Safety Tidbit 4.37 - Hearing Test Exception

Safety Tidbit 4.37 – Hearing Test Exception

Reference:        OSHA 1910.95 - Noise Standard

Paragraph 1910.95(g)(1) of OSHA’s 1983 Hearing Conservation Amendment to their noise standard states: “The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.” Easy enough, you perform audiograms annually, correct? And the employer is responsible for conserving the worker’s hearing by comparing the newest audiogram to a baseline audiogram. For a new employee, when is baseline audiogram to be taken, before employment? That does seem to be the most natural time. Incorporate the audiogram into the pre-employment physical with eyes, lungs, and drug testing.

OSHA’s standard states: 1910.95(g)(5) - The baseline audiogram - Within six months of an employee’s first exposure at or above the action level, the employer shall establish a valid baseline audiogram to compare subsequent audiograms. Ok, this seems to make sense say for a temporary employee or as a probationary period to ensure they’re going to work out and stay on permanently. Ah, but OSHA has made an exception for those using mobile test facilities versus fixed medical clinics. Use of mobile test vans is helpful for remote employers where a health provider that can conduct an approved hearing test is hard to find. But what does this exception open to the less than ideal employer?

OSHA’s mobile test van exception states: “Where mobile test vans are used to meet the audiometric testing obligation, the employer shall obtain a valid baseline audiogram within one year of an employee’s first exposure at or above the action level. Where baseline audiograms are received more than six months after the employee’s first exposure at or above the action level, employees shall wear hearing protectors for any period exceeding six months after first exposure until obtaining the baseline audiogram.

Let’s work through a scenario. Company A has a hearing conservation program for its employees. It uses a mobile test van and contracts them to come in every October when production is typically at its lowest. Over the summer months, temporary workers are brought on to help during the summer rush. Some become permanent employees, while others do not. In October, the employer decides to provide hearing testing only to permanent employees. Is the company out of compliance with the OSHA standard? Technically, no doe not hit the one year mark until after the summer month hiring the worker. The time from then until October, when conducting routine hearing tests, is when the employer would be out of compliance.

The prudent answer is that temporary and new hires exposed to noise levels exceeding 85 dBA as an 8-hour time-weighted average should receive a baseline audiogram at the earliest opportunity. This way, all occupational exposure is monitored. The employer might negotiate hearing testing with the temporary agency or union since both are responsible for the worker.

Hope this was helpful and thank you for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have a new safety or health question, please let me know.