In December 2025, the Occupational Safety and Health Administration (OSHA) highlighted seven specific Letters of Interpretation (LOI). Below is a summary of what this means for the employer and how these resources can be used to mitigate risk.
The Big Picture: Why This Matters
OSHA is signaling a shift toward a “compliance assistance” model. Rather than strictly focusing on enforcement after the fact, the agency is providing more “official takes” on how specific safety standards apply to real-world scenarios.
Legal Weight: While LOIs are not new laws, they represent OSHA’s official stance. If the employer follows the guidance in an LOI, they have a much stronger defense (and grounds to have a citation vacated) if an inspector later attempts to cite that specific activity.
Predictability: These letters take the “guesswork” out of performance-based standards, where rules describe a safety goal but do not always specify the exact method to achieve it.
Key 2025 Interpretations for Employers
The article highlights seven topics recently addressed. If the employer’s business involves any of these, a review of the corresponding LOI is recommended:
- Confined Spaces: Clarifies when pipes must be drained (isolation) before entry. If the employer’s assessment shows no risk of rupture or leaks, draining may not be required.
- COVID-19 Recordkeeping: Confirms an enforcement stay. OSHA will not currently cite the employer for failing to maintain COVID-19 logs or report COVID-related deaths/hospitalizations.
- Powered Industrial Trucks (Forklifts): Reaffirms that training evaluations must be done in person. The employer cannot use live-streamed video to certify a forklift operator’s practical skills.
- Electronic Recordkeeping: Confirms that software-generated forms (Excel/CSV) are acceptable replacements for OSHA Forms 300 and 300A, provided they contain equivalent information.
- Engineering Controls (Chemicals): Clarifies that specific valve types (bellows, leak-proof, or double-seal) qualify as engineering controls under Benzene and 1,3-Butadiene standards.
- Audiometric Testing: Instructs that employees with cochlear implants should turn them off during hearing tests.
- Staircase Safety: Provides technical details on how the employer should measure stair angles and tread depth to comply with fall-prevention standards.
Action Items for the Employer
Audit Current Policies: The employer should check if current safety protocols align with these seven new interpretations. For example, any existing virtual forklift assessments would now clearly be out of compliance.
Request a Custom Interpretation: If the employer faces a vague or unique safety issue, they can request a specific LOI from OSHA to gain clarity.
Utilize Anonymous Requests: The employer can retain legal counsel to submit the inquiry without disclosing the business’s identity. This can help avoid the risk of a request triggering an inspection.
Monitor the OSHA Landing Page: OSHA has launched a dedicated page for these letters. This allows the employer’s safety and HR teams to stay informed on enforcement trends.
Bottom Line: This move by the DOL provides a roadmap for compliance. If followed, it can shield the employer from costly citations and legal disputes.
Resources:
For more information, please contact Nextep at 888-811-5150 or email us at risk@nextep.com.
