; negative exposure assessment methods for direct and indirect employee exposures. - [1926.1101]

Guidance addressing, in the context of a multiemployer defined contribution pension plans, the extent to which collective bargaining, employer participation, and similar agreements may be taken into account in determining when participant contributions ca

Standards applicable to step bolts and manhole steps; load requirements for step bolts. - [1910.269; 1910.269(h)(2)(iv); 1910.27; 1910.269(h)]

Storage of water-reactive materials with flammable or combustible liquids in the same room or area. - [1910.106; 1910.106(d)(7)(iv)]

Regarding the applicability of Title I of ERISA. Specifically, whether the Labor Management Construction Safety Alliance, Inc. (LMCSA) is an "employee welfare benefit plan" within the meaning of section 3(1) of Title I of ERISA.

Reasonable access to toilet facilities; citation analysis for failure to allow access to toilet facilities. - [1910.141; 1910.141(c)(1)(i)]

HAZWOPER training requirements for hospital staff who decontaminate chemically contaminated patients. - [1910.120]

Guidance addressing whether a plan administrator may deny a participant loan to a director or officer of the sponsor on the basis that the loan violates the Securities and Exchange Act of 1934 without contravening the requirement of section 408(b)(1) of E

Examines several issues relating to the the application of the FLSA, particularly Section 3(e)(4)(a), to volunteer fire fighters.

Whether under ERISA Church is entitled to retain the demutualization award paid to Church by Principal for a group annuity contract that was purchased in connection with the termination of a retirement plan that had been established and maintained by Church.

OSHA standards set minimum safety and health requirements;they do not prohibit employers from adopting more stringent requirements. - [1926.760; 1926.760(a); 1926.760(a)(1); 1926; 1926.760(b); 1926.760(c); 1926.760(a)(3)]

Acceptable use of antiseptic-hand cleansers for bloodborne pathogen decontamination and as an appropriate handwashing practice. - [1910.1030; 1910.1030(d)(2)(v); 1910.1030(d)(2)(vi)]

Clarification of qualified employee requirements for the Electric Power Generation, Transmission, and Distribution standard. - [1910.269; 1910.269(a)(2)(i); 1910.269(l)(1)(i); 1910.269(b)(1); 1910.269(a)(2)]

Regarding the application of ERISA to an employer’s amendment of its plan to eliminate life insurance benefits for certain retirees and the amendment of its defined benefit pension plan to add similar benefits for those retirees, and the implementation of those amendments. Specifically whether the amendments, along with their implementation, would not violate the anti-inurement, exclusive benefit and prohibited transaction provisions under ERISA.

Static coefficients of friction for walking/working surfaces. - [1910.22]

Response to concerns about unsafe and unsanitary conditions within the meatpacking industry. - [1908.1 ]

Engineering control requirements for allergy and immunization injections. - [1910.1030; 1910.1030(b); 1910.1030(d)(2)(i); 1910.1030(c)(1)(v); 1910.1030(c)(1)(iv)]

Results of an MRI do not negate the recordability of a physician's recommendation. - [1904; 1904.7(b)(3)(3); 1904.7(b)(3)(ii); 1904.7(b)(3)(iii)]

Seeler, Marcia

Batteries in powered industrial trucks must be secured horizontally and/or vertically. - [1910.178; 1910.178(g)(5)]

Examines the applicability of the FLSA 7(i) exemption to the F&I salesperson at a car dealership

Automobile finance and insurance salesperson and section 7(i)

Employee access to needlestick and contaminated sharps injury log requirements. - [1910.1030; 1904.35(b)(2); 1904.8]

OSHA enforcement policy of the PSM standard distilleries and related facilities in SIC 2085. - [1910.119; 1910.106; 1910.119(a)(1)(ii)(B); 1926.64(a)(1)(ii)(B)]

Enhanced Enforcement Policy for Employers Who Are Indifferent to Their Obligations Under the OSHAct. - [1903; 1903.19 ]

Beards may not interfere with face seal;alternative respirators for bearded employees. - [1910.134; 1910.134(d)(1)(i); 1910.134(g)(1)(i)]

This letter provides guidance on deferring to arbitration agreements.

Discusses whether each employer at a multi-employer worksite must post notices or if a single notice is sufficient.

Application of absorbent pads for spill control;hazardous waste site cleanup training does not qualify worker as hazardous materials technician. - [1910.120; 1910.120(q)(6); 1910.120(e)]

Workplace exposure limits for ultra-violet radiation. - [1910.97; 1910.1096]

Retesting of reassembled lifting accessories if original manufacturing controls are ensured; retesting requirement if repair/replacement of parts due to breakage, damage, or evidence of diminished capacity. - [1926.251; 1926.251(a)(4)]

Tunnel/Underground construction requirements: use of flexible bag lines for ventilation; location of main ventilation fan; and reversible ventilation. - [1926]

Reiteration of Existing OSHA Policy on Indoor Air Quality: Office Temperature/Humidity and Environmental Tobacco Smoke. - [1910.1000]

Needlestick Safety and Prevention Act and the requirement to include safety-engineered sharps devices in pre-packaged surgical kits or trays. - [1910.1030; 1910.1030(d)(2)(i); 1910.1030(c)(1)(v)]

Whether administrative assistants qualify for exemption under section 13(a)(1) of the FLSA.

Whether, and under what circumstances, American Heartland Health Administrators, Inc. (and a selected "reinsurance company") may be subject to the provisions of ERISA, and whether compliance with a cease and desist order would cause AHHA to violate its fiduciary duty to act in accordance with the documents and instruments governing the plans.

Clarification of PSM applicability to processes that are based partly or solely on quantities in connected atmospheric storage tanks. - [1910.119; 1910.119(a)(1)(ii)(B); 1910.1450]

Regarding the application of ERISA to the provision of overdraft protection services, including any inherent extension of credit incident to such services, by banks, whether or not the bank exercises investment discretion over plan assets.

Whether requirements listed by ERISA § 4(c) for "deemed IRAs" apply to those added to the Plan, assuming it is a governmental plan excluded from Title I by ERISA § 4(b)(1), and whether adding "deemed IRAs" adversely affects Plan exclusion.

Use of occupational exposure levels (OELs) for substances not covered by an OSHA Permissible Exposure Limit (PEL). - [1910.1000]

Acceptability of using extensible boom forklifts to lift steel joist for spreading by hand. - [1926.757; 1926.602; 1926.602(c); 1926.602(c)(1); 1926.600]

Compliance of Non-Stop base tower and extension frames with scaffold access requirements. - [1926.451; 1926.451(e)(6)(ii); 1926.451(e)(6)(vi); 1926.451(e)(7)]

Evaluation of sutureless catheter securement devices to prevent needlestick hazards. - [1910.1030(c); 1910.1030]

Sheer connector requirements in the steel erection standard to bridge repair/rehabilitation. - [1926.750; 1926.750(a); 1926.750(b)(1); 1926.750(b)(2); 1926.754; 1926.754(c)(1)]

Acceptable uses of flexible temporary cords/cables on construction sites. - [1926.405; 1926.405(g); 1926.405(g)(1)(iii); 1926.405(g)(1)(iii)(B); 1926.405(g)(1)(i); 1926.405(g)(1)(i)(A); 1926.405(g)(1)(i)(B); 1926.405(g)(1)(i)(C); 1926.405(g)(1)(i)(D); 192

Necessary precautions required to prevent entry into a swinging superstructure's radius. - [1926.550; 1926.550(a); 1926.550(a)(9); 1926.21; 1926.21(b); 1926.21(b)(2)]

Registered professional engineer approval requirements for manufactured trench protection systems deeper than 20 feet. - [1926.652; 1926.652(c); 1926.652(c)(1); 1926.652(c)(2); 1926.652(c)(3); 1926.652(c)(4); 1926.652(b); 1926.650]

Compliance of Purlin Glide to OSHA steel erection standards. - [1926 Subpart R; 1926.754(e)(3)(i)]

Clarification of "as free as practicable" and lead contamination under 29 CFR 1926.62. - [1926.62 ; 1926.62(h)(1); 1926.62(i)(2)(i); 1926.62(i)(4)(ii)]

Compliance of Master Plank scaffold planking with OSHA plank strength requirements. - [1926.451; 1926.451(a); 1926.451(a)(1); 1926.451(a)(6); 1926.451(f); 1926.451(f)(16)]

Respiratory protection and emergency escape requirements for IDLH atmospheres. - [1910.120; 1910.120(q)(3); 1910.134; 1910.134(g)(3); 1910.146; 1910.146(i); 1910.146(k)(1)]

OSHA policy that federal officials not act as witnesses in private party litigation.

Applicability of the Bloodborne Pathogens Standard to the municipal solid waste industry. - [1910.1030(b); 1910.1030(f); 1910.1030(c)(2)]

Use of double-walled tanks as the only form of protection from collision damage. - [1926.152; 1926.152(e); 1926.152(e)(4)]

Mortar testing requirements and controlling contractor responsibilities under the Steel Erection Standard. - [1926.752; 1926.752(a); 1926.752(a)(1); 1926.755(b)]

Plasma-derived products are considered "blood" within the meaning of the Bloodborne Pathogens Standard. - [1910.1030; 1910.1030(a); 1910.1030(b)]

Occupational exposure limits, access restrictions, and posting requirements for airborne radioactive materials. - [1910.1096]

Corrected Tables A and B for 1926 Subpart R, the Steel Erection Standard. - [1926.757(c)(3)]

Guidance concerning the selection of annuity providers in connection with distributions from defined contribution plans. Specifically, the application of specific requirements of Interpretive Bulletin 95-1.

Use of body harness verses body belt for fall protection when working from elevated powered industrial truck platforms. - [1910.178]

".......under 30 C.F.R. Sections 75. 512, 75.800-3, 75.821, and 75.900-3," "........enforcement of 30 C.F.R. Sections 75.512,…."

Fall protection requirements for employees working from a "work bridge" in concrete construction work. - [1926.450(b); 1926.451(g); 1926.451(g)(4)(ii); 1926.701(b)]

Whether the Kaiser-Hill Plans are "pension plans" within the meaning of section 3(2)(A) of ERISA, and, if the Plans should be considered pension plans, whether they are so-called "top hat" plans under ERISA sections 201(2), 301(a)(3), and 401(a)(1).

Concerning the applicability of PTE 92-5, (57 FR 5019, February 11, 1992), to a transfer of a life insurance contract by a participant to his or her employee benefit plan.

This letter provides guidance on the application of the 1,250-hour eligibility test and intermittent leave under the FMLA.

Sharps injury logs are intended to track departments, devices, and/or procedures causing injuries, not injured employees. - [1910.1030; 1910.1030(h)(5)(i)(A); 1910.1030(h)(5)(i)(C)]

Applicability of the confined-space standard to dock-leveler pits. - [1910.146; 1910.146(b); 1910.146(c)(7); 1910.146(c)(7)(i); 1910.146(c)(7)(ii); 1910.146(c)(7)(iii); 1910.146(c)(7)(iv); 1910.147]

Training and PPE requirements for hospital staff that decontaminate victims/patients. - [1910.120; 1910.120(q); 1910.120(q)(3); 1910.120(q)(3)(iv); 1910.120(q)(6); 1910.120(q)(6)(ii); 1910.134; 1910.134(c); 1910.132; 1910.132(d); 1910.132(d)(2)]

Typographical error in internet text of 1926.800(r)(13)(ii). - [1926.800; 1926.800(r)(13)(ii)]

Safer medical devices must be selected based on employee feedback and device effectiveness, not Group Purchasing Organizations. - [1910.1030(c)(1)(iv)(A); 1910.1030(c)(1)(iv)(B); 1910.1030(c)(1)(v); 1910.1030(d)(2)(i); 1910.1030]

Clarification on determining if an injury or illness is work-related and the recordability of the administration of oxygen. - [1904.5(a); 1904.5(b); 1904.5(b)(3)]

Steel erection concrete testing requirements and number of samples required to be taken. - [1926.752; 1926.752(a)(1)]

Whether insurance claims adjusters satisfy the standard for exemption as bona fide administrative employees pursuant to section 13(a)(1) of the FLSA.

Fellner, Baruch

Compliance requirements for relocatable power taps or "power strips." - [1910.303(b)(2); 1910.303; 1910.304(b)(2); 1910.304; 1910.305(g)(1); 1910.305]

Fall protection requirements for employees, other than roofers, working on low-slope roofs. - [1926.502; 1926.502(b); 1926.501; 1926.501(b); 1926.501(b)(10); 1926.501(b)(2); 1926.501(b)(12); 1926.501(b)(13); 1926.502(f); 1926.502(f)(2); 1926.500]

Applicability of the steel erection standard to repair and installation of metal roofing and roofing accessories. - [1926.502; 1926.502(d)(15)(i); 1926.502(d)(15)(ii); 1926.502(d)(15); 1926.750(a); 1926.750(b)(1); 1926.750(b)(2); 1926.751; 1926.753(c)(5);

Guidance addressing what a fiduciary needs to consider when evaluating the reasonableness of a services agreement that allows the service provider to retain the float.  Also addresses the information that the service provider needs to dsiclose to plan fid

Guidance addressing whether trustees of related multiemployer defined benefit and defined contribution plans are subject to ERISA's fiduciary standards when they amend the plans to modify the formula for allocating employer contributions between the two p

Information Letter to Sherwin Kaplan.

Whether the International Union for the Natural Health, Complementary & Alternative Medicine Professions Health and Welfare Fund is established or maintained under or pursuant to one or more collective bargaining agreements for purposes of section 3(40)(A)(i) of ERISA.

Additional clarification of using ANSI Z358.1 as guidance to comply with 1910.151(c). - [1910.151(c)]

Whether the time an employee is required to remain at his or her residence while on paid sick leave is considered compensable hours worked which must be included in the computation of overtime under the FLSA.

Issuance of "unclassified" citations as a settlement tool. - [2200.100]

Use of aerial lift or scissor lift guardrails as a work or scaffold platform. - [1926.450; 1926.502(d); 1926.451(b); 1926.451(b)(2)(ii); 1926.453(b)(2)(iv); 1926.451(a)(1); 1926.451(a)(6); 1926.451(f); 1926.502(d)(23); 1926.451(g)(1); 1926.452(w)]

Field bolting and welding requirements for steel joist assembly - [1926.757; 1926.757(b); 1926.757(b)(1); 1926.757(b)(2); 1926.757(b)(3); 1926.757(a)(8); 1926.757(c)(1); 1926.757(c)(2); 1926.757(a)(8)(i); 1926.757(a)(8)(ii)]

Whether the Communications Workers of America, Local 1180 Members' Annuity Fund remains a "governmental plan" if it extends eligibility to its trustees, who are Local 1180 officers, and accepts contributions for any trustee whom Local 1180 employs, since the Fund otherwise exclusively covers government employees of NYC and related public employers whose bargaining agreements require them to provide all contributions currently received by the Fund.

Application of the bloodborne pathogens standard to veterinary clinics. - [1910.1030(d)(4)(iii)]

Whether students volunteering to bag groceries for tips at a commercial for-profit supermarket would be considered employees under the FLSA.

Electrical standard requirements concerning covers for electrical pull boxes, junction boxes, and fittings. - [1926.405; 1926.405(b)(2); 1926.405(b)(3); 1926.405(b)(3)(ii); 1926.405(j)(1)(i)]

Considerations for using a continuous-climb fixed ladder on a steel stack instead of ladder cages and platforms. - [1910.27(d)(2); 1910.27(d)(5)]

Whether two UC pension plans adversely affect exclusion from Title I of ERISA as "governmental plans" by awarding service credits and transferring account balances connected with about two years when UC San Francisco Medical Center transferred a group of employees, now reemployed by the Medical Center and again participating in UC plans, to employment with the Medical Center's now-terminated, private sector joint venture with Stanford University and to coverage by the joint venture's private sector pension plans.

HAZWOPER safety and health plan requirements for Phase I and Phase II environmental assessments. - [1910.120(b)(4); 1910.120(b)(4)(ii); 1910.120(d); 1910.120; 1926.21(b)(2)]

Inspection and maintenance requirements for compressed natural gas storage cylinders; use of updated Compressed Gas Association pamphlets for guidance. - [1910.101; 1910.101(a)]

Use of ANSI C2-1997 as guidance for protecting employees working near insulated shielded conductors. - [1910.269(a)(1); 1910.269(u)(4); 1910.269(u)(5); 1910.269(v)(4); 1910.269(v)(5); 1910.303(g)(2); 1910.303(h)(2); 1910.335(a)(2)(ii); 1910.333]

Guidance on the obligations of a fiduciary under ERISA sections 404(a) and 408(b)(3) of ERISA in connection with the refinancing of an exempt ESOP loan.

HAZWOPER medical examinations must be offered at a reasonable time and without cost to the employee. - [1910.120(f)(5); 1910.120]