Hearing loss is one of the most common work-related illnesses, with more than 20 million employees in the U.S. exposed to hazardous noise levels each year. Fortunately, occupational hearing loss is preventable, and workplace exposures can be greatly reduced through an effective Hearing Conservation Program. Here are some of the best ways for maximizing the effectiveness of your organization’s program and reducing the likelihood of costly OSHA fines.
The current OSHA Noise Standard (29 CFR 1910.95) has been in place for nearly 40 years. Under the standard, OSHA requires each employer to evaluate their workplace to determine whether employee noise exposures could reach or exceed 85 decibels (dBA) over an 8-hour working day. If so, the employer is required to implement a Hearing Conservation Program which consists of the following elements:
- Monitoring: Implement a process for evaluating employee noise exposures and communicating the monitoring results to employees
- Control: When noise exposures exceed 90 dBA, look for ways to reduce or eliminate noise sources through equipment or process design
- Protection: If noise sources can’t be reduced or eliminated, provide hearing protection for affected employees
- Testing: Establish an audiometric testing program consisting of baseline hearing tests and annual follow-up tests
- Training: Provide initial and annual training for all employees included in the program
- Recordkeeping: Ensure that all noise monitoring and hearing test documentation is properly maintained
Because of the widespread nature of noise in the workplace, the Noise Standard is a frequent and costly source of OSHA fines. To help employers focus their efforts on improving workplace safety and avoiding regulatory action, it is helpful to review the most common Hearing Conservation Program gaps. Below are the top 5 sources of OSHA citations under the Noise Standard, which account for over 90% of all noise-related OSHA fines:[1]
#5 – Failure to Implement an Effective Monitoring Program
For employers who operate machines or equipment, there is a good chance that hazardous noise sources may be present in the workplace. Under the OSHA standard, employers are required to measure and evaluate noise levels to determine if employees could be exposed to 85 dBA or more over an 8-hour working day. Noise level measurements need to be made using calibrated equipment that can factor in all of the variations in noise levels throughout the day. When noise levels are relatively constant, area noise measurements can do the trick. However, when noise levels are variable or when employees frequently move throughout the work environment, more specialized noise dosimeters are needed to accurately measure average noise levels. It is important to ensure that noise monitoring takes into account anticipated “worst-case” exposures during non-routine operations, since even one day of exposure per year at or above 85 dBA will necessitate inclusion into the Hearing Conservation Program.
All employers are required to perform a baseline survey of their facility to evaluation noise sources, then perform repeat monitoring whenever changes occur in the production, processes or operations that could increase noise levels.
#4 – Failure to Implement a Training Program
Employees exposed to noise levels of 85 dBA or more must be included in a training program. The training needs to be performed initially (either at the time of hire, or when the employee is first assigned to a high noise area) and repeated annually thereafter. The training program must cover the following:
- The effects of noise on hearing;
- The purpose and use of hearing protectors, including advantages; disadvantages; effectiveness; and selection, fitting, care and use; and
- The purpose of the audiometric testing program and an explanation of the test procedure.
OSHA provides flexibility in the format of the training (e.g., live versus virtual), as long as there is a qualified person present who can answer questions and provide hands-on guidance on hearing protector use.
#3 – Failure to Reduce or Eliminate Noise Sources Through Engineering and Administrative Controls
This is a critical element that is most often overlooked, but it is also one of the most costly sources of fines. When noise exposures exceed 90 dBA, OSHA requires employers to evaluate their workplace to determine whether noise reductions can be achieved through equipment, process or operational modifications. Too many employers rely solely on hearing protectors to reduce the risk of hearing loss, and it is OSHA’s expectation that employers document how they were able to achieve at least a 3 to 5 dBA reduction through equipment or process improvements.
Fortunately, there are many simple and low-cost solutions that can help to reduce noise levels and meet this requirement under the OSHA standard. To avoid fines, it is essential to document the actions that have been taken to reduce noise levels through engineering and administrative controls.
#2 – Failure to Implement an Audiometric Program
The purpose of the audiometric program is to monitor employees’ hearing over time. Employees who are exposed at 85 dBA or more need a baseline hearing test and an annual follow-up. All audiometric testing must be administered by a licensed or certified audiologist, physician or technician, and be performed in a controlled testing environment in accordance with OSHA requirements. The results of each hearing test must be evaluated and compared with the previous result to determine whether there is any evidence of hearing loss or workplace changes that may put employees at an increased risk for noise exposure. The results of each hearing test must be communicated back to the employee, and appropriate follow-up actions should be taken, as deemed appropriate. The retention of audiometric testing records is also of critical importance.
One of the most effective ways to meet this requirement is to partner with a qualified firm who can administer the audiometric tests at an occupational health clinic or at the employer site using a mobile testing van. The key to success is to maintain frequent two-way communication with the testing provider to ensure that the audiometric tests are scheduled in a timely manner, and that the testing data are properly communicated and retained.
#1 – Failure to Implement a Hearing Conservation Program
The most frequent and costly noise-related fines relate to employers failing to implement the necessary elements of a Hearing Conservation Program. To avoid this pitfall, the first critical step is to evaluate your workplace to determine if hazardous noise is present (see #5 above) based on an 85 dBA exposure over an 8-hour workday (referred to as the “Action Level”). In many cases, employers may determine their workplace noise levels are below 85 dBA, which would require no further action unless significant changes occur that could increase noise levels. If the Action Level is exceeded, it is critically important to carefully consider each Hearing Conservation Program element to ensure that all necessary requirements of the program are being met.
Wrap Up
If you are unsure where to invest your organization’s safety and health resources to reduce your regulatory risk, make sure you are covering these 5 fundamentals first. In doing so you are making a worthwhile investment that will enhance workplace safety and help reduce unnecessary and unwanted hearing loss and OSHA fines. Contact us to learn more.
[1] Based on OSHA inspection data from 10/01/2020 through 09/30/2021.
Written by Todd Allshouse, CIH, CSP, Director, Health and Safety Services
