Guidance Search

Where an employee who is on-call is free to come and go as he or she pleases, and is also free to engage in personal activities duing periods of idleness, such time is not hours worked.  However, if calls are so freqent or the on-call conditions so restrictive that the employee cannot effectively use on-call time for his or her own purposes, the on-call wating time would be counted as hours worked.

Whether at the time of certain loans by Alaska Teamster-Employer Pension Trust (PT) to WT in 1977 and 1978, was WT an employee organization with members covered by PT and therefore a party in interest with respect to PT under section 3(14)(D) of ERISA, and whether at the time of said loans, was WT a contributing employer with respect to PT and therefore a party in interest under section 3(14)(C) of ERISA.

Whether the Audiotronics Profit Sharing Plan (the Plan) is no longer required to engage, pursuant to section 103(a)(3)(A) of ERISA, an independent qualified public accountant to make an examination and report with respect to the financial statements of the Plan.

Some employers have banned portable stereo headsets. - [1910.95]

Whether a foreign subsidiary of Dibrell would be considered an "affiliate" within the meaning of section 407(d)(7) of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the Structural Ironworkers Local No. 1 Annuity Fund (the Annuity Fund) and the Structural Ironworkers Local No. 1 Pension Fund (the Pension Fund) are employee benefit plans under section 3(3) and thereby covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Requirements for mesh size on protective canopies for mobile equipment. - [1926.604]

Affirms FLSA regulation that a tip presented by a customer in recognition of an employee's service becomes the property of that employee, so the tips may not be regarded as sales. Also clarifies the tip credit regulations regarding customarily and regularly tipped employees and the permissible cash wage under 3m.

Response to a request that foundry castings be classified as articles under the Hazard Communication standard. - [1910.1200]

The Uvex Winter Optical Ultra-Spec 2000 eye protective device complies with ANSI Z87.1-1968. - [1910.133(b)(2)]

Nationally recognized testing laboratories evaluate safety features of electrical devices. - [1910.399]

Whether the Government Employees Credit Union in San Antonio, Texas (GECU), is an employees' beneficiary association within the meaning of section 3(4) of the Employee Retirement Income Security Act of 1974 (ERISA); and whether the legal services plan GECU may offer is an employee welfare benefit plan covered by ERISA.

Boarding, lodging, and other goods included when computing the employees' regular rates when calculating the overtime.

MSDS requirements for complex mixtures with similar hazards. - [1910.1200]

Proportionate share of tips.

Whether the proposed lease the lease of the Plant and the Office Building from the Plan to the Company would not involve a prohibited transaction under ERISA section 406(a)(1)(A) by reason of the Company’s being a party in interest with respect to the Plan under section 3(14)(C).

Gloves are required for employees handling chloropicrin; Arsenic containing pesticides and wood preservatives are not within the scope of the inorganic arsenic standard. - [1910.132; 1910.1018]

OSHA standards do not include surface contamination criteria or quantifications for skin absorption. - [1910.1000]

Whether the employers who have adopted the Plan are required under 29 C.F.R. §§2520.103-3 and 2520.103-9 to include with their annual reports copies of Schedule A's for insurance contracts in which assets of the Plan's Fixed Income Fund are invested.

Audiograms conducted in accordance with the hearing conservation amendment. - [1910.95(g)(7)(ii)]

Whether the execution of the master purchase agreement and the buying of the purchase contracts from ROLM will not constitute prohibited transactions under section 406 of ERISA or section 4975 of the Code, and whether the services performed by Account Executives of Federal Leasing in the processing of purchase contracts from ROLM, and the use of Federal Leasing employees to handle the billing and collection of payments on contracts purchased by the Plan do not constitute prohibited transactions under section 406 of ERISA and section 4975 of the Code by reason of section 408(b)(2) of ERISA and section 4975(d)(2) of the Code.

Response to request for new PEL for wood dusts. - [1910.265]

Exemptions for living writers, reporters and personnel managers.

Whether the Vulcan Lead Products Co. Short Term Disability Benefit Plan (the Program). constitutes a payroll practice within the meaning of 29 C.F.R. §2510.3-1(b)(2) rather than an employee welfare benefit plan described in section 3(1) of ERISA and is thus excluded from ERISA title I coverage.

Interpretation of "effective hearing conservation program". - [1910.95(g)(10)(i)]

Standards applicable to Bell Industries "Carb-Cutter" powered tool. - [1910.132; 1910.133; 1910.219; 1910.242(a); 1910.243(a); 1910.243(c); 1926.28; 1926.102(a); 1926.300; 1926.302(c); 1926.303; 1926.304]

CPL 02-00-064 [CPL 2.64] - National - Implementation of a Construction Fatality Information Dissemination System - 06/05/1985

CPL 02-02-006 [CPL 2-2.6 CH-1] - National - Removal of Obsolete Sections - 06/03/1985

CPL 02-02-022 [CPL 2-2.22 CH-1] - National - Removal of Obsolete Sections - 06/03/1985

CPL 02-02-027 [CPL 2-2.27 CH-1] - National - Removal of Obsolete Sections - 06/03/1985

CPL 02-02-031 [CPL 2-2.31 CH-1] - National - Removal of Obsolete Sections - 06/03/1985

General overview of safe handling of arsenic containing compounds. - [1910.1000]

Criteria for final medical determinations under medical removal protection benefits of the lead standard. - [1910.1025]

Method for exposure compliance determination for substances regulated under Subpart Z. - [1910 Subpart Z]

Clarification of employment options for employees that fall under the medical removal protection benefits of the lead standard. - [1910.1025]

Whether the Express-News Federal Credit Union (the Credit Union) Group Legal Services Plan, which provides prepaid legal services to member of the Credit Union, is an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.

Procurement procedures for purchase of personal protective equipment by Federal agencies. - [1960.8]

Proposed payment plan for employees engaged to wait.

Whether the UFT Welfare Fund Prescription Drug Plan (the Drug Plan) is an employee welfare benefit plan within the meaning of section 3(1) of ERISA, and covered by title I of ERISA and the effect of certain provisions of ERISA, or is a governmental plan within the meaning of section 3(32) of ERISA and therefore exempt from coverage under title I?

Whether a fiduciary who receives full-time pay from an employer association acting on behalf of a group of employers as a sponsor of an employee benefit plan, where employees of the contributing employers are participants in the plan, would be precluded under section 408(c)(2) from receiving compensation from a plan for his services as trustee.

Whether the proposed merger of the Retirement Plan and the Hourly Plan would permit these plans to be treated as a single continuing plan for the purpose of applying ERISA sections 407(a)(2) and 407(a)(3) so that the Merged Plan will be deemed to satisfy the holding and acquisition rules of those provisions if the fair market value of the aggregate shares of qualifying employer securities in the Retirement Plan and the Hourly Plan respectively as of any date after 1974 was 10 percent or less of the fair market value of the aggregate assets of each plan.

Scope of standard for servicing multi-piece and single piece rim wheels. - [1910.177(a)(2)]

No specific standards regulate supermarket laser scanning equipment. - [1910.97]

Whether the purchases and sales of stock of the Philadelphia Saving Fund Society (PSFS) by self-directed individual retirement accounts (IRAs) and self-directed Keogh plans for which PSFS acts as custodian or trustee violate the prohibited transaction provisions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) and section 4975 of the Internal Revenue Code (the Code).

Standards applicable to buddy breathing devices for fire brigades. - [1910.156; 1910.16]

Definitions of "substantial noncombustible material" and "facilitate cleaning and washing". - [1910.107]

A manually propelled elevating work platform is not regulated by a specific standard, and is therefore regulated by the general duty clause. - [1910.29]

Whether Associated Advertising Agency, Inc. is a party in interest under section 3(14) of ERISA or a disqualified person under section 4975(e)(2) of the Code with respect to the IRA established on behalf of Mr. Preston D. Huston, an officer, director of Associated, and, as a result, whether the lease between the IRA and Associated constitutes a prohibited transaction under section 406 of ERISA or 4975 of the Code.

Whether the use by the Bank of it's in-house discount brokerage for plans it serves as trustee would not constitute a violation of section 406(b)(1) of ERISA if the authorization to use such services was made in advance by an account manager or based on a standing instructions.

Whether the use by the Bank of it's in-house discount brokerage for plans it serves as trustee would not constitute a violation of section 406(b)(1) of ERISA if the authorization to use such services was made in advance by an account manager or based on a standing instructions.

Information on 3,3'-diaminobenzidine

Facial hair and respirator wearing. - [1910.134]

Medical Screening requirements for employees previously exposed to beta-Naphthylamine. - [1910.1009]

Respiratory protection for abrasive blasting with silica. - [1910.94(a)(5)(ii)(b)]

Whether the Medical Benefit Trust (the Trust) established by the City of Raleigh, North Carolina, to implement its Medical Benefits Plan (the Plan) for its employees would be considered a governmental plan described in section 4(b)(1) of title I of ERISA and not subject to the reporting and disclosure requirements and other requirements of title I of ERISA.

Whether the Retirement Plan for Employees of Holy Cross Hospital (the Retirement Plan) would be a church plan within the meaning of section 3(33) of title I of ERISA and therefore exempt from coverage under that title pursuant to section 4(b)(2) of ERISA.

Applicability of 1910.212(a)(3)(ii) to Portable Pneumatic Powered Fastener Tools. - [1910.212; 1910.212(a)(3)(ii); 1910.212(a)(3)(iv)(h); 1910.243(a)(2)(ii); 1910.243(b); 1926.302(b)(3)]

Information on forklift trucks for handling LOX. - [1910.178(c)(2)(iii); 1910.178(c)(2)(iv)]

Ventilation requirements for the auto and printing industries. - [1910.94; 1910.106; 1910.107; 1910.124; 1910.125(d)(2)]

Clarification of medical removal protection benefits in the lead standard. - [1910.1025]

Standard applicable to control of dust explosions in powdered milk production. - [1910.22; 1910.301]

Whether the First Maryland Bancorp Health Benefit Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the financial statements of the Plan as a whole remain subject to the audit requirements prescribed in section 103(a)(3)(A) of ERISA and regulation §2520.103-1.

Whether the Meridian Inc. Employee Benefit Plan (the Plan) which provides group medical, dental, and life insurance benefits is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the Landmark Financial Services Inc. Group Life, Disability, and Health Plan (the Plan) is an employee welfare benefit plan covered by title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the Transit Employees of Tidewater Disability and Retirement Allowance Plan (the Tidewater Plan) is a governmental plan as defined in section 3(32) of ERISA and is thereby excluded by section 4(b)(1) of ERISA from coverage by title I.

Position on MSDS format for compliance with the Hazard Communication standard. - [1910.1200]

DOL announced that the District court had lifted the injunction that had deferred implementation of these regulations

Clarification of the term "clip" as used in the last sentence of the subject ANSI reference. - [1926.700]

Fast response noise dosimetry measurement not acceptable. - [1910.95]

Whether the Cultural Institutions Pension Plan (the Plan) is covered by title I of ERISA and that the provisions of section 200 of the New York Insurance Law (NY Section 200) are preempted with respect to the Plan.

Facial hair and the wearing of respirators. - [1910.134]

Whether the Money Back Health Protector Program (the Program) of the Missouri State Teachers Association (MSTA) is maintained by an employer, employee organization, or both, and therefore is an employee welfare benefit plan within the meaning of section 3(1) of ERISA and covered by title I of ERISA.

Service charges paid to full-time waiters.  

Whether the summary plan description (SPD) required under section 102 of ERISA must contain vesting provisions which have been adopted, but which will not take effect unless the plan becomes top-heavy.

Evaluation of X-rays and pulmonary function tests for early diagnosis of lung disease. - [1910.1001; 1926.1101]

Whether the VMS Employees' Investment Incentive Plan (the Plan) which provides for a current transfer of income and the reporting thereof for tax purposes by the employees making an election under §83(b) of the Code, and therefore does not provide for a deferral of income. is as "employee benefit plan" within the coverage of title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Organic lead soap containing lead naphthenate is regulated under the lead standard. - [1910.1025]

Federal employees' rights and reprisal protection in relation to filing safety and health complaints. - [1960]

Professional exemption for Medical Sonographer

OSHA/NRC Interface Activities and Related Information - [1910.1096]

Whether the arrangement by the Wisconsin Education Association Insurance Trust (WEA Insurance Trust) to provide group health benefits to the employees of the Sioux City Community School District of Sioux City, Iowa (the School District) is established or maintained by an employees' beneficiary association within the meaning of section 3(4) of ERISA and whether the insurance laws of the State of Iowa are preempted by section 514(a) of title I of ERISA.

Whether the arrangement between the Sioux City Community School District of Sioux City, Iowa, and the Wisconsin Education Association Insurance Trust (WEA Insurance Trust) the WEA Insurance Trust program of benefits for employees of school districts is not established and is not maintained by an employee organization within the meaning of section 3(4) of title I of ERISA with respect to those employees. This opinion revokes Opinion 83-36A (issued July 5, 1983) regarding the status of the WEA Insurance Trust under title I of ERISA.

Whether entities that are recipients of “church plan” letters from IRS constitute one or more church plans within the meaning of section 3(33) of title I of ERISA.

Requirements for fire brigade instructors.; Requirements for fire brigade instructors. - [1910.156; 1910.157]

Use of an electronic back-up mirror used with a with a reverse audible alarm. - [1926.602(a)(9)]

Regulations for the calibration of spirometers and audiometers;Regulations for the calibration of spirometers and audiometers. - [1910.1043; 1910.95]

Clarification of application and requirements for unobstructed view for 1926.601(a). - [1926.601(a)]

Professional exemption for Licensed Veterinary Technicians

Whether the Group Insurance Trust Funds constitute multiple employer welfare arrangements (MEWAs) within the meaning of section 3(40) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and, if so, whether such MEWAs are fully insured within the meaning of section 514(b)(6)(A)(i) of title I of ERISA and therefore state insurance laws would not apply except to the extent permitted under section 514(b)(6)(A)(i) of ERISA.

Fixed salary for inside sales personnel with a fluctuating workweek.

Method used when calculating additional overtime premium pay due on incentive bonuses.

Section 13(a)(3) New Restaurant inside Seasonal Amusement Establishment

7(i) Covenience Stores and Gas stations managers paid on a commission basis

Labeling provisions in the ethylene oxide final rule will not apply where EtO is used as a pesticide. - [1910.1047]

Training, Employment and Playing Opportunities in a Golf Program.

Whether the First Federal Savings and Loan Association  Stock Purchase Plan and Trust Agreement is an employee benefit plan within the meaning of section 3(1) of the Employee Retirement Income Security Act of 1974 (ERISA) or an employee pension benefit plan within the meaning of section 3(2) of ERISA.

Whether under the reporting requirements of section 103(a)(3)(A) of the Employee Retirement Income Security Act of 1974 (ERISA) the Department would view a "no opinion" audit by the independent qualified public accountant as the equivalent of no audit of the accountant could not perform enough audit procedures to render an opinion, because several plans he audited did not prepare their financial statements according to generally accepted accounting principles (GAAP) and other plans want the accountant to limit the scope of the accountant's examination by excluding the audit of participant data.

Acceptable respirators for exposure to ethylene oxide; Acceptable respirators for exposure to ethylene oxide. - [1910.134; 1910.1047]

Whether the election by Diagnostic Pathology, P.A.(the Employer) to become a small business corporation would cause loans from the Diagnostic Pathology, P.A. Employees' Pension and Profit-Sharing Plans to each of the two doctors who own 50% of the outstanding shares of the employee, which were made in accordance with the provisions of section 408(b)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) and section 4975(d)(1) of the Internal Revenue Code (the Code) to become to become prohibited transactions under section 406 of ERISA and 4975(c) of the Code by virtue of section 408(d) of ERISA and the last paragraph of 4975(d) of the Code.