Noise Regulations
Changes in EPA Hearing Protection Labeling
April 2008
The Noise Reduction Ratings (NRRs) that are emblazoned on all hearing protection devices that we buy and recommend are governed by a 1979 Hearing Protector Labeling Regulation promulgated under the auspices of the Environmental Protection Agency (EPA). That elderly rule has many shortcomings, not the least of which is the fact that labeled NRRs bear little resemblance to what groups of users can expect to obtain in actual hearing conservation programs. Unfortunately the EPA's Noise Office has been essentially out of business since shortly after the regulation was promulgated and thus has been unable to consider revising and updating that regulation. Much has been learned in the intervening 25 years.

That situation may be rectified. In a surprising move, EPA announced in early March, 2003 that they would host a workshop on revising the regulation, and then in January 2007 they followed up with an informal hearing protector workshop held at EPA in Washington, DC, and currently (April 2008) is actively working to issue a new proposed rule in 2008. A technical review of the impending regulations is found here, and a simplified “what it means for you,” may be found here. Information about ordering a copy of the standard can be found in the Current Events Section below.

Comparison of OSHA, MSHA, FRA, and NIOSH Regulations and Recommendations
This document provides an overview of the OSHA (Occupational Safety and Health Administration), MSHA (Mining Safety and Health Administration), FRA (Federal Railroad Administration) hearing conservation regulations as compared to the NIOSH (National Institute for Occupational Safety and Health) recommendations for best practice.

Comparison of Regulations Across Canada
This excel spreadsheet provides an overview of the regulations in the 13 Canadian Provinces and the Canadian Federal Government.

OSHA Ruling on Employer-Paid PPE
This article discusses the final rule OSHA issued on November 15, 2007 on employer-paid personal protective equipment (PPE). The rule will force employers to pay for PPE, removing the financial burden from employees.

Ontario Sets New Noise Exposure Limits
July 1, 2007
The Ontario Government is strengthening protection for industrial workers who are exposed to high levels of noise, effective July 1, 2007. Hearing loss due to exposure to high levels of noise in the workplace, is a serious occupational illness. Currently, the Regulations for Industrial Establishments and for Offshore Oil and Gas Operators allow workers to be exposed to up to 90 decibels of noise for an eight-hour period.

The new regulations will lower the allowable limit to 85 decibels. It will also introduce a new time-weighted averaging method (with a 3-dB exchange rate) that will provide a more accurate way of determining the actual amount of noise a worker is exposed to. This is the first time these noise regulations have been significantly updated since they were introduced 30 years ago.

Go here, for the initial announcement and call for public comment, Go here for the announcement for the promulgation of the new regulation, and here for the actual change document.

New Federal Railroad Administration (FRA) on Occupational Noise Exposure
October 27, 2006 (promulgated); effective February 26, 2007
A new rule by the Federal Railroad Administration (FRA) seeks to prevent hearing loss by railroad employees who spend most of their working hours inside the cab of a locomotive. The new rule, patterned in large part after the OSHA regulations for noise and hearing conservation for general industry, would reduce unnecessary noise exposure and potential hearing loss of locomotive engineers and trainmen. It modifies current noise level standards, which were established in 1980, and also sets out additional requirements.

The new rule requires railroads to conduct noise monitoring and to implement a hearing conservation program for railroad operating employees whose noise exposure equals or exceeds an 8-hour time-weighted average of 85 decibels. The changes require manufacturers to design and build locomotives with quieter cabs and for railroads to maintain them to new standards. In addition, the rule requires train crews to use hearing protection and railroads to provide training in hearing loss prevention, implement hearing conservation programs and conduct regular noise monitoring.

FRA expects that this proposed rule will reduce the likelihood of noise-induced hearing loss for railroad operating employees.

Go here to download the 74-page Federal Register document

Employers Must Post Illness/Injury Summaries Beginning February 2007
February 1, 2007
The Occupational Safety and Health Administration today reminded employers that beginning Feb. 1, they must post a summary of the total number of job-related injuries and illnesses that occurred during 2006. Employers are only required to post OSHA Form 300A (summary), not the OSHA 300 log. The summary must be posted from Feb. 1 to April 30, 2007. Go here for the full announcement.

OSHA Safety Bulletin re Hearing Conservation for Hearing-Impaired Workers
December 27, 2005
OSHA Safety Health and Information Bulletin (SHIB 12-27-2005)This Safety and Health Information Bulletin is not a standard or regulation, and it creates no new legal obligations. The Bulletin is advisory in nature, informational in content, and is intended to assist employers in providing a safe and healthful workplace. Hearing-impaired workers face many challenges in the workplace, including communication, identifying and using suitable hearing protection and the use of hearing aids at work. Industrial hearing conservation programs may not fully address the specific needs of hearing-impaired workers for hearing protection and communication. This Safety and Health Information Bulletin (SHIB) focuses on how hearing conservation programs can address the needs of hearing-impaired workers who are exposed to high levels of noise in their workplace.

OSHA's Final Rule for Recording Occupational Hearing Loss
On July 1, 2002, OSHA published its final rule for recording occupational hearing loss on the Form 300 Log of Work-Related Injuries and Illnesses (29 CFR 1904.10); effective date January 1, 2003. Additional clarifications were released on December 17, 2002. On January 1, 2004 it became mandatory to record hearing loss in a separate column on the OSHA Form 300.

For additional information on recordability requirements, click here.
For recent OSHA letters of interpretation on related issues, click here.
For OSHA interpretation on acceptable professions who may make decisions on work relatedness and recordability,click here.

Current Events
ANSI/ASA S12.68-2007 American National Standard Methods of Estimating Effective A-Weighted Sound Pressure Levels When Hearing Protectors are Worn.
This standard will be valuable to managers, industrial hygienists and hearing conservation professionals responsible for selecting and assigning hearing protectors for noise-exposed workers: military and law-enforcement personnel; manufacturers of hearing protectors; hearing protection testing laboratories; acoustic consultants; and regulatory agencies. The standard is accompanied by an informational spreadsheet programmed to perform the calculations specified in the standard itself. This Standard can be ordered from the ASA Standards Store. For an overview of the standard and its impact, see the information concerning changes to EPA labeling requirements in the Noise Regulation Section above.

Institute of Medicine Report on Noise in the Military
Noise and Military Service, Implications for Hearing Loss and Tinnitus
Released September 2005
National Academies, Washington DC

A congressionally mandated study by the Institute of Medicine assessed noise-induced hearing loss and tinnitus associated with military service from World War II to the present, the effects of noise on hearing, and the availability of audiometric testing data for active duty personnel. Elliott Berger served on this expert committee that was charged with providing recommendations to the Department of Veterans Affairs (VA) on the assessment of noise-induced hearing loss and tinnitus associated with service in the Armed Forces. This 300+ page report contains a wealth of data and explanatory materials as well as an excellent review of the literature. It can be purchased in paper or electronic format from the Institute of Medicine.