ANÁLISIS DE LA CASUÍSTICA DE LAS SOCIEDADES DE CARTERA

Section 1904.10 Recording criteria for cases involving occupational hearing loss

OSHA requirements are set by statute, standards and regulations. Letters of interpretation explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. These letters constitute OSHA’s interpretation of the requirements discussed.

Note that OSHA 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 develop-ments, you can consult OSHA’s website at http://www.osha.gov.

Letters of Interpretation constitute OSHA’s interpretation only of the requirements discussed and may not be applicable to any situation not delineated within the original correspondence.

Question 10-1. If an employee suffers a Standard Threshold Shift (STS) in only one ear, may the employer revise the baselines for both ears?

No. A Standard Threshold Shift, or STS, is defined in the occupational noise exposure standard at 29 CFR 1910.95(g)(10)(i) as a change in hearing threshold, rel-ative to the baseline audiogram for that employee, of an average of 10 decibels (dB) or more at 2000, 3000, and 4000 hertz (Hz) in one or both ears. The employ-er is pemploy-ermitted only to revise the baseline in the ear where the employee suffered an STS change in hear-ing threshold.

Question 10-2. Which baseline is used to determine if a recordable Standard Threshold Shift (STS) has occurred this year?

Employers should use the same baseline that they would use to comply with OSHA’s Noise Standard, Part 1910.95. If the employer chose to revise an

Letter of interpretation related to section 1904.10(b)(4) –

Recording criteria for recordkeeping cases involving occupational hearing loss.

employee’s baseline due to a previous STS, then the employer would use the same revised baseline when determining recordability under section 1904.10 of the recordkeeping regulation.

Question 10-3. If an employee experienced a record-able hearing loss case, where would the employer record the case on the OSHA 300 Log?

Prior to 2004, employers should record work-related hearing loss cases according to the instructions included with the Recordkeeping Forms. If the loss is associated with an event, such as acoustic trauma (e.g., an explosion), it would be recorded as an injury with a check mark in column (M)(1). If the loss is not an injury, it would be recorded as an illness, with a check mark in the all other illness column. Beginning in January 2004, employers must record all hearing loss cases in the separate hearing loss column (M)(5).

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March 4, 2004 Mr. Carl O. Sall, CIH

Director of Occupational Safety and Health Compliance

Comprehensive Health Services, Inc.

8229 Boone Boulevard, Suite 700 Vienna, VA 22182-2623

Dear Mr. Sall:

This is in response to your letter dated February 13, 2003. Thank you for your comments pertain-ing to the Occupational Safety and Health Administration's (OSHA) Injury and Illness Recordpertain-ing and Reporting Requirements contained in 29 CFR Part 1904. In your letter you requested clarifica-tions on some issues related to the recording criteria for cases involving occupational hearing loss.

Your questions are summarized below, followed by our responses.

Question: Does the thirty-day retest start on the day the initial hearing exam was completed, or on the date that the results are given to the employer?

Response: For OSHA purposes, the thirty-day retest begins from the date of the first test under Section 1904.10(b)(4) in the regulation. Also, see the September 4, 1991 letter of interpretation to Mr. Paul V. Williams from Patricia Clark. A retest audiogram may not be substituted for an initial audiogram unless it is obtained within thirty calendar days of the date of initial audiogram regard-less of the fact that an outside evaluating concern is used.

Question: Can I correct my OSHA 300 Log if on a subsequent exam an employee's hearing improves to a point that is no longer recordable?

Response: For purposes of OSHA recordkeeping, 1904.10(b)(4) states that "If subsequent audio-metric testing indicates that a Standard Threshold Shift (STS) is not persistent, you may erase or line-out the recorded entry." While the recordkeeping rule does not require the employer to main-tain documentation concerning the removal of cases, Section 1910.95(m)(2) of the noise standard requires the employer to keep records of all audiometric tests that are performed. Therefore, those records will be available, should they be needed for future reference.

Question: Does the hearing loss recordkeeping requirement apply to the Construction Industry?

Response: Yes. Employers in the construction industry are required to follow the recordkeeping requirements of 1904. Hearing losses of employees that meet the recording criteria set forth in 29 CFR 1904.10 must be recorded.

Finally, you have asked OSHA to review your draft examples of how to properly record an occu-pational hearing loss case. Work-related hearing loss cases must be recorded if they meet the requirements of 1904.10. Two basic questions must be answered:

1. Did the employee suffer a Standard Threshold Shift (STS) of 10 dB or more in one or both ears?

2. Is the employee's overall hearing level 25 dB or more above audiometric zero in the same or both ears?

If both questions can be answered yes, then it must be recorded on the OSHA 300 log. A decision tree has been enclosed to aid you with your recordkeeping requirements.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation let-ters 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 require-ments discussed. Note that our enforcement guidance may be affected by changes to OSHA rules.

May 8, 2003 Ms. Linda Ballas

Linda Ballas & Associates 4413 Copper Creek Lane Toledo, OH 43615 Dear Ms. Ballas:

Thank you for your January 21 letter to the Occupational Safety and Health Administration (OSHA) regarding the Occupational Noise standard. In your letter, you requested a clarification about how baseline audiograms should be revised. You also pointed out that two of our letters of interpretation provide contradictory guidance and are causing confusion among hearing associates.

A corrected response appears below.

The Occupational Noise Standard, 29 CFR 1910.95, requires employers to establish and maintain an audiometric testing program for all employees whose exposures equal or exceed an 8-hour time-weighted average (TWA) of 85 decibels on the “A” scale (dBA). Annual audiograms are com-pared to the baseline audiogram to determine if hearing loss is occurring.

If a standard threshold shift (STS), defined as an average of 10 dBA or more at 2000, 3000, and 4000 Hz, occurs in either ear, the employer must follow certain procedures outlined in the stan-dard, including notifying the affected employee in writing. Hearing loss cases that meet specific cri-teria must be recorded on the OSHA 300 log according to the recordkeeping requirements of 1904.10.

With regard to your request for a clarification as to how to revise the baseline, OSHA allows employers to revise the baseline by substituting the annual audiogram for the baseline audiogram when the reviewing professional determines that an STS is persistent. Such a revision would serve to prevent the same STS from being identified repeatedly for an employee whose hearing has stabi-lized. As a corollary, an annual audiogram may be substituted for the baseline audiogram when thresholds have significantly improved.

Letter of interpretation related to sections 1904.10, 1910.95, 1910.95(g)(1), 1910.95(g)(5), 1910.95(g)(7), 1910.95(g)(9) and 1910.95(g)(10) –

Baseline audiogram revision due to persistent STS or improved thresholds; revision must be made for each ear separately.

Also, from time to time we update our guidance in response to new information. To keep appraised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please contact the Division of Recordkeeping Requirements, at 202-693-1702.

Sincerely,

Frank Frodyma, Acting Director Directorate of Evaluation and Analysis Enclosure

O S H A R E C O R D K E E P I N G H A N D B O O K

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When the professional evaluating the audiogram determines that a baseline revision is appropriate, whether due to a persistent STS or improved thresholds, the baseline must be revised for each ear separately. For example, although an employee’s annual audiogram shows hearing thresholds dete-riorating in both ears simultaneously, occasionally an audiogram will show that an employee is suf-fering an STS in only one ear. This can sometimes be attributed to working near a loud noise source that is close to the affected ear. If such a shift is shown to be persistent in the judgment of the professional evaluating the audiogram, then the baseline audiogram may be revised due to the persistent STS. A baseline audiogram that shows a persistent shift for only one ear may be revised for only that ear. The baseline may not be revised for the other unaffected ear. This procedure is required because it provides a clear indication of how each ear is affected by noise.

Thank you for your interest in occupational safety and health and bringing these letters to our attention. The erroneous 1996 letter to Mr. Dean Harris will be removed from our website shortly.

We hope you find this information helpful. 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 http://www.osha.gov. If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190.

Sincerely,

Richard E. Fairfax, Director

Directorate of Enforcement Programs

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Section 1904.11