Ask (OSHA) and You Shall Receive? DOL Expands Opinion Letter Program for OSHA and Other DOL Agencies

Boston, Mass. (June 16, 2025) - A common refrain from many U.S. employers following receipt of an Occupational Safety and Health Administration (OSHA) citation is that if they had known that they were in violation, they would have acted quickly to correct it. Well, now the U.S. Department of Labor (DOL) has expanded access for employers in doubt about whether they are in compliance with the law through the “opinion letter program.”

The DOL has made the opinion letter program available across five of its agencies to expand compliance assistance. They are:

The Wage and Hour Division
OSHA
The Employee Benefits Security Administration
The Veterans’ Employment and Training Service
The Mine Safety and Health Administration

Employers now can request opinion letters addressing their specific question. As outlined on the DOL’s website, an effective request shall include:

an accurate and complete description of the facts, such as job duties, work schedules or pay structure;
confirmation that the request is not related to an existing matter that requires the interpretation of federal law (i.e., not related to an open investigation, citation, etc.);
details that allow review and response but do not include sensitive personal or confidential business information; and
a phone number in case the DOL needs to follow up.

For decades, employers, workers, and other stakeholders have had access to a repository of opinion letters geared toward relaying a more digestible interpretation of federal labor laws in specific workplace situations with the goal of promoting clear, concise, and effective compliance. These letters date back to as early as 1972 and include nearly 6,000 documents covering a broad spectrum of topics. To support its goal of making the letters easily accessible, the DOL has created a landing page here. Recent letters address subjects such as software suitable for use in OSHA reporting, inspection protocols for animal slaughter, sulfur sticks, hot work requirements, and many other varied workplace safety issues.

Employers seeking to engage the OSHA concerning the opinion letter program may first wish to consult with an attorney to ensure that (a) the interpretation/answer does not already exist in the OSH Act, the CFR, or one of OSHA’s many safety publications, and (b) that the request is styled in a manner to reduce or eliminate unwanted attention from OSHA compliance officers.

For more information about OSHA, contact the author of this alert. Visit our Labor & Employment Practice page for additional alerts in this area.

Author:

Kip J. Adams, Partner