U.S. Department of Labor Launches Opinion Letter Program to Five Agencies to Expand Compliance

The U.S. Department of Labor recently announced the launch of its opinion letter program. This expands the department's longstanding commitment to providing meaningful compliance assistance that helps workers, employers and other stakeholders understand how federal labor laws apply in specific workplace situations.

 

The program spans five key enforcement agencies within the department:

 

"Opinion letters are an important tool in ensuring workers and businesses alike have access to clear, practical guidance," said Deputy Secretary of Labor Keith Sonderling. "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."

 

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, they promote clarity, consistency, and transparency in the application of federal labor standards.

 

To support this effort, the department has launched a landing page at dol.gov/opinion-letters. The new site allows users to explore past guidance and provides an easy way to submit new requests to the appropriate agency.

 

The EPA announced a settlement with Ultramar Inc., doing business as Valero Wilmington Refinery, over chemical safety violations under both the Clean Air Act (CAA) and the Emergency Planning and Community Right-to-Know Act (EPCRA). The company fixed the identified safety issues and will pay $270,437 in penalties. 

 

"I had hoped that Valero would invest in upgrades to their California facilities and stay in business in our state. They will soon shut down at least one California refinery and leave. This will be a huge hit to gas prices in California, Nevada and Arizona," said EPA Pacific Southwest Regional Administrator Josh F.W. Cook. "This settlement today ensures that Valero has improved its safety systems and emergency response procedures at the Wilmington refinery. As they continue toward closure elsewhere in the state, we at EPA will continue to monitor the situation."

 

A June 2022 EPA inspection of the Wilmington facility identified violations of the CAA’s Risk Management Program requirements. The inspection found several safety problems, including that the facility had underestimated the distance that dangerous concentrations of chemicals could spread in a worst-case scenario release. Underestimating the impact of such a release potentially leaves nearby homes, daycares, schools and businesses unprepared in an emergency. Accurate calculations are essential for emergency responders to quickly protect the public from chemical releases. 

 

The inspection further identified violations including inaccuracies in the facility’s equipment diagrams essential for rapid emergency response, insufficient analysis of how facility-wide power failures might compromise safety systems, failure to implement previously recommended safety measures, and omission of mandatory information in both operating procedures and incident reports.

 

EPA also determined that Valero violated the EPCRA by failing to immediately notify state emergency officials after three separate sulfur dioxide releases in 2018, 2020, and 2021. Releases of sulfur dioxide require immediate reporting when they exceed 500 pounds.

 

The facility refines petroleum using hydrofluoric acid, a highly dangerous chemical. Hydrofluoric acid can cause severe, permanent health problems if released. The Clean Air Act’s Risk Management Program regulates industrial processes that produce, process, or store more than 1,000 pounds of hydrofluoric acid. 

 

The U.S. Department of Labor has cited The Salvation Army after a 54-year-old maintenance worker suffered fatal injuries following a fall while working at an Orlando donation center and store in November 2024.

 

An investigation by the department's OSHA found the worker was repairing a roof leak when the fall occurred on Nov. 7. OSHA cited The Salvation Army for a repeat violation of exposing workers to fall hazards. A similar citation was previously issued at the employer’s Princeton, West Virginia, location in January 2020.

 

OSHA also cited the company for five serious violations, including failure to assess workplace hazards, provide fall protection training, and ensure proper machine guarding. Two other-than-serious violations were issued for failing to report the fatality to OSHA within eight hours of the incident and lacking a hazard communication program.

 

The Salvation Army will pay $120,817 in penalties to address the violations.

 

OSHA’s fall prevention campaign offers training materials and resources to help employers protect workers. Employers can also contact OSHA for free compliance assistance resources and guidance on complying with OSHA standards.

 

 

The Office of the Chief Counsel (PHC) is advising the Office of Pipeline Safety (OPS) to revise its policy for calculating proposed civil penalties in pipeline safety enforcement proceedings. Under the current policy, OPS calculates proposed civil penalty amounts using the version of the Civil Penalty Worksheet in effect on the date when a proceeding is initiated, rather than the version in effect on the date when an alleged violation occurred. OPS follows that policy even in cases where use of the version in effect on the date when an alleged violation occurred would result in the calculation of a lower proposed civil penalty amount.

 

To ensure that the Pipeline and Hazardous Materials Safety Administration (PHMSA) is assessing civil penalties in a manner that is fair and consistent with applicable procedural requirements, PHC is advising OPS to use the version of the Civil Penalty Worksheet in effect on the date when an alleged violation occurred. PHC is advising OPS to apply this new policy in all cases that are currently pending before PHMSA and in all future proceedings. PHC is not advising OPS to apply this new policy retroactively to prior cases that were already the subject of a final administrative action. Nor is PHC advising OPS that its prior practice for calculating proposed civil penalties in pipeline safety enforcement proceedings violated any applicable law, statute, or regulation.

 

 

For more than half a century, OSHA's On-Site Consultation Program has been helping small and medium-sized businesses protect workers and improve safety at no cost and with complete confidentiality.

 

Launched in 1975, OSHA's On-Site Consultation Program has grown to serve all 50 states, the District of Columbia, and several U.S. territories. It helps employers identify workplace hazards, improve safety practices, and build strong safety and health programs, all without triggering OSHA enforcement.

 

In the last decade alone, the program averaged nearly 24,000 worksite visits annually – 98 percent to worksites with 250 or fewer employees – and prevented nearly three million workers from exposure to hazards each year. A 2023 OSHA economic analysis estimated that these efforts generate $1.5 billion in national benefits annually through fewer injuries and illnesses, lower workers' compensation costs, and increased productivity.

 

Over its 50 years, the program surpassed one million visits in 2010; supported recovery efforts following national disasters such as 9/11 and Hurricanes Katrina and Maria; launched digital resources like the Small Business Handbook app to make safety information more accessible; and created the Safety and Health Achievement Recognition Program, which honors small businesses with outstanding safety programs. SHARP status includes a deferral from programmed OSHA inspections and marks a company as an industry leader in workplace safety. Currently, SHARP recognizes approximately 1,000 employers for their exceptional safety leadership.

 

As it marks this milestone, OSHA is reaffirming its dedication to practical, science-based solutions that protect workers and support business success for the next 50 years and beyond.

 

 

USDOT Seeks Comment on Pipeline and Hazmat Regulatory Relief  

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