OSHA highlights answers from seven letters of interpretation issued in 2025

OSHA recently emphasized seven letters of interpretation issued in 2025 to help ensure consistent and transparent application of federal workplace safety and health standards.

Issued in response to questions from employers, employees, or other parties, letters of interpretation do not create new or additional requirements but rather provide official explanations of OSHA’s requirements and how they apply to specific workplace situations and hazardous conditions.

The agency said these letters are part of the Trump Administration's broader emphasis on compliance assistance.

"From construction to engineering, OSHA is providing decisive guidance after gathering feedback from employers, demonstrating our opinion letter program has already been effective," said Keith Sonderling, deputy labor secretary. "This effort is a key component of the Trump Administration's comprehensive strategy to educate the public and empower employers to keep their workers safe."

Confined spaces, PIT trainee assessment, control valves and monitors, hearing protection, stairs

Letters of interpretation issued in 2025 address the following situations:

1. Draining non-terminating pipes in a permit-required confined space
   • Standard: 29 CFR §1910.146 - Permit-required confined spaces
   • Question: Does the confined space standard require employers to drain water from pipes before entering for repairs, even when a hazard assessment shows no risk of rupture or leaks?
   • Answer summary: “If the employer's evaluation of the space determines that the piping does not terminate in the space and that no potential exists for rupture or leakage of materials into the space, then isolation of the piping is not required.” This letter also provided examples of conditions employers must evaluate that may cause a “reasonable probability” of a rupture or leak.
2. Enforcement stay of the COVID-19 recordkeeping and reporting requirements
   • Standard: 29 CFR §1910.502 - Healthcare
   • Question: What is the enforcement status of OSHA's COVID-19 reporting and recordkeeping requirements?
   • Answer summary: “Effective [Feb 5] and until further notice, OSHA will not enforce those COVID-19 recordkeeping and reporting requirements. Therefore, OSHA will not cite employers for violations of the requirement to establish, maintain, and provide copies of a COVID-19 log... or to report COVID-19 fatalities and hospitalizations.”
3. Virtual assessment for a powered industrial truck training program
   • Standard: 29 CFR §1910.178 - Powered industrial trucks
   • Question: Can an employee demonstrate competence and knowledge in operating power industrial trucks via a live-streamed training assessment session?
   • Answer summary: “Trainees may only operate a powered industrial truck under direct supervision... [which] means the qualified individual who is observing and evaluating operators is physically located at the location where any practical training and evaluation takes place.”
4. Software used to generate equivalent OSHA Forms 300 and 300A
   • Standards:
     • 29 CFR §1904.29 - Forms
     • 29 CFR §1904.32 - Annual summary
   • Question: Are companies permitted to use their own software-generated documents to replace OSHA Form 300 and Form 300A for recordkeeping?
   • Answer summary: “If the forms generated by your company's software meet the requirements for equivalent forms... then these forms could be used by employers to satisfy OSHA recordkeeping requirements for maintaining OSHA Form 300 and Form 300A.”
5. Engineering controls under the Benzene and 1,3-Butadiene standards
   • Standards:
     • 29 CFR §1910.1028 - Benzene
     • 29 CFR §1910.1051 - 1,3-Butadiene
   • Question: Would the installation of bellow valves, leak-proof, or double-seal valves qualify as engineering controls?
   • Answer summary: “Yes... bellow valves, leak-proof and double seal valves would be considered forms of engineering controls. ... If one engineering control is not sufficient, additional ones can be utilized. ... Conventional non-bellow, non-leak proof, non-double seal valves would be considered engineering controls.” This letter also discussed the importance of adequate seals and leak detection systems.
6. Audiometric testing of a worker with a cochlear implant
   • Standard: 29 CFR §1910.95 - Occupational noise exposure
   • Question: When conducting audiometric testing, should an employee use their cochlear implant (CI)device?
   • Answer summary: “No... the individual performing the testing should ensure that the CI is turned off before any type of audiometric test begins. ... A qualified occupational hearing professional should be consulted to recommend appropriate hearing protection such as may be specifically designed for persons with a CI.”
7. Stair angle and tread depth requirements
   • Standards:
     • 29 CFR §1910.25 - Stairways
     • ANSI A1264.1 - Safety Requirements for Workplace Walking/Working Surfaces and Their Access and
     • NFPA 101 - Life Safety Code
   • Question: Would stairs built after January 17, 2017 be in compliance if they have an angle between 49 and 50 degrees and tread depth of 9.5 inches, with 8 inches run and a nosing of 1.5 inches?
   • Answer summary:“No. ... The standard requires tread depth to be measured horizontally between the vertical planes of the foremost projection of adjacent treads... excluding beveled or rounded tread surfaces that slope more than 20 degrees.”

DOL opinion letters expanded to five agencies

In June, Sonderling announced the launch of the Department of Labor (DOL’s) opinion letter program. The department said this program expands its longstanding commitment to providing meaningful compliance assistance that helps workers, employers, and other stakeholders comprehend how federal labor laws pertain to specific workplace scenarios.

The Opinion letter program spans five key enforcement agencies within the department:

• OSHA provides letters of interpretation
• MSHA provides compliance assistance resources through its new MSHA Information Hub, a centralized platform offering guidance, regulatory updates, training materials, and technical support.
• The Employee Benefits Security Administration releases advisory opinions and information letters
• The Wage and Hour Division issues opinion letters
• The Veterans' Employment and Training Service issues opinion letters.

Opinion letters provide official written interpretations from the department's enforcement agencies, explaining how laws apply to specific factual circumstances presented by individuals or organizations. By addressing real-world questions, the DOL said its responses promote clarity, consistency, and transparency in the application of federal labor standards.

"Opinion letters are an important tool in ensuring workers and businesses alike have access to clear, practical guidance," Sonderling said. "Launching this program is part of our broader effort to empower the public with the information they need to understand and comply with the laws the department enforces."

To support this effort, the department launched a landing page. The new site allows users to explore past guidance and provides an easy way to submit new requests to the appropriate agency.

Letters can be affected when the agency updates a standard, a legal decision impacts a standard, or changes in technology affect the interpretation. The public is encouraged to visit OSHA's Letters of Interpretation page to review previous guidance and submit new requests.

These letters provide clear explanations that support compliance and training requirements, which the DOL said helps to keep America's workers safe and healthy.