Guidance Search

Whether the Nevada Resort Association Health and Welfare Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974, and subject to the requirements of that title.

Review of permissible radiation exposure levels. - [1910.1096]

Safeguarding of floor holes between platforms and equipment. - [1910.21(a)(1); 1910.23]

Whether the Continuing Unemployment Proficiency and Training Fund to be added to the IBEW Local No. 212 (the Union) Supplemental Unemployment Benefit Trust Fund may provide benefits included in the definition of an employee welfare benefit plan in section 3(1) of the Employee Retirement Income Security Act of 1974.

Clarification concerning allowable drilling distance between loaded holes for a blasting operation. - [1926.905; 1926.905(h); 1926.905(i)]

Blood-lead level requirements and medical removal protection provisions of the lead standard. - [1910.1025]

Whether the Southern California IBEW-NECA Labor-Management Cooperation Committee (SCLMCC) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974.

Whether an insurance program offered by the California Autobody Association (CAA) for the benefit of its members' qualified employees is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974.

Whether the County of Wake, North Carolina Medical Benefits Trust (the Trust) is a governmental plan within the meaning of section 3(32) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and therefore is excluded from coverage under that title by section 4(b)(1) of ERISA.

Whether Kentucky General Assembly's enactment of House Bill 670, which included provisions  affecting pension plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), is preempted by ERISA section 514.

Redrilling Seismic Shotholes For The Purpose of Plugging the Hole to Protect Groundwater. - [1926.905]

Whether the Bay Commission’s employee benefit arrangement for its employees who do not participate in Rhode Island’s retirement system constitutes a governmental plan excluded from title I of the Employee Retirement Income Security Act of 1974.

Facial hair in the face sealing area is unacceptable. - [1910.134(g)(1)(i); 1910.134(g)(1)(ii); 1910.134(g)(1)(iii)]

Pay advances and tuitions due after employee quit job or is terminated.

Health problems probably not due to ionizing radiation exposure. - [1910.1096(b)(1)]

Information on hazards of dry photocopiers - [1910.1000; 1910.1000 TABLE Z-1]

Review of testing requirements for rubber insulating equipment. - [1910.268(f)(5)]

Fixed workweeks, Salary advances, and holiady pay under section 7(e)(2)

Whether Santa Fe Southern Pacific Corporation (SFSP) received by the Southern Pacific Company Stock Purchase and Savings Plan (the Plan). in exchange for stock in the Southern Pacific Company and Santa Fe Industries, Inc,  constitutes "qualifying employer securities" within the meaning of section 407(d)(5) of the Employee Retirement Income Security Act of 1974.

Requirements for alternate warning methods, delays between filling and labeling a chemical container, and label identification of mixtures under HCS. - [1910.1200(c); 1910.1200(f)(4); 1910.1200(f)(5); 1910.1200(g)]

The standard does not regulate the manufacture of equipment such as a safety block with a retractable steel wire. - [1926.104]

Hazards of exposure to waste anesthetic gases, particularly fluothane.

Ball-type handrail system. - [1926.500]

Relationship between the hazard communication standard and the Department of Defense's requirement for safeguarding classified information. - [1910.1200]

Whether the Pension Fund of Local One, Amalgamated Lithographers of America (the Local One Plan) and the ALA-Lithographic Industry Pension Plan (the ALA Plan) constitute a single employee benefit plan for the purposes of title I of the Employee Retirement Income Security Act).

Homework found in the jewelry manufacturing industry found in Regulation 29 CFR Part 530

Regulations for machine shop and press room safety. - [1910; 1910.94; 1910.217; 1910.217(c)(1)]

Interpretation on 1926.955 - [1926.955]

Dietary zinc compounds are not a violation of the lead standard. - [1910.1025(j)(4)]

Quest Bio Acoustic Simulator may be used for daily audiometer checks. - [1910.95(h)(5)(i)]

Section 13(b)(10)(B) for individuals primarily engaged in the sale of manufactured, or mobile, homes. Determining if a mobile home qualifies a retail establishment.

Workers injured on the job referred by insurance progarm to participate in Vocationa Rehabilitation Program.

Whether the Department of Labor will deem The Southern Company (Southern) to have established an employee pension benefit plan within the meaning of section 3(2) of title I of the Employee Retirement Income Security Act of 1974 by partnering with The First National Bank of Atlanta to offer Individual Retirement Accounts that invest in Sothern’s Common Stock.

Reginned cotton is raw cotton and the 200 ug/m3 PEL applies. - [1910.1043(c)(1)]

Yellow Duraguard eye protectors comply with ANSI Z87.1-1968 but should not be used for welding or similar activities. - [1910.133(b)(2)]

Rose tint lenses are allowed for safety glasses if they comply with ANSI Z87.1-1968. - [1910.133(b)(2)]

MSDS requirements for products that are composed of a mixture of non-interacting chemicals. - [1910.1200]

Using Fluctuating workweeks as discussed in 778.114 for employees providing lawn care.

Ground-fault protection standards when extension cords are plugged into permanent wiring at construction sites. - [1910.404(b)(1)]

Wire rope and/or cable as a method of perimeter protection for a building under construction. - [1926.500; 1926.451]

Working on oil-drilling rig who is on 24-hour call and works 13 hours.  See 785.22

Clarification of 1926.28(a) as to whether an orange vest constitutes personal protective equipment. - [1926.28(a)]

Time spent receiving prescription glasses or medical attention during the regular workday under section 785.43.

Whether the relief from prohibited transactions provided by the Department of Labor’s Prohibited Transaction Exemption 83-1 will be available for certain transactions involving mortgage pools which consist of the Bank of America National Trust and Savings Association (the Bank) new form of Short-Term Mortgage Loan, and whether the placement of principal prepayment amounts in Bank deposit accounts will be exempt from the prohibited transaction provisions of section 406 of the Employee Retirement Income Security Act of 1974 (ERISA) by virtue of section 408(b)(4) of ERISA.

Whether the Iron County Medical Care Facility, also known as County Infirmary’s provision of life insurance for its employees is a governmental plan within the meaning of section 3(32) of the Employee Retirement Income Security Act of 1974 (ERISA) and, thus, is not subject to title I of ERISA.

Whether the Department of Labor will update its Advisory Opinion 82-50A, which held that the Realtors Group Insurance Trust (Trust) was not an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA), to confirm that REGIT, a non-stock corporation assuming the obligations of the Trust, is not an employee welfare benefit plan within the meaning of section 3(1) of title I of ERISA.

DOL advises agencies of the Department's procedures concerning CWHSSA violation cases on SCA contracts

Whether PTE 79-60 permits Glen-Wahlberg & Co. and the Sistrunk Insurance Agency, subsidiaries of Wetterau, Inc whose employees participate in the Wetterau, Inc. Group Insurance Plan (the Plan) to sell insurance to the Plan and to receive commissions thereon, if the conditions of the class exemption are met.

Interpretation on preservation of employee x-ray films. - [1910.1020]

Whether the Florida Health Care Association Group Trust (the Trust) is an employee welfare benefit plan within the meaning of section 3(1) of title I of the of the Employee Retirement Income Security Act of 1974.

Whether the option prices contained in a 1966 amendment to a lease of property owned by the Profit-Sharing Plan for Employees of Southwestern Drug Corporation and Southwestern Drug Corporation may be considered in determining the fair market value of the Property under section 414(c)(3) of the Employee Retirement Income Security Act of 1974 and Labor Department regulation 29 CFR 2550.414c-3(b)(3).

Whether certain equity interests in real properties acquired in 1982 by John Hancock Mutual Life Insurance Company (the Company) for both its general account and a separate account (holding assets of the Employee’s Retirement and Benefit Plan of Schenley Industries, Inc. for which the Company is a fiduciary) are “held pursuant to a binding contract in effect on July 1, 1974” under 414(c)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) because the interests were acquired in a foreclosure auction that resulted from defaults on pre-1974 mortgages.

Material handling operations in longshoring operations. - [1926.605]

Acceptance of certain threaded bushings on type 11 grinding wheels as being safety guards. - [1910.243(c)]

Whether two individual retirement programs to be implemented by Armco, Inc. and its affiliates constitute employee pension benefit plans within the meaning of section 3(2) of title I of the Employee Retirement Income Security Act of 1974.

Whether section 514 of title I of the Employee Retirement Income Security Act of 1974 (ERISA) preempts Puerto Rican laws H.B. 943 (No. 33), approved May 6, 1983, to add section 19.031 to Act No. 77 of June 19, 1957, as amended, known as the "Insurance Code of Puerto Rico" and Act No. 113, approved June 2, 1976, to add a new chapter 19 to Act No. 77, with respect to collectively bargained employee benefit plans covered by title I of ERISA.

Whether the Minnesota Timber Producers Association's Group Health Plan is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA).

Evaluation of Retractalok Series RTC-2700 fall protection equipment. - [1926.104]

Pay arrangements discussed in section 778.114 for a cook in a food service establishment

Payment for nonexempt employees, subpeonaed to testify in cases of individuals who are former patients of the hospital.

Whether the Central States Region Voluntary Employees' Beneficiary Association Trust (the Trust) and/or the Central States Region Voluntary Employees' Beneficiary Association Trust Medical Plan (the Medical Plan), both created January 1, 1984, are “employee welfare benefit plans” as defined by section 3(1) of the Employee Retirement Income Security Act of 1974.

Medical Interpretation concerning exposure to H2S and respiratory protection with a perforated ear drum. - [1910.134(e)]

Section 3(m) deductions made for cost of fingerprinting

Aerial lifts. - [1926.556]

Non exempt maintenance employee's working while on call. Section 785.35 and 785.36.

Questions and answers relative to the noise standard. - [1910.95]

Whether the Mechanics' Lien Laws of the State of California and their related provisions are preempted by section 514 of title I of the Employee Retirement Income Security Act of 1974 (ERISA) insofar as the California laws permit employee benefit plans covered by ERISA title I to foreclose on real property works of improvement to recover contributions owed those plans by contributing employers for work performed on the real property.

Bonus paid to employees based on a percentage of total monthly earnings, including overtime, when certain sales goals of a store are met or exceeded. Section 778.210

Whether a retiree working full-time as a maintenance refractory bricklayer for the Ford Motor Company’s Rouge River steel facility (Ford), which does not maintain the Bricklayers Pension Trust Fund-Metropolitan Area (the Plan), and who prior to his employment by Ford worked for subcontractors performing bricklaying work at Ford, accruing benefits under the Plan, has been working in the same “industry” as that term is used in the within the meaning of section 203(a)(3)(B)(ii) of the Employee Retirement Income Security Act of 1974 and the Department of Labor’s suspension of benefits regulation (29 CFR §2530.203-3(c)(2)).

Service employees in certain self-development training courses similar to "Introduction to Supervision" and should also be considered under section 785.27.

Whether a proposed contribution or sale of certain real property to the Profit Sharing Trust for Employees of E-Z Serve, Inc. (the Plan) and simultaneous leaseback of the property to the E-Z Serve, Inc. (the Company) will be exempt from the prohibitions of sections 406 and 407 of the Employee Retirement Income Security Act of 1974 (ERISA) by the exemption contained in section 408(e) of ERISA for the acquisition, sale or lease of qualifying employer real property, and whether the land the Company proposes to contribute is qualifying employer real property under section 407(d)(4) of ERISA.

Whether the loss or destruction of records that must be retained under section 107 of the Employee Retirement Income Security Act of 1974 (ERISA) before the end of the six-year retention period prescribed by section 107 discharges persons required to retain the records from their statutory duty to do so.

Interpretation of 1910.179, Overhead and Gantry Cranes - [1910.179]

Whether section 5(g) of Puerto Rico Act. No. 17 (approved April 17, 1931) as amended is preempted under section 514(a) of title I of the Employee Retirement Income Security Act of 1974.

Whether the National Automatic Sprinkler Industry Welfare Fund (the Fund) is an employee welfare benefit plan within the meaning of section 3(1) the Employee Retirement Income Security Act of 1974 (ERISA) and/or a multiple employer welfare arrangement as described in section 3(40) of title I of ERISA.

Customer service technicians employed by a manufacturer of electronic equipment and machinery.  Exemptions 13(a)(1)

Baseline audiograms must be established even if medical problem exists. - [1910.95]

The compliance of a thermoreactor product with OSHA standards. - [1910.107]

Whether the Master Employers Trust, established in 1977 for the purpose of providing comprehensive and total dental health care to participating employers, their employees, and eligible dependents, is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974 (ERISA) and/or a multiple employer welfare arrangement under section 3(40) of ERISA, as amended by the Act of January 14, 1983 (Pub. L. 97-473).

Extent to which safety mats provide for compliance with OSHA regulations for machine guarding. - [1910.212; 1910.219]

Whether the proposed Transfer Employee Severance Pay Plan of the San Francisco Newspaper Agency (the Transfer Plan) is an employee pension benefit plan (pension plan) within the meaning of section 3(2)(A) of title I of the Employee Retirement Income Security Act of 1974 or a severance pay plan which is not a pension plan under Labor Department regulation 29 C.F.R. §2510.3-2.

Whether the Euro-clear system, a central clearance system for internationally traded securities operated by the Brussels office of Morgan Guaranty, which accepts for deposit securities that are expected to be traded in international markets and allows the securities to be transferred, loaned, or pledged by bookkeeping entry without physical delivery of securities, is a "foreign clearing agency which acts as a securities depository" within the meaning of Department of Labor regulation 29 CFR §2550.404b-1(a)(2)(ii)(C).

Whether the Cooper-Jarrett, Inc., Retirement Plan for Non-Bargaining Employees violated the notification requirements of the Labor Department’s suspension of benefits plan regulation (29 CFR 2530.203-3), by suspending the retirement benefits for certain employees who continued working for their employer past their normal retirement age, which was prior to the effective date of the regulation, January 1, 1982), without making actuarial adjustments to their benefits or notifying the participants of these facts by the time these participants retired (whether before, on, or after the effective date of the regulation).

Laboratory-based noise reduction defined. - [1910.95]

Conformance of the Blue Line PFR/Power Failure Release Option with applicable OSHA standards. - [1910.213]

Security officer license expense incurred by employees. Four-hour program which deals with the specific performance expected of security guards under section 785.7.

Medical surveillance is not required for terminated employees. - [1910.1029(j)]

Employees exposed to crane or derrick. - [1917.45]

Whether the Concept Systems, Inc. Growth Share Plan (the Plan), which provides annual payments to participating employees during employment, after a compensation deferral for a maximum of 3 years, is an employee welfare benefit plan within the meaning of section 3(1) or an employee pension benefit plan within the meaning of section 3(2) of the Employee Retirement Income Security Act of 1974 (ERISA).

Whether the Donnelly Mirrors, Inc. Participant Benefit Plan may benefit from the limited exception at 29 CFR §2520.104-44, to the reporting requirements of the Employee Retirement Income Security Act of 1974 (ERISA), including the requirement under ERISA section 103(a)(3)(A) that an independent qualified public accountant must conduct an examination and certify any financial statements the Plan may have.

Whether the Keep Well Trust for Employer Aided Benefits is an employee welfare benefit plan within the meaning of section 3(1) of title I of the Employee Retirement Income Security Act of 1974.

Whether transactions meant to separate two employee stock ownership plans originally created for employees of Time Incorporated (Time) by providing that each plan would have investment committees without members in common, would not provide services to each other, and would not own the same non-employer securities, were prohibited transactions under either Section 406(a) or 406(b)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) whether after the transactions, the plans would be parties in interest with respect to each other under ERISA section 3(14).

A film can meet training requirements if questions are answered. - [1910.95(k)]

March 1, 1984 is the deadline for baseline audiograms - [1910.95(c)]

Transfer of nonflammable and noncombustible liquids via air pressure. - [1910.106(e)(2)(iv)(d); 1910.106(a)(18)(ii)(b)]

Whether an amendment to the Marine Midland Thrift Incentive Plan (the Plan) that would permit a participant to direct the Trustee of the Plan (Marine Midland, which serves without compensation ) to invest all or a portion of the participant's interest in the Plan in one or more of the three investment portfolios maintained by Mariner Institutional Funds, Inc. (Mariner), and several other changes in the management of the plan would be prohibited transactions under the Employee Retirement Income Security Act of 1974 (ERISA), and if so, whether Prohibited Transactions Exemption 77-3 would apply, especially with respect to the acquisition or sale of shares of Mariners Funds by Marine Midland, as Trustee of the plan.

Costs of employee training under the noise standard paid by employer. - [1910.95(k)]

Whether the retirement plan (the Plan) sponsored by Searle & Co. can exclude from its annual return/report (Form 5500) the report of an independent qualified public accountant, which is generally required by Section 103(a)(3)(B), of the Employee Retirement Income Security Act of 1974 but also may be limited by regulation 29 CFR 2520.103-8, because all of the Plan’s assets are held by a bank authorized by the Department of Treasury to perform as trustee, is subject to periodic audit and examination by both the Commonwealth of Puerto Rico and Federal agencies, and the return is accompanied by an actuarial report detailing the Plan’s general situation produced and certified annually by an enrolled actuary.

Workers cannot sign a release so they can wear a respirator with a beard. - [1910.134(g)(1)(i)]

Whether the A.I. McDermott Co., Inc. Health and Welfare Trust (the Trust), a welfare benefit plan with fewer than 100 participants, qualifies for the limited exemption to the reporting and disclosure requirements of title I of the Employee Retirement Income Security Act of 1974 for certain small welfare plans prescribed in 29 C.F.R. §2520.104-20.