Health & Safety News

Volume 8, Issue 9

March 6, 2007

Question of the Week

Do Hearing Protection Requirements Apply to Hearing-Impaired Employees?

Q. We have certain areas in our facility where noise levels exceed OSHA's TWA (time weighted average) permissible noise exposure levels. I know that employees working in the area are supposed to be given some sort of "hearing protection," but what about employees who have suffered a loss of hearing and wear hearing aids? Is it acceptable to just tell them to turn the hearing aids down or off when they are working in the area? Would employees who are diagnosed as being deaf need to be provided with hearing protection in these noisy areas of the facility?

A. Whenever employees are subjected to sound exceeding OSHA's permissible exposure levels, administrative or engineering controls should be implemented to try to reduce the noise to acceptable levels. If these controls fail to reduce sound levels to acceptable limits, then personal protective equipment must be provided and used to reduce sound levels to permissible levels [29 CFR 1910.95(b)(1)].

In addition, employees who are exposed to an eight-hour Time Weighted Average (TWA) noise level of 85 dBA or greater and who have experienced a standard threshold shift (defined as a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear [29 CFR 1910.95(g)(10)(i)] must be provided with, and must use, hearing protectors with sufficient attenuation to reduce noise levels below 85 dBA [1910.95(i)(1) and (2)]. This standard applies to all employees; there are no exceptions for employees who have diminished capacity to hear or for employees who have been diagnosed as deaf.

Employees with a diminished capacity to hear cannot satisfy the requirement to wear hearing protection simply by turning off their hearing aids when working in a high noise area because hearing aids are not hearing protectors. Turning the hearing aids off will not protect them from further harmful effects of excessive noise. The proper course of action would be for them to leave their hearing aids on and wear ear muffs with sufficient attenuation to reduce all workplace noise below 85 dBA TWA. Since even employees who have been diagnosed with severe or profound deafness may still hear some noise, they would also need to be protected from additional loss through the use of hearing protectors.

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OSHA News

02/28/2007—OSHA Fines Two Hollis, N.H., Contractors $81,800 for Cave-In Hazards at Nashua Worksite
Two Hollis, N.H., contractors face a combined total of $81,800 in fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for alleged cave-in hazards at a Nashua construction site. Read more...

02/27/2007—Dixie's Leominster, Mass. Plant Earns Prestigious Workplace Safety and Health "Star" from U.S. Labor Department's OSHA
Dixie Consumer Products' Leominster, Mass., manufacturing plant has earned membership in the prestigious "Star" Voluntary Protection Programs (VPP) of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). Read more...

02/22/2007—U.S. Department of Labor's OSHA Cites Safety Violations at Columbus Foam Insulation Manufacturing Plant, Proposing $155,000 in Penalties:  Federal Action Follows August 2006 Fatality
The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has proposed $155,000 in fines against Insulfoam-Columbus in Columbus, Ohio, for alleged repeat, willful and serious violations of federal workplace safety standards following the death of an employee in August 2006. Read more...

02/22/2007—U.S. Labor Department's OSHA Cites Arapahoe Utilities & Infrastructure in Englewood for Alleged Safety Violations
The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Arapahoe Utilities & Infrastructure Inc., Englewood, Colo., for unsafe working conditions following two accidents where employees were working in excavations at two construction sites in Denver. Proposed penalties total $145,000. Read more...

02/22/2007—U.S. Department of Labor’s OSHA Forms Safety Partnership with Legacy Building Group and Clayco during Expansion of Casino Queen: Reducing Injuries and Illnesses is Top Priority During $60-Million Construction Project
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has agreed to form a safety partnership with Legacy Building Group and Clayco, a joint venture, and their subcontractors with the goal of reducing accidents, injuries and illnesses during the $60 million expansion project of the Casino Queen. Read more...

View more OSHA news

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CSB News

02/28/2007—CSB Issues Final Report on Chlorine Release at DPC Enterprises in Glendale, Arizona: Report Notes Company's Lack of Engineering Safeguards
In a final report issued February 28th, the U.S. Chemical Safety Board (CSB) concluded that insufficient safety margins, a lack of engineering safeguards, unclear procedures and training, and an absence of published guidance were among the causes of a release of up to 1,920 pounds of chlorine from the DPC Enterprises facility in Glendale, Arizona, on November 17, 2003. Read more...

02/23/2007—CSB Releases New Strategic Plan for 2007-2012; Heightened Emphasis on Greater Chemical Safety Impact
In a final report issued February 28th, the U.S. Chemical Safety Board (CSB) concluded that insufficient safety margins, a lack of engineering safeguards, unclear procedures and training, and an absence of published guidance were among the causes of a release of up to 1,920 pounds of chlorine from the DPC Enterprises facility in Glendale, Arizona, on November 17, 2003. Read more...

View more CSB news

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Recent OSHA Rules and Standards

For Lion Members and Recent Course Attendees

02/14/2007—Electrical Standard
The Occupational Safety and Health Administration (OSHA) is revising the general industry electrical installation standard found in Subpart S of 29 CFR Part 1910. The Agency has determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard are reasonably necessary to provide protection from these hazards. This final rule focuses on safety in the design and installation of electric equipment in the workplace. Read more...

View more OSHA actions

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Recent OSHA Interpretations

To view the most recent OSHA interpretive letters visit the Lion Online Library.

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