(January 24, 2011) As employers raised concerns about its proposed interpretation of the noise protection standard, a federal agency withdrew that proposal from consideration on January 19.

The Occupational Safety and Health Administration (OSHA) within the U.S. Department of Labor had proposed that a “feasible” way employers could protect employees from excessive noise in the workplace could mean any administrative or engineering control that doesn’t threaten a company’s “ability to remain in business.”

Last week, however, OSHA backed away from that interpretation, proposed in the Federal Register on October 19, 2010.

Dr. David Michaels, assistant secretary of labor for occupational safety and health, said in an OSHA news release that “it is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated. We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.”

Michaels commented that “Hearing loss caused by excessive noise levels remains a serious occupational health problem in this country.”

OSHA’s release cited reports from the Bureau of Labor Statistics (BLS) that nearly 125,000 workers have suffered significant, permanent hearing loss since 2008. In 2008, BLS reported more than 22,000 hearing loss cases.

For the last 25 years, OSHA has required the use of administrative or engineering controls only if personal protective equipment, including earplugs, earmuffs and other hearing protectors, was not sufficient to reduce workplace noise to acceptable levels.

OSHA Efforts

Michaels said OSHA remains committed to finding ways to reduce hearing loss due to high workplace noise levels. As part of this effort, the agency said it will:

• Thoroughly review comments submitted in response to the Federal Register notice and any other information it receives on this issue.

• Hold a stakeholder meeting on preventing occupational hearing loss to elicit the views of employers, workers, and noise control and public health professionals.

• Consult with experts from the National Institute for Occupational Safety and Health and the National Academy of Engineering.

• Initiate a “robust outreach and compliance assistance effort” to provide enhanced technical information and guidance on the many inexpensive, effective engineering controls for dangerous noise levels.

Small Business

OSHA reported its On-Site Consultation Program offers free and confidential advice on health and safety solutions, with priority for high-hazard worksites. On-site consultation services exist in every state, independent from OSHA enforcement efforts.

More information is available at www.osha.gov.

Staff Contact: Marti Fisher