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Government Regulations Comparison Chart

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29 CFR 1910.95 OSHA
WAC 296-817
30 CFR Part 62 MSHA
49 CFR 227 and 229, FRA
OAR 437-002-1910.95 Oregon
Pub. No. 98-126. NIOSH Criteria Document (Best Practice Guide)

ISSUE 29 CFR 1910.95 OSHA. Occupational Noise Exposure; Hearing Conservation Amendment; Final Rule, effective 8 March 1983 Chapter 296-817 WAC, Hearing Loss Prevention (Noise) 30 CFR Part 62 MSHA, Published on 13 September 1999, effective 13 September 2000 49 CFR 227 and 229, FRA Final Rule on Occupational Noise Exposures for Railroad Operating Employees, effective 26 February, 2007 OAR 437-002-1910.95 Oregon Administrative Rules Oregon Occupational Safety and Health Division: Occupational Noise Exposure Pub. No. 98-126. NIOSH Criteria Document. The Document is a recommendation, " Best Practice Guide, and not a compliance document
Scope General industry All industries except agriculture.   Agriculture is covered by identical requirements in Chapter 296-307 WAC. Mines Railroads All industries except construction, forest activities, and agriculture. Please refer to orosha.org for rules specific to each of these industries.. Recommended for all industries.
Exposure Limit PEL=90 dBA TWA Criteria: 
85 dBA TWA8--hearing protection, training, audiometric testing
90 dBA TWA8--Noise reduction
Similar to OSHA, except integration range explicit in regulation (62.101), and is for all sounds from 90 to at least 140 dBA Same as OSHA PEL = 90 dBA TWA Recommended Exposure Limit (REL) = 85 dBA TWA. REL is exceeded when TWA ≥ 85 dBA, integrating all sounds from 80 - 140 dBA
Action Level 85 dBA TWA Exposure assessment required when reasonable information indicates exposure may exceed 85 dBA TWA8 Similar to OSHA, except integration is for all sounds 80 to at least 130 dBA Same as OSHA 85 dBA TWA Does not have Action level, but REL is 85 dBA TWA for HL prevention, noise controls and HPDs
Exchange Rate 5 dB 5 dB Same as OSHA Same as OSHA 5 dB 3 dB
Impulse/Impact   Should not exceed 140 dB peak SPL; to be integrated with measurements of all other noises Hearing protection required for impulse/impact noise >= 140 dBC (SLM Fast) Integrate with measurements of all other noise Same as OSHA Same as OSHA To be integrated with measurement of all other noise, but not to exceed 140 dBA
Ceiling No exposures > 115   dBA, interpreted as no unprotected exposures, give credit for HCP, HPDs   and engineering controls Hearing protection required for continuous noise >= 115 dBA (SLM Slow), well defined work areas must be posted No exposures > 115   dBA, no adjustment for use of hearing protection. "P" code issued where the miner is still over-exposed even though feasible engineering and administrative controls are in place No exposures   >115 dBA, except continuous >115 dBA and ≤ 120 dBA are permissible, provided total daily exposure ≤ 5 seconds Same as OSHA No protected or unprotected exposure to continuous, varying, intermittent or impulse noise > 140 dBA
Monitoring noise exposure Once to determine risk, HCP inclusion, then as conditions change resulting in more potential exposure To determine employee exposure, with additional monitoring as conditions change that may result in additional employees exposed to action level exposures or that may result in inadequacy of employee hearing protector attenuation. Mine operator must establish system to evaluate each miner's exposure sufficiently to determine continuing compliance with rule Same as OSHA; Measurement artifacts may be removed Same as OSHA Every 2 years if any exposure ≥ 85 dBA TWA
Noise control Feasible engineering controls required where TWA > 90 dBA, compliance policy (OSHA can change/revoke any time) permits proven HCP in lieu of engineering where TWA < 100 dBA Reduce employee noise exposure, using feasible controls, wherever exposures > 90 dBA TWA. Feasible engineering and administrative controls required for TWA > 90 dBA; even if controls do not reduce exposure to PEL, they are required if feasible (i.e.≥   3-dBA reduction). Administrative controls must be provided to miner in writing and posted FRA describes the specific actions that railroads and manufacturers must take when designing, building, and maintaining locomotives (instead of engineering controls);   "noise operational controls" (administrative controls); hearing protection (same); "FRA has no hierarchy of noise controls" Same as OSHA Feasible controls to 85 dBA TWA
Administrative controls/Noise operational controls Feasible administrative controls required where TWA > 90 dBA Reduce employee noise exposure, using feasible controls, wherever exposures > 90 dBA TWA. Administrative controls must be provided to miner in writing and posted FRA does not require the use of noise operational controls but makes them optional. Same as OSHA Administrative controls must not expose more workers to noise
HPDs Optional for ≥ 85 dBA TWA, mandatory for > 90 dBA TWA,   ≥ 85 dBA TWA for workers with STS Required for   ≥ 85 dBA TWA Same as OSHA , but amount of protection not specified. Dual protection (muff plus plug) required at exposures >105 dBA TWA Same as OSHA, but shall consider an employee's ability to understand and respond to communications and audible warnings Required for ≥ 85 dBA TWA and workers with STS Mandatory for ≥ 85 dBA TWA. Must protect to 85. Dual protection recommended at exposures > 100 dBA TWA
HPD Variety Offer variety, at least 1 type plug and 1 type muff Employer must provide at least 2 distinct types of suitable hearing protection (ie, molded, self-molded, custom molded, ear caps or ear muffs) for each exposed employee. Choices must include 2 plugs and 2 muffs.   Variety of suitable HPD with a range of attenuation levels Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer. Offer variety
HPD Attenuation Protect to 90 dBA or to 85 dBA after STS. 50% derating when comparing relative effectiveness of HPDs and engineering controls Protect to 85 dBA or less;.   When exposures involve noise > 115 dBA (slow) or > 140 dBC (fast), hearing protectors must have NRR of at least 20 dB.   Use NRR-7 (C to A weighting correction).   Use NRR-2 for dual protection (5 dB increase over single protector).   May use other NIOSH methods. No method included in standard. Compliance guide will follow with suggested procedures. Always use NRR with 7-dB correction and dBA, and either derate by type (muffs 20%, formable plugs 40%, other plugs 60%), or use ANSI S12.6 Method B data, or make objective measures. Protect to 90 dBA or to 85 dBA after STS. 50% derating when comparing relative effectiveness of HPDs and engineering controls Protect to 85 dBA TWA; derate muffs 25%, slow-recovery plugs 50%; other plugs 70%
Background noise levels for audiometry 40 dB @ 500 and 1000, 47 dB @ 2000, 57 dB @ 4000 and 62 dB @ 8000 Hz 40 dB @ 500 and 1000, 47 dB @ 2000, 57 @ 4000, and 62 @ 8000 Hz. According to scientifically validated procedures Same as OSHA for supra-aural earphones; for insert earphones: 50 dB @ 500, 47 dB @ 1000, 49 dB @ 2000,   50 dB @ 4000 and 56 dB @ 8000 Hz 40 dB @ 500 and 1000, 47 dB @ 2000, 57 @ 4000, and 62 @ 8000 Hz. Per ANSI S3.1-1999 or latest revision; 19-dB more stringent than OSHA at 500 Hz and 13 to 25 dB more stringent at other frequencies
Audiometry Required test frequencies: 500, 1000, 2000, 3000, 4000 and 6000 Hz Required test frequencies: 500, 1000, 2000, 3000, 4000, and 6000 Hz. Same as OSHA Required test frequencies: 500, 1000, 2000, 3000, 4000 , 6000 and 8000 Hz Required test frequencies: 500, 1000, 2000, 3000, 4000, and 6000 Hz. Same as OSHA, but recommends 8000 Hz as option
Use of Insert Earphones de minimis violation unless testing completed with both types of headphones per 1993 "OSHA Standard Interpretation" Insert earphones not allowed. Same as OSHA Allowed under Appendix E provisions; Requires double testing if transitioning from supra-aural (See OSHA 1993 Standard Interpretation) Same as OSHA Not indicated
Audiometry - Baseline Audiometry required annually for workers exposed to ≥ 85 dBA TWA. Baseline within 6 months of exposure, 12 months if use mobile testing, with HPD use in the interim for all employees exposed above 85 dBA TWA. QUIET PERIOD prior to baseline is 14 hours with HPD use acceptable as alternative Audiometry required annually for workers exposed to ≥ 85 dBA TWA. Baseline within 6 months of exposure, 12 months if use mobile testing. QUIET PERIOD prior to baseline is 14 hours with HPD use acceptable as alternative Annual audiometry (same as OSHA), but choice of whether or not to take audiogram is at the miner's discretion. Quiet period same as OSHA Audiometry required every 3 years for workers exposed to ≥ 85 dBA TWA. Baseline within 6 months of exposure, 12 months if use mobile testing, with HPD use in the interim. QUIET PERIOD prior to baseline is 14 hours with HPD use acceptable as alternative; Professional Supervisor to determine validity of existing baselines Baseline within 6 months of exposure (NO exception for mobile testing).    QUIET PERIOD prior to baseline of 14 hours with HPD use acceptable as alternative Required for all workers exposed ≥ 85 dBA TWA. Baseline test pre-placement or within 30 days of exposure
Audiometry - Periodic Annually, if exposed to ≥ 85 dBA Annually, if exposed to > 85 dBA Same as OSHA Audiometry must be offered annually, required at least once every 1095 days (3 years) Annual audiometry required at least annually after obtaining the baseline for each employee exposed to > 85 dB TWA Required for all workers exposed ≥ 85 dBA TWA. Best practice is to test workers exposed > 100 dBA TWA twice per year
Audiometry - Other May obtain a follow-up audiogram retest within 30 days and substitute for annual audiogram for STS re-tests May obtain a follow-up audiogram retest within 30 days and substitute for annual audiogram for STS re-tests. May obtain follow-up audiogram retest within 30 days and substitute for annual audiogram for STS re-tests May obtain a follow-up audiogram retest within 90 days and substitute for annual audiogram for STS re-tests May obtain a follow-up audiogram retest within 30 days and substitute for annual audiogram for STS re-tests. If STS, must provide confirmation audiogram within 30 days
Audiogram review/supervisor; Professional Supervisor Licensed or certified audiologist, otolaryngologist, or other physician Licensed or certified audiologist, otolaryngologist, or qualified physician Licensed or certified audiologist or physician Audiologist, otolaryngologist, or other physician who has experience and expertise in hearing and hearing loss Licensed or certified audiologist, otolaryngologist, or other physician Audiologist or physician
STS (Standard Threshold Shift) ≥ 10-dB average shift from baseline testing hearing levels at 2000, 3000 and 4000 in either ear ≥ 10-dB average shift from baseline testing hearing levels at 2000, 3000 and 4000 in either ear.   Age correction is NOT allowed. Same as OSHA Same as OSHA ≥ 10-dB average shift from baseline testing hearing levels at 2000, 3000 and 4000 in either ear.   Age correction is NOT allowed. Significant threshold shift (NIOSH) is   a hearing loss that is   ≥ 15-dB worse than   baseline at any test frequency, in either ear, confirmed with follow-up test for same ear or frequency
STS   Follow-up Criteria Notify worker within 21 days (unless not work-related). Fit or re-fit HPDs and select higher attenuation if necessary, refer for further testing if problem due to HPDs, inform employee of need for exam if a problem unrelated to HPD use is suspected Notify worker within 21 days of determination.   At a minimum, evaluate: employee noise exposure measurements, noise controls in the work area, the selection of hearing protection available and refit employees as necessary, employee training on noise and the use of hearing protection and conduct additional training as necessary. Within 30 days of receiving evidence or confirmation of STS, unless not work-related, must retrain the miner and provide an HPD or different HPD. Review effectiveness of any engineering or administrative controls to correct deficiencies Notify worker within 30 days (unless not work-related). Fit or re-fit HPDs and select higher attenuation if necessary, refer for further testing if problem due to HPDs, inform employee of need for exam if a problem unrelated to HPD use is suspected Notify worker within 21 days (unless not work-related). Fit or re-fit HPDs and select higher attenuation if necessary, refer for further testing if problem due to HPDs, inform employee of need for exam if a problem unrelated to HPD use is suspected Notify worker within 30 days. Must take action such as explain effects of noise, re-instruct and re-fit with HPDs, provide additional training in hearing loss prevention, or reassign to quieter area
OHC Qualification Responsible to audiologist, otolarnyngologist or physician. Certified through CAOHC, or demonstrates competence. If microprocessor used, certification not required Responsible to audiologist, otolarnyngologist or physician.      Must   be certified by CAOHC Must be under direction of supervisor. Must   be certified by CAOHC or equivalent certification organization Responsible to Professional Supervisor.   CAOHC certification or equivalent certification or has demonstrated competence. Responsible to audiologist, otolarnyngologist or physician.      Must   be certified by CAOHC Must be under direction of audiologist or physician. Must be certified by CAOHC or equivalent certification organization
Employee Notification Not specified, unless STS is detected, then follow STS criteria Employee must be informed of results and any change in hearing levels.   Written notification is required for STS determinations. Audiograms must be reviewed within 30 days and feedback provided in writing to each miner within 10 days thereafter Required for noise monitoring results (all monitored employees), ID of STS Same as OSHA Not specified unless STS is detected, then follow NIOSH STS follow-up
Baseline Revision Annual audiogram substituted for baseline, when STS is persistent , or thresholds show significant improvement Keep the baseline audiogram without revision unless annual audiograms indicate a persistent threshold shift or a significant improvement in hearing. Annual audiogram substituted for baseline when STS is permanent, or thresholds show significant improvement Determined by Professional Supervisor.   Method: NHCA Guidelines are Appendix C Same as OSHA Annual audiogram substituted for baseline when the confirming audiogram validates an STS
Presbycusis or Age-correction  Is allowed Is not allowed for purposes of the hearing conservation program. Is allowed Is allowed Is not allowed for purposes of the hearing conservation program. Not allowed
Work-Relatedness CFR 1904.10 "physician or other licensed healthcare professional" Same as OSHA Same as OSHA Physician or audiologist determines work-relatedness Same as OSHA Not indicated
Options to audiometric testing None given Short term workers may be covered by an audit program.   Short-term and seasonal workers may be covered by third-party audiometric testing programs. None given None given None given None given
Recordable or Reportable Hearing Loss CFR 1904.10-Work related STS (≥ 10-dB shift at 2000, 3000 and 4000 Hz, in either ear), if shift plus baseline threshold levels total   ≥ 25 dB above audiometric zero. Age adjustment allowed for STS, but not to determine if average levels ≥ 25 dB Same as OSHA ≥ 25-dB avg shift from baseline, or revised baseline at 2000, 3000, and 4000 Hz in either ear Same as OSHA Same as OSHA Not indicated
Recordkeeping and Retention Two years for noise surveys, duration of employment for audiograms, with requirement to transfer records to successor if business closes Noise measurements for at least 2 years and for as long as relied upon to determine employee exposure; audiometric records or hearing protection audits for duration of employment for affected employees;   hearing protection audits for duration , with requirement to transfer records to successor if business closes.   Maintain a written description of the training program. Employee noise exposure notices and training records for duration of enrollment in HCP + 6 months. Audiograms for duration of employment + 6 mos with requirement to transfer records to successor mine operator Same as OSHA; training records for 3 years; electronic records allowed   Two years for noise surveys, duration of employment for audiograms, with requirement to transfer records to successor if business closes Noise surveys for 30 years, audiograms for duration of employment + 30 years, calibration records for 5 years, and record transfer per 29 CFR 1910.20 (h)
Training and Education Annual for all employees exposed ≥ 85 dB TWA; include effects of noise,   HPDs,   purpose and explanation of audiometry Provide training when employee is first assigned to a position where exposure > 85 dBA TWA and at least annually after that.   Must address effects of noise on hearing; noise controls used, hearing protector types, purpose and attenuation; instructions about select, fit, use, and care for HPDs and right to access records. Same as OSHA, except must begin within 30 days of enrollment in HCP and include description of mine operator and miner's responsibilities for maintaining noise controls Training must be offered annually, required at least once every 1095 days (3 years);   includes same topics as OSHA plus: explanation of noise operational controls, noise range and appropriate HPDs, noise monitoring information, access to records, criteria for excessive noise report and how to file such reports Annual for all employees exposed ≥ 85 dB TWA; include effects of noise,   HPDs,   purpose and explanation of audiometry Same as OSHA, but must also include psychological effects of noise and roles/responsibilities of both employers and workers in program
Program evaluation Continuing, effective HCP Identify and correct deficiencies in the program based on audiometric testing.   Audits may be used for programs covering short term employees. Not indicated Same as OSHA Same as OSHA Required annually by comparing rates of STS for exposed and non-exposed workers
Postings Hearing Conservation amendment will be posted in workplace Warning signs at entrance or boundaries to areas where noise levels equal or exceed 115 dBA (slow).   Must indicate that the area is high noise area and that hearing protectors are required. No requirement for posting, but when admin controls are utilized the procedures must be posted Post understandable noise monitoring results at crew origination point for a least 30 days.   Same as OSHA Signs must be posted at entrance to areas with TWAs routinely ≥ 85 dBA
Requirements for new locomotives Not applicable Not applicable Not applicable New locomotives required to meet static testing requirements Not applicable Not discussed
Maintenance requirements for existing locomotives Not applicable Not applicable Not applicable Protection of sound-insulating properties in existing locomotives, repair of certain noise sources as identified by crews Not applicable Not discussed
ISSUE  29 CFR 1910.95 OSHA. Occupational Noise Exposure; Hearing Conservation Amendment; Final Rule, effective 8 March 1983   Chapter 296-817 WAC, Hearing Loss Prevention (Noise) 30 CFR Part 62 MSHA, Published on 13 September 1999, effective 13 September 2000 49 CFR 227 and 229, FRA Final Rule on Occupational Noise Exposures for Railroad Operating Employees, effective 26 February, 2007 OAR 437-002-1910.95 Oregon Administrative Rules Oregon Occupational Safety and Health Division: Occupational Noise Exposure Pub. No. 98-126. NIOSH Criteria Document. The Document is a recommendation, " Best Practice Guide, and not a compliance document