- Standard Number:
OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.
June 29, 1992
F. W. Lundy, CSM, CHCM
Corporate Safety Directo
r BE&K Construction Company
Post Office Box 12606
Birmingham, Alabama 35202-2606
Dear Mr. Lundy:
This is in response to your letter of May 4, to Acting Assistant Secretary Dorothy L. Strunk, concerning the standard applicable to occupational noise exposure in the construction industry.
The 1991 edition of publication OSHA 2207 represents a consolidation of the Occupational Safety and Health Administration (OSHA) regulations applicable to construction. You noted that it lists the General Industry Standard for Occupation Noise Exposure, 29 CFR 1910.95, as a standard applicable to the Construction Industry. You wish to know if this is accurate.
The inclusion of 29 CFR 1910.95 in OSHA 2207 is an error. There is a specific construction standard (29 CFR 1926.52) which covers occupational noise in construction work, including hearing conservation.
We appreciate the opportunity to clarify this matter for you.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs
July 1, 1992
Ms. Patricia K. Clark
Director of Compliance Programs
Occupational Safety & Health Administration
U.S. Department of Labor 200 Constitution Avenue, N.W.
Washington, DC 20210
Dear Ms. Clark:
You recently replied to my inquiry on the Construction Standard for Occupational Noise Exposure, 29 CFR 1926.52. There is still a question. Please clarify what constitutes a hearing conservation program under the Construction Standard.
This information is needed to clarify our in-house programs. Your immediate attention to this matter is greatly appreciated.
Sincerely,
F.W. Lundy CSM, CHCM
Corporate Safety Director
FWL/lm
August 4, 1992
Mr. F.W. Lundy
BE&K Construction Company
2000 International Park Drive
Post Office Box 12606
Birmingham, AL 35202-2606
Dear Mr. Lundy:
This is in response to your letter of July 1, requesting clarification as to what constitutes a hearing conservation program under the construction standard for occupational noise exposure, 29 CFR 1926.52.
The Occupational Safety and Health Administration (OSHA) has determined that an effective hearing conservation program consists of the following elements:
(1) Monitoring of employee noise exposures,
(2) The instigation of engineering, work practice, and administrative controls for excessive noise,
(3) The provision of each overexposed employee with an individually fitted hearing protector with an adequate noise reduction rating,
(4) Employee training and education regarding noise hazards and protection measures,
(5) Baselines and annual audiometry,
(6) Procedures for preventing further occupational hearing loss by an employee whenever such an event has been identified.
(7) Record Keeping
Every construction industry employer's hearing conservation program must incorporate as many of the above elements as are feasible.
We appreciate the opportunity to clarify this matter for you.
Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs