§1904.1088<strong>OSHA</strong> RECORDKEEPINGcorrection values to actual employee audiometricdata. However, since the Occupational Noise standarditself permits employers to adjust the interpretationof audiograms for the effects of aging, it wouldbe inconsistent and administratively complex to prohibitthis practice in the recordkeeping rule. Accordingly,Section 1904.10(b)(3) allows the employer toadjust for aging when determining the recordabilityof hearing loss. The adjustment is made using TablesF-1 or F-2, as appropriate (table F-1 applies to menand F-2 applies to women), in Appendix F of 29 CFR1910.95. However, use of the correction for aging isnot mandatory, just as it is not mandatory in theNoise standard itself…....[I]n the final rule, at paragraph 1904.10(b)(4),employers are permitted, if they choose, to retest theemployee to confirm or disprove that an STS reflectedon the first audiogram was attributable to a coldor some other extraneous factor and was not persistent.If the employer elects to retest, the employerneed not record the case until the retest is completed.If the retest confirms the hearing loss results, thecase must be recorded within 7 calendar days. If theretest refutes the original test, the case is not recordable,and the employer does not have to take furtheraction for <strong>OSHA</strong> recordkeeping purposes. The 30 daylimit in the final recordkeeping rule is consistent withthe 30 day retest provision of Section 1910.95(g)(5)(ii),which allows the employer to obtain a retest within30 days and consider the results of the retest as theannual audiogram if the STS recorded on the firsttest is determined not to persist.<strong>OSHA</strong> believes that the 30 day retest optionallows the employer to exclude false positive resultsand temporary threshold shifts from the data whileensuring the timely and appropriate recording of truepositive results. Adding language to the final recordkeepingrule to specify different procedures, dependingon whether the employer chooses to conduct are-test within 30 days, adds some complexity to thefinal rule, but <strong>OSHA</strong> finds that this added complexityis appropriate because it will reduce burden for someemployers and improve the accuracy of the hearingloss data…....For workers who are exposed to the noise levelsthat require medical surveillance under Section1910.95 (an 8-hour time-weighted average of 85dB(A) or greater, or a total noise dose of 50 percent),it is highly likely that workplace noise is the cause ofor, at a minimum, has contributed to the observedSTS. It is not necessary for the workplace to be thesole cause, or even the predominant cause, of thehearing loss in order for it to be work-related. Becausethe final recordkeeping rule relies upon thecoverage of the Occupational Noise standard, it isalso not necessary for <strong>OSHA</strong> to include a minimumtime of exposure provision. The Occupational Noisestandard does not require a baseline audiogram tobe taken for up to six months after the employee isfirst exposed to noise in the workplace, and the nextannual audiogram would not be taken until a yearafter that.For any worker to have an applicable change inaudiogram results under the Occupational Noisestandard, the worker would have been exposed tolevels of noise exceeding 85 dB(A) for at least a year,and possibly even for 18 months.In addition, the provisions allowing for review by aphysician or other licensed health care professionalallow for the exclusion of hearing loss cases that arenot caused by noise exposure, such as off the job traumaticinjury to the ear, infections, and the like. <strong>OSHA</strong>notes that this presumption is consistent with a similarpresumption in <strong>OSHA</strong>’s Occupational Noise standard(in both cases, an employer is permitted to rebut thispresumption if he or she suspects that the hearingloss shown on an employer’s audiogram in fact has amedical etiology and this is confirmed by a physicianor other licensed health care professional)….Shifts in hearing must be calculated separately foreach ear, in accordance with the requirements ofSection 1910.95. However, if a single audiogramreflects a loss of hearing in both ears, only one hearingloss case must be entered into the records. Theissue of revising baseline audiograms to evaluate theextent of future hearing loss pertains to a hearingloss case that has been entered on the Log. If a single-earSTS loss has been recorded on the Log, thenthe baseline audiogram should be adjusted for thatear, and that ear only. If an STS affecting both earshas been recorded on the Log, then the baselineaudiogram may be revised and applied to both ears.This means that there should be no cases where thebaseline audiogram has been adjusted and the casehas not been recorded on the Log.[67 FR 44038, July 1, 2002]II. Recording Occupational Hearing Loss CasesSection 1904.10 of the January 19, 2001 final recordkeepingrule required employers to record, by checkingthe “hearing loss” column on the <strong>OSHA</strong> 300 Log,all cases in which an employee’s hearing test (audiogram)revealed that a Standard Threshold Shift (STS)in hearing acuity had occurred. An STS was definedas “a change in hearing threshold, relative to themost recent audiogram for that employee, of anHANDBOOK
average of 10 decibels or more at 2000, 3000 and4000 Hertz (Hz) in one or both ears.” The recordkeepingrule itself does not require the employer to testemployee’s hearing. However, <strong>OSHA</strong>’s occupationalnoise standard (29 CFR 1910.95) requires employersin general industry to conduct periodic audiometrictesting of employees when employees’ noise exposuresare equal to, or exceed, an 8-hour time-weightedaverage of 85dBA. Under the provisions ofSection 1910.95, if such testing reveals that anemployee has sustained a hearing loss equal to anSTS, the employer must take protective measures,including requiring the use of hearing protectors, toprevent further hearing loss. Employers in the construction,agriculture, oil and gas drilling and servicing,and shipbuilding industries are not covered bySection 1910.95, and therefore are not required by<strong>OSHA</strong> to provide hearing tests. If employers in theseindustries voluntarily conduct hearing tests they arerequired to record hearing loss cases meeting therecording criteria set forth in the final Section 1904.10rule.[67 FR 77169, Dec.17, 2002]D. Other Hearing Loss Issues<strong>OSHA</strong> would like to clarify three matters in relation torecording occupational hearing loss in conjunctionwith the Section 1904.10 final rule issued July 1,2002. First, the preamble to the final rule stated thatemployers in the shipbuilding industries are not coveredby <strong>OSHA</strong>’s noise standard Section 1910.95 andare therefore not required to perform audiometrictests. (67 FR 44038, 44040). This statement was anerror. <strong>OSHA</strong> Directive STD 0.2 Identification ofGeneral Industry Safety and Health Standards (29CFR 1910) Applicable to Shipyard Work specificallystates that employers in the shipbuilding industrythat are covered by the 29 CFR part 1915 Standardsare required to comply with a number of 29 CFR Part1910 standards, including the Section 1910.95 requirementsfor occupational noise.[67 FR 44038-44044, July 1, 2002]II. Recording Occupational Hearing Loss Cases(continued)One of the major issues in the recordkeeping rulemakingwas to determine the level of occupationalhearing loss that constitutes a health condition seri -ous enough to warrant recording. This was necessarybecause the final rule no longer requires recording ofminor or insignificant health conditions that do notresult in one or more of the general recording criteriasuch as medical treatment, restricted work, or days<strong>OSHA</strong> RECORDKEEPINGaway from work (See, e.g., 66 FR 5931). In its 1996Federal Register notice <strong>OSHA</strong> proposed a requirementto record hearing loss averaging 15 dB at 2000,3000 and 4000 Hz in one or both ears (61 FR 4040).<strong>OSHA</strong> adopted the lower 10-dB threshold in the finalrule based in part upon comments that “(a)n age-correctedSTS is a large hearing change that can affectcommunicative competence” (66 FR 6008).<strong>OSHA</strong>’s DecisionFollowing consideration of the comments received inresponse to the July 3, 2001 proposal to modify thehearing loss recording criteria, <strong>OSHA</strong> has decided torequire employers to record audiometric results indicatinga Standard Threshold Shift (STS) only whensuch STS cases also reflect a total hearing level of atleast 25 dB from audiometric zero. The STS calculationuses audiometric results averaged over the frequencies2000, 3000 and 4000 Hz, using the originalbaseline and annual audiograms required by the<strong>OSHA</strong> noise standard Section 1910.95. The rule alsoallows the employer to adjust the employee’s audiogramresults used to determine an STS to subtracthearing loss caused by aging, allows the employer toretest the workers’ hearing to make sure the hearingloss is persistent, and allows the employer to seekand follow the advice of a physician or licensedhealth care professional in determining whether ornot the hearing loss was work-related.The approach adopted in the final rule has severaladvantages. By using the STS definition from the<strong>OSHA</strong> noise standard Section 1910.95, the Section1904.10 regulation uses a sensitive measure of hearingloss that has occurred while the employee isemployed by his or her current employer. By requiringall STSs to exceed 25 dB from audiometric zero,the regulation assures that all recorded hearing lossesare significant illnesses. <strong>OSHA</strong> received no commentssuggesting that a shift of 25 dB from audiometriczero was anything less than a serious hearingloss case. While there is little consensus among thecommenters concerning the appropriate level thatshould be used to record hearing loss cases, there iswidespread agreement that a 25-dB shift from audiometriczero is a serious hearing loss.The hearing loss recording level is also compatiblewith the final rule’s definition of injury or illness,“an abnormal condition or disorder” (Section1904.46). Various scales used to rate hearing lossconsider hearing levels less than 25 dB to be withinthe “normal range” (American Medical AssociationGuidelines to the evaluation of Material Impairment,American Academy of Family Physicians, AudiologyHANDBOOK89§1904.10
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OSHARecordkeeping HandbookThe Regul
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ContentsRecordkeeping HandbookRoadm
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Section 1904.40Providing records to
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Section 1904.0Purpose(66 FR 6122, J
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Section 1904.1Partial exemption for
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Section 1904.2Partial exemption for
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Partial Exemptions for Employers Un
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Section 1904.4Recording criteria(66
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Section 1904.5Determination of work
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(b)(7) How do I decide if a case is
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This exception, which responds to i
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considered work-related. If an empl
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Question 5-12. Is work-related stre
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• The doctor described the illnes
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Scenario 7:• A site hired numerou
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Letter of interpretation related to
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These principles should be applied
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LETTERS OF INTERPRETATION: Section
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Section 1904.33Retention and updati
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June 23, 2003Mr. Edwin G. Foulke, J
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Section 1904.34Change in business o
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PREAMBLE DISCUSSION: Section 1904.3
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Incident Report (Forms 300 and 301,
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workers’ compensation claim. See
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LETTERS OF INTERPRETATION: Section
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Letter of interpretation related to
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Question 3: Using the facts in Ques
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Section 1904.37State recordkeeping
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tion, require employers to report f
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(5) If I receive a variance, may th
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Section 1904.39Reporting fatalities
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gation. Therefore, the final rule d
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Section 1904.40Providing records to
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ness. The government inspector may
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Response: The controlling employer
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FREQUENTLY ASKED QUESTIONS: Section
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OSHA and the BLS have worked togeth
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provide copies of the retained reco
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FREQUENTLY ASKED QUESTIONS: Section
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Section 1904.46Definitions(66 FR 61
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of business information. For exampl
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inconvenience associated with keepi
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skin disease, respiratory disorder,
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Question 2: Under 29 CFR Section 19
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