                                       
                         SUPPORTING STATEMENT FOR THE
           INFORMATION COLLECTION REQUIREMENTS FOR THE STANDARD ON 
           OCCUPATIONAL EXPOSURE TO NOISE (29 CFR 1910.95)[,]       
                    OFFICE OF MANAGEMENT AND BUDGET (OMB) 
                     Control No. 1218-0048 (December 2022)
                                       
.   
 This is an extension request for a currently approved data collection. 

 JUSTIFICATION
      
 Explain the circumstances that make the collection of information necessary.  Identify any legal or administrative requirements that necessitate the collection.  Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Occupational Safety and Health Act's (OSH Act) main objective is to ". . . assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources" (29 U.S.C. 651).  To achieve this objective, the OSH Act specifically authorizes "the development and promulgation of occupational safety and health standards" (29 U.S.C. 651).

For toxic substances, the OSH Act contains specific statutory language. Thus, as appropriate, health standards must include provisions for monitoring and measuring worker exposure, medical examinations and other tests, control and technological procedures, suitable protective equipment, labels, and other appropriate forms of warning, and precautions for safe use or exposure (29 U.S.C. 655 and 657). In addition, the OSH Act mandates "regulations requiring employers to maintain accurate records of worker exposure to potentially toxic materials or other harmful physical agents which are required to be monitored and measured." And further requires that employers notify workers exposed to concentrations over specific limits of these exposures and the corrective action, they are taking (29 U.S.C. 657).

In 1972, pursuant to its statutory authority under Section 6(a) of the OSH Act, OSHA adopted a standard regulating occupational exposure to noise at 29 CFR 1910.95 (the Standard, or the Noise Standard). This Standard had no collection of information provisions. On March 8, 1983, the Hearing Conservation Amendment was added to the existing Noise Standard.  The Hearing Conservation Amendment contained collection of information subject to the Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA).

The Noise Standard, as amended in 1983, requires employers to monitor worker exposure to noise when it is likely that such exposures may equal or exceed 85 decibels measured on the A scale (dBA) on an 8-hour time-weighted average (TWA) (action level); to take action to reduce noise exposure above the 90 dBA permissible exposure limit (PEL) to 90dBA or below; and to provide an effective hearing conservation program (HCP) for all workers exposed to noise at a level greater than, or equal to, a TWA of 85 dBA.  The HCP contains annual audiometric testing for workers; a provision for providing hearing protection devices to exposed workers; education and training of exposed workers; and maintenance of records pertaining to noise exposure monitoring and audiometric testing.  

 	2.  Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The following are the collection of information requirements as stated in the Standard, followed by discussions indicating how, by whom, and for what purpose the information is used.

A.  Monitoring (§1910.95(d))

Monitoring (§1910.95(d)(1)) - When information indicates that any worker's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program.

      §1910.95(d)(1)(ii) - Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the employer shall use representative personal sampling to comply with the monitoring requirements of this paragraph unless the employer can show that area sampling produces equivalent results.

      §1910.95(d)(2)(i) - All continuous, intermittent, and impulsive sound levels from 80 decibels to 130 decibels shall be integrated into the noise measurements.

      §1910.95(d)(2)(ii) - Instruments used to measure employee noise exposure shall be calibrated to ensure measurement accuracy.

§1910.95(d)(3) - Monitoring shall be repeated whenever a change in production, process, equipment or controls increases noise exposures to the extent that:

      §1910.95(d)(3)(i) - Additional employees may be exposed at or above the action level; or
      
      §1910.95(d)(3)(ii) - The attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet the requirements of paragraph (j) of this section.

Purpose:  Noise monitoring in the workplace is necessary for the following reasons: (1) to identify workers for whom hearing protection is mandatory; (2) to determine the amount of 
attenuation that hearing protectors need to provide; and (3) to familiarize both employers and workers with the degree of noise hazard. 

B.  Employee Notification (§1910.95(e)) 

The employer shall notify each worker exposed at or above an 8-hour (TWA) of 85 decibels of the monitoring results.

Purpose:  Consistent with section 8(c)(3) of the OSH Act, every worker has the right to know what their exposure level is and whether it is above or below the AL.  Moreover, since the PEL is one that also considers feasibility and, therefore, is not necessarily a "safe" level, it is necessary for workers to know the level of noise exposure to which they were exposed.  Additionally, when exposures are above the PEL, the employer must take action to reduce noise exposure to the PEL and provide an effective hearing conservation program for all workers exposed to noise at a level greater than, or equal to, the TWA of 85 dBA.  This requirement is necessary to assure workers that the employer is making every effort to furnish them with a safe and healthful work environment as required by section 8(c)(3) of the OSH Act.
 
C.  Audiometric testing program (§1910.95(g)) 

§1910.95(g)(1) - The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all workers whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.

§1910.95(g)(3) - Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation, or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms, and properly using, maintaining, and checking calibration and proper functioning of the audiometers being used. A technician who operates microprocessor audiometers does not need to be certified. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist, or physician.

§1910.95(g)(4) - All audiograms obtained pursuant to this section shall meet the requirements of Appendix C: "Audiometric Measuring Instruments."

Baseline audiogram (§1910.95(g)(5))  

      §1910.95(g)(5)(i) - Within 6 months of an employee's first exposure at or above the action level, the employer shall establish a valid baseline audiogram against which subsequent audiograms can be compared.
      
      §1910.95(g)(5)(ii) - Where mobile test vans are used to meet the audiometric testing obligation, the employer shall obtain a valid baseline audiogram within 1 year of an employee's first exposure at or above the action level. Where baseline audiograms are obtained more than 6 months after the employee's first exposure at or above the action level, employees shall wear hearing protectors for any period exceeding six months after first exposure until the baseline audiogram is obtained.

      §1910.95(g)(5)(iii) - Testing to establish a baseline audiogram shall be preceded by at least 14 hours without exposure to workplace noise. Hearing protectors may be used as a substitute for the requirement that baseline audiograms be preceded by 14 hours without exposure to workplace noise.

      §1910.95(g)(5)(iv) - The employer shall notify employees of the need to avoid high levels of non-occupational noise exposure during the 14-hour period immediately preceding the audiometric examination.

Annual audiogram (§1910.95(g)(6)) - At least annually after obtaining the baseline audiogram, the employer shall obtain a new audiogram for each worker exposed at or above an 8-hour time-weighted average of 85 decibels.

Evaluation of audiogram (§1910.95(g)(7)) 

      §1910.95(g)(7)(i) - Each employee's annual audiogram shall be compared to that employee's baseline audiogram to determine if the audiogram is valid and if a standard threshold shift as defined in paragraph (g)(10) of this section has occurred. This comparison may be done by a technician.

      §1910.95(g)(7)(ii) - If the annual audiogram shows that an employee has suffered a standard threshold shift, the employer may obtain a retest within 30 days and consider the results of the retest as the annual audiogram.

      §1910.95(g)(7)(iii) - The audiologist, otolaryngologist, or physician shall review problem audiograms and shall determine whether there is a need for further evaluation. The employer shall provide to the person performing this evaluation the following information:
      
            §1910.95(g)(7)(iii)(A) - A copy of the requirements for hearing conservation as set forth in paragraphs (c) through (n) of this section;

            §1910.95(g)(7)(iii)(B) - The baseline audiogram and most recent audiogram of the employee to be evaluated;

            §1910.95(g)(7)(iii)(C) - Measurements of background sound pressure levels in the audiometric test room as required in Appendix D: Audiometric Test Rooms.

            §1910.95(g)(7)(iii)(D) - Records of audiometer calibrations required by paragraph (h)(5) of this section.
            
Purpose:  Audiometric testing is an integral part of hearing conservation.  Since the hearing loss process tends to occur gradually, a worker often does not realize that he or she is developing a hearing loss until significant hearing damage has occurred. A permanent noise-induced threshold shift is irreversible. The baseline audiogram serves as a reference point to which subsequent audiograms can be compared.  The annual audiogram detects shifts in hearing level, indicates the need for follow-up procedures, identifies workers who are particularly susceptible to hearing loss, monitors the effectiveness of hearing protectors, and detects medical problems. It is important to identify deterioration of hearing before hearing impairment becomes too debilitating.  Thus, baseline and annual tests are necessary to reduce material impairment.

Follow-up procedures (§1910.95(g)(8))

      §1910.95(g)(8)(i) - If a comparison of the annual audiogram to the baseline audiogram indicates a standard threshold shift as defined in paragraph (g)(10) of this section has occurred, the employee shall be informed of this fact in writing, within 21 days of the determination.

      §1910.95(g)(8)(ii) - Unless a physician determines that the standard threshold shift is not work related or aggravated by occupational noise exposure, the employer shall ensure that the following steps are taken when a standard threshold shift occurs:

            §1910.95(g)(8)(ii)(A) - Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them.

            §1910.95(g)(8)(ii)(B) - Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors and provided with hearing protectors offering greater attenuation if necessary.
      
            §1910.95(g)(8)(ii)(C) - The employee shall be referred for a clinical audiological evaluation or an otological examination, as appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of the ear is caused or aggravated by the wearing of hearing protectors.
      
            §1910.95(g)(8)(ii)(D) - The employee is informed of the need for an otological examination if a medical pathology of the ear that is unrelated to the use of hearing protectors is suspected.

      §1910.95(g)(8)(iii) - If subsequent audiometric testing of an employee whose exposure to noise is less than an 8-hour TWA of 90 decibels indicates that a standard threshold shift is not persistent, the employer:
      
            §1910.95(g)(8)(iii)(A) - Shall inform the employee of the new audiometric interpretation; and

            §1910.95(g)(8)(iii)(B) - May discontinue the required use of hearing protectors for that employee.
            
Purpose:  Written notice to a worker who has suffered an STS is a more formal fashion of notification that prevents any misunderstandings or ambiguities.  

Informing workers of the need for an otological exam and of new audiometric interpretations provides important information to workers so that they may become involved in their own hearing protection efforts.

E.  Access to information and training materials (§1910.95(l))  

§1910.95(l)(1) - The employer shall make available to affected employees or their representatives copies of this standard and shall also post a copy in the workplace.[.]

§1910.95(l)(2) - The employer shall provide to affected employees any informational materials pertaining to the standard that are supplied to the employer by the Assistant Secretary.

§1910.95(l)(3) - The employer shall provide, upon request, all materials related to the employer's training and education program pertaining to this standard to the Assistant Secretary and the Director.

Purpose:  Allowing workers access to training materials ensures that the employer provided them with the required information and training, assuring that the workers can minimize or eliminate workplace exposure to Noise. The requirement to provide the training materials to OSHA compliance officers ensures that the training materials are correct and meet the requirements of the provisions.

Employers must make copies of the Standard available in the workplace and post the Standard.  Posting the Standard is exempt from the PRA definition of "collection of information" since the Standard can be obtained from OSHA for public disclosure (see 5 CFR §1320.3(c)(2)).  Burden hours and costs for employers to provide access to training materials as well as other records required by the Standard are included in Item 12 below under "Employee Access (§1910.95(m)(4))." 
      
 Recordkeeping (§1910.95(m))
   
Exposure measurements (§1910.95(m)(1)) - The employer shall maintain an accurate record of all employee exposure measurements required by paragraph (d) of this section.

Audiometric tests (§1910.95(m)(2))

§1910.95(m)(2)(i) - The employer shall retain all employee audiometric test records obtained pursuant to paragraph (g) of this section:

§1910.95(m)(2)(ii) - This record shall include:

      §1910.95(m)(2)(ii)(A) - Name and job classification of the employee;
      
      §1910.95(m)(2)(ii)(B) - Date of the audiogram;
      
      §1910.95(m)(2)(ii)(C) - The examiner's name;
      
      §1910.95(m)(2)(ii)(D) - Date of the last acoustic or exhaustive calibration of the audiometer; and
      
      §1910.95(m)(2)(ii)(E) - Employee's most recent noise exposure assessment.

      §1910.95(m)(2)(ii)(F) - The employer shall maintain accurate records of the measurements of the background sound pressure levels in audiometric test rooms.

Record retention (§1910.95(m)(3)) - The employer shall retain records required in this paragraph (m) for at least the following periods:

      §1910.95(m)(3)(i) - Noise exposure measurement records shall be retained for two years.

      §1910.95(m)(3)(ii) - Audiometric test records shall be retained for the duration of the affected employee's employment.

Access to records (§1910.95(m)(4)) 

      §1910.95(m)(4)(i) - All records required by this section shall be provided upon request to employees, former employees, representatives designated by the individual employee, and the Assistant Secretary. The provisions of 29 CFR 1910.1020 (a)-(e) and (g) apply to access to records under this section.

Purpose:  Workers and worker representatives use these records to assess worker medical status over the course of employment and to evaluate the effectiveness of the employer's exposure-reduction program.

The agency has no annualized cost associated with enforcing the Standard. OSHA would only review records in the context of an investigation of a particular employer to determine compliance with the Standard.  These activities are outside the scope of the PRA. See 5 CFR 1320.4(a)(2).
Transfer of records (§1910.95(m)(5))
If the employer ceases to do business, the employer shall transfer to the successor employer all records required to be maintained by this section, and the successor employer shall retain them for the remainder of the period prescribed in paragraph (m)(3) of this section.  Paragraph (h) of § 1910.1020 requires employers who cease to do business to transfer medical and exposure-monitoring records to the successor employer, who then must receive and maintain the records.  If no successor employer is available, the employer must, at least three months before ceasing business, notify current workers who have records of their right to access these records.

OSHA considers the employer's transfer of records to a successor employer to be usual and customary communication during the transition from one employer to a successor employer.  In this regard, the employer would communicate the location of all records, including employee exposure monitoring and medical records, at the facility to the successor employer during the transfer of business operations as a matter of usual and customary business practice.  

In addition, OSHA accounts for the burden hours and costs resulting from the employee notification requirements under the Information Collection Request (ICR) for its Access to Employee Exposure and Medical Records Standard (§1910.1020), OMB Control No. 1218-0065, Exp. Date: 10/31/2023. 

3.   Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also, describe any consideration of using information technology to reduce burden.

Employers may use improved information technology when establishing and maintaining the required records.  OSHA wrote the collection of information provisions of the Standard in performance-oriented language (i.e., in terms of what data to collect, not how to collect the data).

       4.  Describe efforts to identify duplication.  Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.

The requirements to collect and maintain information are specific to each employer and worker involved, and no other source or agency duplicates these requirements or can make the required information available to OSHA (i.e., the required information is available only from employers).

       5.  If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collection requirements of the Standard do not have a significant impact on a substantial number of small entities.

6.  Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, and any technical or legal obstacles to reducing burden.
 
The information collection frequencies specified by the Standard are the minimum frequencies necessary to ensure that employers and OSHA can effectively monitor noise exposure and the hearing status of workers exposed to noise.
      
       7.  Explain any special circumstances that would cause an information collection to be conducted in a manner:

     	::  requiring respondents to report information to the agency more often than quarterly;

      ::  requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

   	::  requiring respondents to submit more than an original and two copies of any document;

  	::  requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

      ::  in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

    	::  requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

      ::  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

      ::  requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Paragraph §1910.95(g)(8) requires the employer to notify workers in writing within 21 days, from the time of the STS determination is made, that their audiometric test results showed a STS.  

8.  If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.  Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.  Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years -- even if the collection of information activity is the same as in prior periods.  There may be circumstances that may preclude consultation in a specific situation.  These circumstances should be explained. 

As required by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 506(c)(2)(A)), OSHA published a notice in the Federal Register on December 21, 2022 (87 FR7812) Docket No. OSHA-2010-0017. soliciting comments on its proposal to extend the Office of Management and Budget's (OMB) approval of the information collection requirements specified in the Noise Standard (29 CFR 1910.95). This notice is part of a preclearance consultation program that provides interested parties the opportunity to comment on OSHA's request for an extension by OMB of a previous approval of the information collection requirements found in the above Standard. The agency will respond to any substantive comments submitted in response to this notice.  
	      9.  Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

The agency will not provide payments or gifts to the respondents.

10.   Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Since medical records contain information that may be considered private, OSHA has taken steps to ensure that the data are kept private to the extent allowed by law.  Rules of agency practice and procedure governing OSHA access to worker medical records are contained in 29 CFR 1913.10, (Rules of agency practice and procedure concerning OSHA access to employee medical records).  The legal authority for these procedural regulations is found in sections 8(c)(1) and 8(g)(2) of the Occupational Safety and Health Act, 29 U.S.C. 657; in section (e) of the Privacy Act, 5 U.S.C. 522(a)(e); in 29 CFR part 70(a); and in 5 U.S.C. 301. 

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.  This justification should include the reason why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

Perceived questions/information of a sensitive nature may be included in the employee medical exams and records required by the standard. This medical information is necessary for the physician, other licensed health care professional, or employer, to determine what protections an employer must take to ensure that the employee will have minimal occupational exposure to hazards.

12.  Provide estimates of the hour burden of the collection of information.  The statement should:

 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.  Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable.  If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.  Generally, estimates should not include burden hours for customary and usual business practices.

 If this request for approval covers more than one form, provide separate hour burden estimates for each form.

 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage-rate categories.  The cost of contracting out or paying outside parties for information activities should not be included here.  Instead, this cost should be included in Item 13.

Respondent Burden-Hour and Cost Burden Determinations

The burden hours are based on the Regulatory Impact Analysis (RIA) of the final revisions to the Occupational Exposure to Noise Standard and discussions with OSHA's Office of Regulatory Analysis as well as other OSHA staff. 

The agency estimates that there are 283,524 establishments and 3,802,698 employees exposed to 85 dBA affected by the Standard. OSHA has increased the estimated number of establishments from the previous ICR by approximately 24%, while the estimated number of employees from the previous ICR has increased by 3.1%. This is because, there is an increase in the number of establishments affected by the Noise Standard; virtually all establishments are in manufacturing according to County Business Pattern for 2022.  

Wage Rates

The agency determined the wage rate from mean hourly wage earnings to represent the cost of employee time.  For the relevant standard occupational classification category, OSHA used the wage rates reported in the Bureau of Labor Statistics, U.S. Department of Labor, Occupational Employment and Wage Statistics (OEWS), May 2021 [date accessed: August 12, 2022].  (OES data is available at https://www.bls.gov/oes/tables.htm.  To access a wage rate, select the year, List of SOC Occupations (bls.gov). "Occupation profiles,".)  
 
To account for fringe benefits, the agency used the Bureau of Labor Statistics' (BLS) Occupational Employment and Wage Statistics (OEWS) (2022).  Fringe markup is from the following BLS release:  Employer Costs for Employee Compensation news release text; for release 10:00 AM (EDT), June 16, 2022 Employer Costs for Employee Compensation - March 2022 (bls.gov) reported that private industry workers, fringe benefits accounted for accounted for 29.6 percent of total compensation and wages accounted for the remaining 70.4 percent.    

                              WAGE HOUR ESTIMATES
                              Occupational Title
                           Standard Occupation Code
                             Mean Hour Wage Rate 
                                      (A)
                                Fringe Benefits
                                      (B)
                           Loaded Hourly Wage Rate 
                              (C) = (A)(1/(1-(B))
First-Line Supervisors of Production and Operating Workers (Supervisor)
                                    51-1011
                                    $32.37
                                     .296
                                    $45.98
Secretaries and Administrative Assistants, Except Legal, Medical, and Executive (Clerk)
                                    43-6014
                                    $19.75
                                     .296
                                    $28.05
Chemical Technician
                                    19-4031
                                    $26.46
                                     .296
                                    $37.59
Non-supervisory production workers (Worker)
                                    51-0000
                                    $20.71
                                     .296
                                    $29.42


The following table provides information on the number and size of facilities and the noise exposure levels to workers.
                                       
                                       
                                       
                                       
                                    Table 1
Number of Establishments, Workers, and Exposed Levels by Size of Establishment

Number of Workers per Establishment

Number of Establishments

Total Number of Workers

Number of Workers exposed above 80 dBA
Number of Workers exposed above 85 dBA
1-19
194,689
1,104,502
526,894
361,182
20-49
42,246
1,320,548
610,436
399,604
50-99
20,845
1,466,344
677,674
445,572
100-249
16,803
2,590,826
1,165,545
759,194
250 +
8,941
5,517,602
2,878,845
1,837,147
Total
283,524
11,999,822
5,859,395
3,802,698

The following sections summarize the methodology used for estimating the number of burden hours and costs resulting from the information collection requirements of the Standard. 

(A)  Noise Level Monitoring (§1910.95(d))

The Standard allows employers to use either area or personal noise sampling techniques to identify workers who must be included in the Hearing Conservation Plan (HCP).  OSHA assumes one-half of the establishments use area monitoring and the other half use personal monitoring to determine worker noise exposure level.

Area Monitoring

Based on the typical frequency of process and equipment changes in manufacturing, OSHA estimates that each establishment conducts noise exposure-monitoring on average once every four years (.25).  The RIA estimated 26% of the establishments employing more than 100 workers, were conducting noise exposure-monitoring as a matter of usual and customary business practice before promulgation of the hearing conservation amendment.  Therefore, the number of establishments in size categories "100 to 249 workers" and "250 or more workers" is 26% less than in Table 1.  The agency estimates that a chemical technician (a technician), earning $37.59 an hour, takes 8 hours to monitor those firms with less than 250 workers, and 16 hours for those firms with 250 or more workers.

                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                    Table 2

                                       
                                   Firm Size
                                       
                           Number of Establishments
                                       
                Half of Establishments conduct Area Monitoring
                                       
                        Frequency (once every 4 years)
                                       
                            Technician Time (hours)
                                       
                                 Burden Hours

1-19
                                    194,689
                                      0.5
                                     0.25
                                       8
                                    194,689

20-49
                                    42,246
                                      0.5
                                     0.25
                                       8
                                    42,246

50-99
                                    20,845
                                      0.5
                                     0.25
                                       8
                                    20,845

100-249
                                    12,434
                                      0.5
                                     0.25
                                       8
                                    12,434

250+
                                     6,616
                                      0.5
                                     0.25
                                      16
                                    13,232

Totals
                                    276,830
                                       
                                       
                                       
283,446

      Firm Size 1-249 workers (194,689 +42,246 + 20,845 + 12,434 = 270,214)
      
      Burden hours: 270,214 establishments x 0.5 x 0.25 x 8 hours = 270,214 hours
                Cost: 270,214 hours x $37.59 = $10,157,344
      
      Firm Size 250+ workers
      
      Burden hours: 6,616 establishments x 0.5 x 0.25 x 16 hours = 13,232 hours
                      Cost: 13,232 hours x $37.59 = $497,391
      
Personal Monitoring

OSHA estimates that one-half of all establishments where workers experience 85 dBA or more of noise exposure, conduct personal monitoring an average of once every four years.  OSHA assumes employers will conduct representative noise measurements rather than actual measurements of each worker.  Thus, measurement of the exposure of one worker may be used to represent other similarly exposed workers.

The number of workers that are monitored varies with the nature of the industrial process and the diversity of the work areas and tasks.  Based on OSHA's broad experience with noise surveys in numerous industrial establishments, estimates have been developed of the percentages of workers to be measured to provide representative exposure for each size establishment. 

The agency estimates that a technician takes one hour per measured worker to select representative workers, to make daily dosimeter calibrations, to place and to remove the dosimeter from the individual worker.  The total burden for personal monitoring is estimated to be 209,819 burden hours.  Assuming a technician with an hourly wage rate of $37.59, performs this task, the total cost is estimated to be $7,887,096.

                                       
                                    Table 3

                                       
                                   Firm Size
                                       
                   Total Number of Workers exposed to 85 dBA
                                       
              Half of Establishments conduct Personal Monitoring
                                       
                     Percentage of workers being monitored
                                       
                        Frequency (once every 4 years)
                                       
                            Technician Time (hours)
                                       
                                 Burden Hours
                                       
                                     1-19
                                    361,182
                                      0.5
                                       1
                                     0.25
                                       1
                                    45,148
                                       
                                     20-49
                                    399,604
                                      0.5
                                      0.6
                                     0.25
                                       1
                                    29,970
                                       
                                     50-99
                                    445,572
                                      0.5
                                      0.5
                                     0.25
                                       1
                                    27,848
                                       
                                    100-249
                                    759,194
                                      0.5
                                      0.4
                                     0.25
                                       1
                                    37,960
                                       
                                      250
                                   1,837,147
                                      0.5
                                      0.3
                                     0.25
                                       1
                                    68,893
                                       
                                    Totals
                                   3,802,698

                                       
                                       
                                       
                                    209,819


      Cost: 209,819 hours x $37.59 = $7,887,096

(B)  Employee Notification of Exposure (§1910.95(e))

Employers must notify the worker when noise exposure exceeds the 8-hour TWA of 85 dBA.  Employers may choose how they inform their workers (i.e., either written or oral notification).  Some employers may provide individual written notifications to the worker while others may post the notifications, or orally inform a group of workers.  For this clearance, the agency estimates, on average, a clerical person takes two minutes (2/60 hour) to inform each affected worker.

      Burden hours: 3,802,698 workers x 2/60 hour = 126,757 hours
                Cost:  126,757 hours x $28.05 = $3,555,334

(C)  Audiometric Testing Program (§1910.95(g))

Employers must establish and maintain an audiometric testing program to provide audiometric testing to all workers whose exposures equal or exceed an 8-hour time weighted average of 85 decibels.

The number of establishments was divided into three categories: small (1-49 workers), medium (50-249 workers), and large (250 or more workers) to estimate burden hours and costs for the audiometric testing program. Every worker required to be included in the hearing conservation program must be tested initially to establish a baseline measurement.  Audiometric examinations are provided annually thereafter to determine whether hearing has been affected.  See Table 3 above for breakdown. 

      (1)	Small Establishments (1-49 workers)

      OSHA estimates that 236,935 small establishments employ 760,786 workers who are exposed above 85 dBA.  Small establishments will send one half or 380,393 of their workers to facilities outside the workplace for audiometric examinations.  OSHA estimates a worker takes 1 hour to travel to the testing site, take the audiometric exam and return to the workplace.  OSHA assumes the remaining 380,393 will receive audiometric examinations by mobile testing vans.  Each examination conducted via mobile testing van is estimated to take 15 minutes (15/60 hour).  
            
            Burden hours:  380,393 workers tested outside workplace x 1 hour = 
                                                   380,393 hours   
            
            Burden hours:  380,393 workers tested via mobile van x 15/60 hour =  
                                       95,098 hours
            
        Total Burden hours:  475,491 hours
            
                      Cost:  475,491 hours x $29.42 = $13,988,945

Medium Establishments (50  -  249 workers)

      The agency estimates that the 37,648 medium establishments employ 1,204,766 workers who have noise exposure above 85 dBA that must be tested.  OSHA assumes these establishments have mobile testing vans visiting their facilities to conduct the audiometric examinations.  Each test is estimated to take 15 minutes (15/60 hour).

            Burden hours:  1,204,766 workers x 15/60 hour = 301,192 hours
                      Cost:   301,192 hours x $29.42 = $8,861,069

      (3)	Large Establishments (250 or more workers)

      OSHA assumes that 8,941 large establishments have purchased their own audiometric testing equipment and are conducting their own noise monitoring. OSHA estimates that each test takes 15 minutes (15/60 hour) of a worker's time and 15 minutes (15/60 hour) of a technician's time to administer, each test for a total of 30 minutes (30/60 hour) per examination.  Based on the 1983 RIA, OSHA assumed that large establishments provide audiometric tests for 20 percent of workers prior to the Standard; therefore, for workers receiving the test, the agency considers it a normal and customary business practice.  The agency estimates that there are 1,469,718 (1,837,147 x 80%) workers in large establishments exposed above 85 dBA being tested each year. 

      Burden hours:   1,469,718 examinations x 15/60 hour = 367,430 hours
      	    Cost:   367,430 hours x $29.42 (worker) = $10,809,791
      
      Burden hours:   1,469,718 examinations x 15/60 hour = 367,430 hours
                Cost:   367,430 hours x $37.59 (technician) = $13,811,694
            
            Total Burden hours: 734,860
                                      Cost: $24,621,485
               						
Employee Notification of Standard Threshold Shift (STS) 
      
As part of the follow-up procedure, employers must notify each worker, in writing, whose annual audiogram shows that an STS has occurred (as compared with the worker's baseline audiogram) within 21 days of this interpretation.  OSHA assumes that 10 percent of the 3,802,698 audiograms will show an STS has occurred.  A clerk will take, on average, 2 minutes (2/60 hour) to prepare each notification since many employers will use computer generated form notifications.

      Burden hours: 3,802,698 audiograms x 10% x 2/60 hour = 12,676 hours
               Cost:  12,676 hours x $28.05 = $355,562
      
Follow-up Procedures (§1910.95(g)(8))

In addition to notifying workers that they have experienced an STS, employers must provide a follow-up referral to an audiologist, otolaryngologist, or physician if the employer suspects that a medical pathology of the ear is caused or aggravated by the use of hearing protectors.  Employers must also notify workers of the need for an otological examination if a medical pathology of the ear that is unrelated to the use of hearing protectors is suspected.  These establishments (small, medium, and large) total 3,802,698 workers exposed above 85 dBA.  The agency estimates 5 percent (190,135) of the 3,802,698 workers tested will require a referral, or notification of the need for an otological examination and that it will require 1 minute (1/60 hour) of a manager's time to provide a copy of the affected worker's record for each referral, or to notify the worker of the otological examination.

      Burden hours: 190,135 workers x 1/60 hour = 3,169 hours
                Cost:  3,169 hours x $45.98 = $145,711

Evaluation of Audiograms (§1910.95(g)(7))

Employers must provide to the person evaluating the audiogram the following information: 1) a copy of the requirements for the hearing conservation in paragraphs (c) through (n) of the Standard; 2) the worker's baseline audiogram and most recent audiogram of the worker to be evaluated; 3) measurements of background sound pressure levels in the audiometric test room as required in Appendix D; Audiometric Test Rooms; and 4) records of audiometer calibrations required by paragraph (h)(5) of the Standard. 

Items 3 and 4 pertain to the hearing test booth or room where the audiogram will be conducted.  Since small and medium employers contract out audiograms, they do not expend time to develop this information.  Rather, these employers would incur this in the per unit cost of a worker's audiogram.

OSHA estimates a clerical worker takes 2 minutes (2/60 hour) to provide items 1 and 2 to the contractor for the 1,965,732 affected workers (760,786 workers in small establishments + 1,204,946 workers in medium establishments).  OSHA assumes that, in most instances, employers will continue to use the same contractor, and the contractor will already have much of the required information.
      
      Burden hours:  1,965,732 workers x 2/60 hour = 65,524 hours
                Cost:  65,524 hours x $28.05 = $1,837,948
            
For large companies, OSHA assumes the audiogram is performed in-house; therefore, these employers must calibrate the audiometer (paragraph (h)(5)), and generate a record as required by paragraph (g)(7).

OSHA estimates that each of the 8,941 large firms' technicians takes 20 minutes (20/60 hour) per year to calibrate their audiometric testing equipment.

      Burden hours:   8,941 firms x 20/60 hour = 2,980 hours
                Cost:   2,980 hours x $37.59 = $112,018
            
Total Burden Hours and Cost for Evaluation of Audiograms

      Burden hours:  65,524 hours + 2,980 hours = 68,504 hours
                Cost:   $1,837,948 + $112,018 = $1,949,966

(D)  Recordkeeping (§1910.95(m))

      (1)  Exposure records and retention (§1910.95(m)(1))

Based on data in the Noise Regulatory Impact Analysis, OSHA assumes that a clerical worker takes 5 minutes (5/60 hour) per worker to process exposure measurement records and this processing will occur once every 4 years.
	
      Burden hours: 3,802,698 workers/4 x 5/60 hour = 79,223 hours
                Cost:  79,223 hours x $28.05 = $2,222,205
            
      (2)  Audiometric tests (§1910.95(m)(2))

The employer must maintain and update each worker's audiometric testing record for the duration of the affected worker's employment.  OSHA assumes that a clerical worker will take 1 minute (1/60 hour) per worker per year to update and maintain the records for the duration of the workers' employment.

      Burden hours:  3,802,698 x 1/60 hour = 63,378 hours
                Cost:  63,378 hours x $28.05 = $1,777,753
            
      (3)  Employee access (§1910.95(m)(4))
            
OSHA estimates that approximately 10% of the 5,859,395 potentially affected workers will annually request access to their records and that each request will require approximately 1 minute (1/60 hour) of clerical time.

      Burden hours:  5,859,395 workers x 10% x 1/60 hour = 9,766 hours
                Cost:  9,766 hours x $28.05 = $273,936
            

         Table 4: Estimated Annualized Respondent Hour and Cost Burden
                      Information Collection Requirements
                              Type of Respondent
                              No. of Respondents
                        No. of Responses per Respondent
                            Total No. of Responses
                                   Frequency
                      Avg. Burden per Response (In Hrs.)
                              Total Burden Hours
                             Avg. Hourly Wage Rate
                              Total Burden Costs
                  (A)  Noise Level Monitoring (§1910.95(d))
Area Monitoring 
                 Employer (Chemical Technician)  -  Firm Size 
                                     1-249
                                    270,214
                                      .5
135,107
                                      1/4
                                       8
                                    270,214
                                    $37.59
                                  $10,157,344

                                   Employer
                   (Chemical Technician)  -  Firm Size 250+
                                     6,616
                                      .5
                                     3,308
                                      1/4
                                      16
                                    13,232
                                    $37.59
                                   $497,391
Personal Monitoring
                                   Employer
                             (Chemical Technician)
                                    283,524
                                  17.0889372
                                   3,802,698
                                      1/4
                                       1
                                    209,819
                                    $37.59
                                  $7,887,096
Unduplicated Total 
                                       
                                      --
                                      --
                                   3,941,113
                                      --
                                      --
                                    493,265
                                      --
                                  $18,541,831
              (B) Employee Notification of Exposure (§1910.95(e)

                                   Employer
                                    (Clerk)
                                    283,524
                                     13.41
                                   3,802,698
                                       1
                                     2/60
                                    126,757
                                    $28.05
            $$3,555,334

                                       
                (C) Audiometric Testing Program (§1910.95(g))
(1) Small Establishments
                                   Employer
                                   (Worker)
                                    283,524
                                    1.34166
                                    380,393
                                       1
                                       1
                                    380,393
                                    $29.42
                                  $11,191,162

                                   Employer
                                   (Worker)
                                    182,902
                                    2.0796
                                    380,393
                                       1
                                     15/60
95,098
$29.42
                                  $2,797,783
(2) Medium Establishments
                                   Employer
                                   (Worker)
                                    283,524
                                    4.2492
                                   1,204,766
                                       1
                                     15/60
                                    301,192
                                    $29.42
                                  $8,861,069
(3) Large Establishments
                                   Employer
                                   (Worker)
                                    283,524
                                    5.18375
                                   1,469,718
                                       1
                                     15/60
                                    367,430
                                    $29.42
                                  $10,809,791

                                   Employer
                             (Chemical Technician)
283,524
5.18375
                                   1,469,718
                                       1
                                     15/60
                                    367,430
                                    $37.59
                                  $13,811,694
Unduplicated Total
                                       
                                      --
                                      --
                                   4,904,988
                                      --
                                      --
                                   1,511,543
                                      --
                                  $47,471,499
Employee Notification of Standard Threshold Shift
                                   Employer
                                    (Clerk)
                                    283,524
                                   13.41226
                                   3,802,698
                                       1
                                     2/60
                                    12,676
                                    $28.05
                                   $355,562
Follow-Up Procedures
                                   Employer
                                 (Supervisor)
                                    283,524
                                   0.670613
                                    190,135
                                       1
                                     1/60
                                     3,169
                                    $45.98
                                   $145,711
Evaluation of Audiograms
                                   Employer
                                    (Clerk)
                                    283,524
                                   6.880049
                                   1,965,732
                                       1
                                     2/60
                                    65,524
                                    $28.05
                                  $1,837,948

                                   Employer
                             (Chemical Technician)
                                    283,524
                                    .023899
                                     8,941
                                       1
                                     20/60
                                     2,980
                                    $37.59
                                   $112,018
Unduplicated Total 
                                       
                                      --
                                      --
                                   5,967,506
                                      --
                                      --
                                    84,349
                                      --
                                  $2,451,239
(D) Recordkeeping (§1910.95(m))
(1) Exposure Records and Retention
                                   Employer
                                    (Clerk)
                                    283,524
                                   13.41226
                                   3,802,698
                                      1/4
                                     5/60
                                    79,223
                                    $28.05
                                  $2,222,205
(2) Audiometric Tests
                                   Employer
                                    (Clerk)
                                    283,524
                                   13.41226
                                   3,802,698
                                       1
                                     1/60
                                    63,378
                                    $28.05
                                  $1,777,753
(3) Employee Access
                                   Employer
                                    (Clerk)
                                    283,524
                                   20.66631
                                   5,859,395
                                       1
                                     1/60
                                     9,766
                                    $29.05
                                   $273,936
Unduplicated Total
                                       
                                      --
                                      --
                                  13,464,791
                                      --
                                      --
                                    152,367
                                      --
                                  $4,273,894
GRAND TOTAL
                                       
                                   283,524 
                                      --
32,081,096
                                      --
                                      --
                                       
                                   2,368,281
                                      --
                                  $72,738,463
            
            

  Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.  (Do not include the cost of any hour burden shown in Items 12 and 14).
   
 The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
   
 If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.  The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate.  In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

 Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

OSHA estimates that the total annual cost to respondents is $39,771,368 which consists of off-site and on-site audiometric testing for workers.

1, Audiometric Examination Costs 
Small establishments will incur costs when half of their 760,786 workers (380,393) are sent outside the workplace for audiometric exams fees.  OSHA estimates that each off-site audiometric examination costs $41.36. 

2. Mobile Van Testing Costs 

The remaining half of small establishment workers and all medium establishment workers will be tested in a mobile van.  Mobile testing services charge between $13.54 and $20.31 per worker depending on volume and tests and usually last around 15 minutes (15/60 hour).  Since small establishments have fewer workers to test, they would likely pay the higher rate of $20.31 while medium establishments would likely pay a lower price of $13.54 per person. 

Note: Large establishments are assumed to have in house testing equipment and, therefore, the costs are composed of the time of the technician and the worker to take the test.   The wage and hour cost are taken under Item 12. 

                                                            Annual Costs                           Type of Establishment
Type of Worker
Number of Workers
Wage Rate
Cost 
Small Establishment
Small Establishment Workers
380,393
$41.36
$15,733,054 
 
Medium Establishment
Medium Establishment Workers
380,393
$20.31
$7,725,782 
 
Medium Establishment 
Medium Establishment Workers
1,204,766
$13.54
$16,312,532 
 
Total Cost
 
 
 
 $39,771,368
      
      
 Provide estimates of annualized cost to the Federal government.  Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.  Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
 
 The agency has no annualized cost associated with enforcing the Standard.  OSHA would only review records in the context of an investigation of a particular employer to determine compliance with the Standard.  These activities are outside the scope of the PRA.  See 5 CFR 1320.4(a)(2).

 Explain the reasons for any program changes or adjustments.

The agency is requesting an adjustment.  The burden hours associated with the collection of information in the Standard increased from 2,240,636 to 2,368,281 for a total increase of 127,645 hours.  An increase in the burden hours was created due to the increase in the number of establishments going from 215,624 to 283,524 and the number of employees going from 3,684,785 to 3,802,698 exposed to 85 dBA affected by the Standard. 

The agency is also requesting an increase in the cost under Item 13 from $34,812,006 to $39,771,368 to (a total increase of $4,959,362).  

 For collections of information whose results will be published, outline plans for tabulation, and publication.  Address any complex analytical techniques that will be used.  Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

OSHA will not publish the information collected under the Standard.

 If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

There are no forms on which to display the expiration date.

 Explain each exception to the certification statement.

OSHA is not seeking an exception to the certification statement.

B.   COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS.

This supporting statement does not contain any collection of information that employs statistical methods.






SEC. 2. Congressional Findings and Purpose

(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. (b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources --
29 USC 651

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions; (2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act; (4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems; (6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety; (7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience; (8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health; affecting the OSH Act since its passage in 1970 through January 1, 2004. (9) by providing for the development and promulgation of occupational safety and health standards; (10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;
(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith; (12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem; (13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.
                                       
                                       
                                       
                                       
                                       
                 6. Occupational Safety and Health Standards 
29 USC 655: 
(a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. (b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner: 
(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefore and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing. 
                                       
                                       
                                       
                                       
SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized --
29 USC 657
 
(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and

(2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.

(b) In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(c) (1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards.

 
(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

(3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured under section 6. Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring, and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under section 6, and shall inform any employee who is being thus exposed of the corrective action being taken.

(d) Any information obtained by the Secretary, the Secretary of Health and Human Services, or a State agency under this Act shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.

(e) Subject to regulations issued by the Secretary, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.

(f) (1) Any employees or representative of employees who believe that a violation of a safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employees or representative of employees, and a copy shall be provided the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as practicable, to determine if such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists he shall notify the employees or representative of the employees in writing of such determination.

 
(2) Prior to or during any inspection of a workplace, any employees or representative of employees employed in such workplace may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which they have reason to believe exists in such workplace. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or representative of employees requesting such review a written statement of the reasons for the Secretary's final disposition of the case.

(g) (1) The Secretary and Secretary of Health and Human Services are authorized to compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section.

 
(2) The Secretary and the Secretary of Health and Human Services shall each prescribe such rules and regulations as he may deem necessary to carry out their responsibilities under this Act, including rules and regulations dealing with the inspection of an employer's establishment.

(h) The Secretary shall not use the results of enforcement activities, such as the number of citations issued or penalties assessed, to evaluate employees directly involved in enforcement activities under this Act or to impose quotas or goals with regard to the results of such activities.
                                          Pub. L. 105-198 added subsection (h).




                                       
§ 1910.95 Occupational noise exposure.
  (a) Protection against the effects of noise exposure shall be provided when the sound levels exceed those shown in Table G-16 when measured on the A scale of a standard sound level meter at slow response. When noise levels are determined by octave band analysis, the equivalent A-weighted sound level may be determined as follows: 
Figure G-9 
Equivalent sound level contours. Octave band sound pressure levels may be converted to the equivalent A-weighted sound level by plotting them on this graph and noting the A-weighted sound level corresponding to the point of highest penetration into the sound level contours. This equivalent A-weighted sound level, which may differ from the actual A-weighted sound level of the noise, is used to determine exposure limits from Table 1.G-16.
  (b) 
   (1) When employees are subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of Table G-16, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table. 
   (2) If the variations in noise level involve maxima at intervals of 1 second or less, it is to be considered continuous. 
Table G-16 - Permissible Noise Exposures[1] 
                           Duration per day, hours 
                        Sound level dBA slow response 
8
90 
6
92 
4
95 
3
97 
2
100 
11⁄2 
102 
1
105 
1⁄2 
110 
1⁄4 or less
115 
[1] When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C1/T1 + C2/T2Cn/Tn exceeds unity, then, the mixed exposure should be considered to exceed the limit value. Cn indicates the total time of exposure at a specified noise level, and Tn indicates the total time of exposure permitted at that level. 
Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level.
  (c) Hearing conservation program. 
   (1) The employer shall administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a, and without regard to any attenuation provided by the use of personal protective equipment. 
   (2) For purposes of paragraphs (c) through (n) of this section, an 8-hour time-weighted average of 85 decibels or a dose of fifty percent shall also be referred to as the action level. 
  (d) Monitoring. 
   (1) When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program. 
     (i) The sampling strategy shall be designed to identify employees for inclusion in the hearing conservation program and to enable the proper selection of hearing protectors. 
     (ii) Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the employer shall use representative personal sampling to comply with the monitoring requirements of this paragraph unless the employer can show that area sampling produces equivalent results. 
   (2) 
     (i) All continuous, intermittent and impulsive sound levels from 80 decibels to 130 decibels shall be integrated into the noise measurements. 
     (ii) Instruments used to measure employee noise exposure shall be calibrated to ensure measurement accuracy. 
   (3) Monitoring shall be repeated whenever a change in production, process, equipment or controls increases noise exposures to the extent that: 
     (i) Additional employees may be exposed at or above the action level; or 
     (ii) The attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet the requirements of paragraph (j) of this section. 
  (e) Employee notification. The employer shall notify each employee exposed at or above an 8-hour time-weighted average of 85 decibels of the results of the monitoring. 
  (f) Observation of monitoring. The employer shall provide affected employees or their representatives with an opportunity to observe any noise measurements conducted pursuant to this section. 
  (g) Audiometric testing program. 
   (1) The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels. 
   (2) The program shall be provided at no cost to employees. 
   (3) Audiometric tests shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation, or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms, and properly using, maintaining and checking calibration and proper functioning of the audiometers being used. A technician who operates microprocessor audiometers does not need to be certified. A technician who performs audiometric tests must be responsible to an audiologist, otolaryngologist or physician. 
   (4) All audiograms obtained pursuant to this section shall meet the requirements of appendix C: Audiometric Measuring Instruments. 
   (5) Baseline audiogram. 
     (i) Within 6 months of an employee's first exposure at or above the action level, the employer shall establish a valid baseline audiogram against which subsequent audiograms can be compared. 
     (ii) Mobile test van exception. Where mobile test vans are used to meet the audiometric testing obligation, the employer shall obtain a valid baseline audiogram within 1 year of an employee's first exposure at or above the action level. Where baseline audiograms are obtained more than 6 months after the employee's first exposure at or above the action level, employees shall wearing hearing protectors for any period exceeding six months after first exposure until the baseline audiogram is obtained. 
     (iii) Testing to establish a baseline audiogram shall be preceded by at least 14 hours without exposure to workplace noise. Hearing protectors may be used as a substitute for the requirement that baseline audiograms be preceded by 14 hours without exposure to workplace noise. 
     (iv) The employer shall notify employees of the need to avoid high levels of non-occupational noise exposure during the 14-hour period immediately preceding the audiometric examination. 
   (6) Annual audiogram. At least annually after obtaining the baseline audiogram, the employer shall obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels. 
   (7) Evaluation of audiogram. 
     (i) Each employee's annual audiogram shall be compared to that employee's baseline audiogram to determine if the audiogram is valid and if a standard threshold shift as defined in paragraph (g)(10) of this section has occurred. This comparison may be done by a technician. 
     (ii) If the annual audiogram shows that an employee has suffered a standard threshold shift, the employer may obtain a retest within 30 days and consider the results of the retest as the annual audiogram. 
     (iii) The audiologist, otolaryngologist, or physician shall review problem audiograms and shall determine whether there is a need for further evaluation. The employer shall provide to the person performing this evaluation the following information: 
      (A) A copy of the requirements for hearing conservation as set forth in paragraphs (c) through (n) of this section; 
      (B) The baseline audiogram and most recent audiogram of the employee to be evaluated; 
      (C) Measurements of background sound pressure levels in the audiometric test room as required in appendix D: Audiometric Test Rooms. 
      (D) Records of audiometer calibrations required by paragraph (h)(5) of this section. 
   (8) Follow-up procedures. 
     (i) If a comparison of the annual audiogram to the baseline audiogram indicates a standard threshold shift as defined in paragraph (g)(10) of this section has occurred, the employee shall be informed of this fact in writing, within 21 days of the determination. 
     (ii) Unless a physician determines that the standard threshold shift is not work related or aggravated by occupational noise exposure, the employer shall ensure that the following steps are taken when a standard threshold shift occurs: 
      (A) Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them. 
      (B) Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors and provided with hearing protectors offering greater attenuation if necessary. 
      (C) The employee shall be referred for a clinical audiological evaluation or an otological examination, as appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of the ear is caused or aggravated by the wearing of hearing protectors. 
      (D) The employee is informed of the need for an otological examination if a medical pathology of the ear that is unrelated to the use of hearing protectors is suspected. 
     (iii) If subsequent audiometric testing of an employee whose exposure to noise is less than an 8-hour TWA of 90 decibels indicates that a standard threshold shift is not persistent, the employer: 
      (A) Shall inform the employee of the new audiometric interpretation; and 
      (B) May discontinue the required use of hearing protectors for that employee. 
   (9) Revised baseline. An annual audiogram may be substituted for the baseline audiogram when, in the judgment of the audiologist, otolaryngologist or physician who is evaluating the audiogram: 
     (i) The standard threshold shift revealed by the audiogram is persistent; or 
     (ii) The hearing threshold shown in the annual audiogram indicates significant improvement over the baseline audiogram. 
   (10) Standard threshold shift. 
     (i) As used in this section, a standard threshold shift is a change in hearing threshold relative to the baseline audiogram of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear. 
     (ii) In determining whether a standard threshold shift has occurred, allowance may be made for the contribution of aging (presbycusis) to the change in hearing level by correcting the annual audiogram according to the procedure described in appendix F: Calculation and Application of Age Correction to Audiograms. 
  (h) Audiometric test requirements. 
   (1) Audiometric tests shall be pure tone, air conduction, hearing threshold examinations, with test frequencies including as a minimum 500, 1000, 2000, 3000, 4000, and 6000 Hz. Tests at each frequency shall be taken separately for each ear. 
   (2) Audiometric tests shall be conducted with audiometers (including microprocessor audiometers) that meet the specifications of, and are maintained and used in accordance with, American National Standard Specification for Audiometers, S3.6-1969, which is incorporated by reference as specified in § 1910.6. 
   (3) Pulsed-tone and self-recording audiometers, if used, shall meet the requirements specified in appendix C: Audiometric Measuring Instruments. 
   (4) Audiometric examinations shall be administered in a room meeting the requirements listed in appendix D: Audiometric Test Rooms. 
   (5) Audiometer calibration. 
     (i) The functional operation of the audiometer shall be checked before each day's use by testing a person with known, stable hearing thresholds, and by listening to the audiometer's output to make sure that the output is free from distorted or unwanted sounds. Deviations of 10 decibels or greater require an acoustic calibration. 
     (ii) Audiometer calibration shall be checked acoustically at least annually in accordance with appendix E: Acoustic Calibration of Audiometers. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this check. Deviations of 15 decibels or greater require an exhaustive calibration. 
     (iii) An exhaustive calibration shall be performed at least every two years in accordance with sections 4.1.2; 4.1.3.; 4.1.4.3; 4.2; 4.4.1; 4.4.2; 4.4.3; and 4.5 of the American National Standard Specification for Audiometers, S3.6-1969. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this calibration. 
  (i) Hearing protectors. 
   (1) Employers shall make hearing protectors available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater at no cost to the employees. Hearing protectors shall be replaced as necessary. 
   (2) Employers shall ensure that hearing protectors are worn: 
     (i) By an employee who is required by paragraph (b)(1) of this section to wear personal protective equipment; and 
     (ii) By any employee who is exposed to an 8-hour time-weighted average of 85 decibels or greater, and who: 
      (A) Has not yet had a baseline audiogram established pursuant to paragraph (g)(5)(ii); or 
      (B) Has experienced a standard threshold shift. 
   (3) Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer. 
   (4) The employer shall provide training in the use and care of all hearing protectors provided to employees. 
   (5) The employer shall ensure proper initial fitting and supervise the correct use of all hearing protectors. 
  (j) Hearing protector attenuation. 
   (1) The employer shall evaluate hearing protector attenuation for the specific noise environments in which the protector will be used. The employer shall use one of the evaluation methods described in appendix B: Methods for Estimating the Adequacy of Hearing Protection Attenuation. 
   (2) Hearing protectors must attenuate employee exposure at least to an 8-hour time-weighted average of 90 decibels as required by paragraph (b) of this section. 
   (3) For employees who have experienced a standard threshold shift, hearing protectors must attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or below. 
   (4) The adequacy of hearing protector attenuation shall be re-evaluated whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. The employer shall provide more effective hearing protectors where necessary. 
  (k) Training program. 
   (1) The employer shall train each employee who is exposed to noise at or above an 8-hour time weighted average of 85 decibels in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program. 
   (2) The training program shall be repeated annually for each employee included in the hearing conservation program. Information provided in the training program shall be updated to be consistent with changes in protective equipment and work processes. 
   (3) The employer shall ensure that each employee is informed of the following: 
     (i) The effects of noise on hearing; 
     (ii) The purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use, and care; and 
     (iii) The purpose of audiometric testing, and an explanation of the test procedures. 
  (l) Access to information and training materials. 
   (1) The employer shall make available to affected employees or their representatives copies of this standard and shall also post a copy in the workplace. 
   (2) The employer shall provide to affected employees any informational materials pertaining to the standard that are supplied to the employer by the Assistant Secretary. 
   (3) The employer shall provide, upon request, all materials related to the employer's training and education program pertaining to this standard to the Assistant Secretary and the Director. 
  (m) Recordkeeping - 
   (1) Exposure measurements. The employer shall maintain an accurate record of all employee exposure measurements required by paragraph (d) of this section. 
   (2) Audiometric tests. 
     (i) The employer shall retain all employee audiometric test records obtained pursuant to paragraph (g) of this section: 
     (ii) This record shall include: 
      (A) Name and job classification of the employee; 
      (B) Date of the audiogram; 
      (C) The examiner's name; 
      (D) Date of the last acoustic or exhaustive calibration of the audiometer; and 
      (E) Employee's most recent noise exposure assessment. 
      (F) The employer shall maintain accurate records of the measurements of the background sound pressure levels in audiometric test rooms. 
   (3) Record retention. The employer shall retain records required in this paragraph (m) for at least the following periods. 
     (i) Noise exposure measurement records shall be retained for two years. 
     (ii) Audiometric test records shall be retained for the duration of the affected employee's employment. 
   (4) Access to records. All records required by this section shall be provided upon request to employees, former employees, representatives designated by the individual employee, and the Assistant Secretary. The provisions of 29 CFR 1910.1020 (a)-(e) and (g)-(i) apply to access to records under this section. 
   (5) Transfer of records. If the employer ceases to do business, the employer shall transfer to the successor employer all records required to be maintained by this section, and the successor employer shall retain them for the remainder of the period prescribed in paragraph (m)(3) of this section. 
  (n) Appendices. 
   (1) Appendices A, B, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory. 
   (2) Appendices F and G to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations. 
  (o) Exemptions. Paragraphs (c) through (n) of this section shall not apply to employers engaged in oil and gas well drilling and servicing operations. 
Appendix A to § 1910.95 - Noise Exposure Computation 
This appendix is Mandatory 
I. Computation of Employee Noise Exposure 
(1) Noise dose is computed using Table G-16a as follows: 
(i) When the sound level, L, is constant over the entire work shift, the noise dose, D, in percent, is given by: D = 100 C/T where C is the total length of the work day, in hours, and T is the reference duration corresponding to the measured sound level, L, as given in Table G-16a or by the formula shown as a footnote to that table. 
(ii) When the workshift noise exposure is composed of two or more periods of noise at different levels, the total noise dose over the work day is given by: 
D = 100(C1 / T1 + C2 / T2 + Cn / Tn), 
where Cn indicates the total time of exposure at a specific noise level, and Tn indicates the reference duration for that level as given by Table G-16a. 
(2) The eight-hour time-weighted average sound level (TWA), in decibels, may be computed from the dose, in percent, by means of the formula: TWA = 16.61 log10 (D/100) + 90. For an eight-hour workshift with the noise level constant over the entire shift, the TWA is equal to the measured sound level. 
(3) A table relating dose and TWA is given in Section II. 
Table G-16a 
                     A-weighted sound level, L (decibel) 
                         Reference duration, T (hour) 
80
32 
81
27.9 
82
24.3 
83
21.1 
84
18.4 
85
16 
86
13.9 
87
12.1 
88
10.6 
89
9.2 
90
8 
91
7.0 
92
6.1 
93
5.3 
94
4.6 
95
4 
96
3.5 
97
3.0 
98
2.6 
99
2.3 
100
2 
101
1.7 
102
1.5 
103
1.3 
104
1.1 
105
1 
106
0.87 
107
0.76 
108
0.66 
109
0.57 
110
0.5 
111
0.44 
112
0.38 
113
0.33 
114
0.29 
115
0.25 
116
0.22 
117
0.19 
118
0.16 
119
0.14 
120
0.125 
121
0.11 
122
0.095 
123
0.082 
124
0.072 
125
0.063 
126
0.054 
127
0.047 
128
0.041 
129
0.036 
130
0.031
In the above table the reference duration, T, is computed by 

where L is the measured A-weighted sound level. 
II. Conversion Between "Dose" and "8-Hour Time-Weighted Average" Sound Level 
Compliance with paragraphs (c)-(r) of this regulation is determined by the amount of exposure to noise in the workplace. The amount of such exposure is usually measured with an audiodosimeter which gives a readout in terms of "dose." In order to better understand the requirements of the amendment, dosimeter readings can be converted to an "8-hour time-weighted average sound level." (TWA). 
In order to convert the reading of a dosimeter into TWA, see Table A-1, below. This table applies to dosimeters that are set by the manufacturer to calculate dose or percent exposure according to the relationships in Table G-16a. So, for example, a dose of 91 percent over an eight hour day results in a TWA of 89.3 dB, and, a dose of 50 percent corresponds to a TWA of 85 dB. 
If the dose as read on the dosimeter is less than or greater than the values found in Table A-1, the TWA may be calculated by using the formula: TWA=16.61 log10 (D/100) + 90 where TWA = 8-hour time-weighted average sound level and D = accumulated dose in percent exposure. 
Table A-1 - Conversion From "Percent Noise Exposure" or "Dose" to "8-Hour Time-Weighted Average Sound Level" (TWA) 
                        Dose or percent noise exposure 
                                     TWA 
10
73.4 
15
76.3 
20
78.4 
25
80.0 
30
81.3 
35
82.4 
40
83.4 
45
84.2 
50
85.0 
55
85.7 
60
86.3 
65
86.9 
70
87.4 
75
87.9 
80
88.4 
81
88.5 
82
88.6 
83
88.7 
84
88.7 
85
88.8 
86
88.9 
87
89.0 
88
89.1 
89
89.2 
90
89.2 
91
89.3 
92
89.4 
93
89.5 
94
89.6 
95
89.6 
96
89.7 
97
89.8 
98
89.9 
99
89.9 
100
90.0 
101
90.1 
102
90.1 
103
90.2 
104
90.3 
105
90.4 
106
90.4 
107
90.5 
108
90.6 
109
90.6 
110
90.7 
111
90.8 
112
90.8 
113
90.9 
114
90.9 
115
91.1 
116
91.1 
117
91.1 
118
91.2 
119
91.3 
120
91.3 
125
91.6 
130
91.9 
135
92.2 
140
92.4 
145
92.7 
150
92.9 
155
93.2 
160
93.4 
165
93.6 
170
93.8 
175
94.0 
180
94.2 
185
94.4 
190
94.6 
195
94.8 
200
95.0 
210
95.4 
220
95.7 
230
96.0 
240
96.3 
250
96.6 
260
96.9 
270
97.2 
280
97.4 
290
97.7 
300
97.9 
310
98.2 
320
98.4 
330
98.6 
340
98.8 
350
99.0 
360
99.2 
370
99.4 
380
99.6 
390
99.8 
400
100.0 
410
100.2 
420
100.4 
430
100.5 
440
100.7 
450
100.8 
460
101.0 
470
101.2 
480
101.3 
490
101.5 
500
101.6 
510
101.8 
520
101.9 
530
102.0 
540
102.2 
550
102.3 
560
102.4 
570
102.6 
580
102.7 
590
102.8 
600
102.9 
610
103.0 
620
103.2 
630
103.3 
640
103.4 
650
103.5 
660
103.6 
670
103.7 
680
103.8 
690
103.9 
700
104.0 
710
104.1 
720
104.2 
730
104.3 
740
104.4 
750
104.5 
760
104.6 
770
104.7 
780
104.8 
790
104.9 
800
105.0 
810
105.1 
820
105.2 
830
105.3 
840
105.4 
850
105.4 
860
105.5 
870
105.6 
880
105.7 
890
105.8 
900
105.8 
910
105.9 
920
106.0 
930
106.1 
940
106.2 
950
106.2 
960
106.3 
970
106.4 
980
106.5 
990
106.5 
999
106.6
Appendix B to § 1910.95 - Methods for Estimating the Adequacy of Hearing Protector Attenuation 
This appendix is Mandatory 
For employees who have experienced a significant threshold shift, hearing protector attenuation must be sufficient to reduce employee exposure to a TWA of 85 dB. Employers must select one of the following methods by which to estimate the adequacy of hearing protector attenuation. 
The most convenient method is the Noise Reduction Rating (NRR) developed by the Environmental Protection Agency (EPA). According to EPA regulation, the NRR must be shown on the hearing protector package. The NRR is then related to an individual worker's noise environment in order to assess the adequacy of the attenuation of a given hearing protector. This appendix describes four methods of using the NRR to determine whether a particular hearing protector provides adequate protection within a given exposure environment. Selection among the four procedures is dependent upon the employer's noise measuring instruments. 
Instead of using the NRR, employers may evaluate the adequacy of hearing protector attenuation by using one of the three methods developed by the National Institute for Occupational Safety and Health (NIOSH), which are described in the "List of Personal Hearing Protectors and Attenuation Data," HEW Publication No. 76-120, 1975, pages 21-37. These methods are known as NIOSH methods #1B1, #1B2 and #1B3. The NRR described below is a simplification of NIOSH method #1B2. The most complex method is NIOSH method #1B1, which is probably the most accurate method since it uses the largest amount of spectral information from the individual employee's noise environment. As in the case of the NRR method described below, if one of the NIOSH methods is used, the selected method must be applied to an individual's noise environment to assess the adequacy of the attenuation. Employers should be careful to take a sufficient number of measurements in order to achieve a representative sample for each time segment. 
Note:
The employer must remember that calculated attenuation values reflect realistic values only to the extent that the protectors are properly fitted and worn.
When using the NRR to assess hearing protector adequacy, one of the following methods must be used: 
(i) When using a dosimeter that is capable of C-weighted measurements: 
(A) Obtain the employee's C-weighted dose for the entire workshift, and convert to TWA (see appendix A, II). 
(B) Subtract the NRR from the C-weighted TWA to obtain the estimated A-weighted TWA under the ear protector. 
(ii) When using a dosimeter that is not capable of C-weighted measurements, the following method may be used: 
(A) Convert the A-weighted dose to TWA (see appendix A). 
(B) Subtract 7 dB from the NRR. 
(C) Subtract the remainder from the A-weighted TWA to obtain the estimated A-weighted TWA under the ear protector. 
(iii) When using a sound level meter set to the A-weighting network: 
(A) Obtain the employee's A-weighted TWA. 
(B) Subtract 7 dB from the NRR, and subtract the remainder from the A-weighted TWA to obtain the estimated A-weighted TWA under the ear protector. 
(iv) When using a sound level meter set on the C-weighting network: 
(A) Obtain a representative sample of the C-weighted sound levels in the employee's environment. 
(B) Subtract the NRR from the C-weighted average sound level to obtain the estimated A-weighted TWA under the ear protector. 
(v) When using area monitoring procedures and a sound level meter set to the A-weighing network. 
(A) Obtain a representative sound level for the area in question. 
(B) Subtract 7 dB from the NRR and subtract the remainder from the A-weighted sound level for that area. 
(vi) When using area monitoring procedures and a sound level meter set to the C-weighting network: 
(A) Obtain a representative sound level for the area in question. 
(B) Subtract the NRR from the C-weighted sound level for that area.
Appendix C to § 1910.95 - Audiometric Measuring Instruments 
This appendix is Mandatory 
1. In the event that pulsed-tone audiometers are used, they shall have a tone on-time of at least 200 milliseconds. 
2. Self-recording audiometers shall comply with the following requirements: 
(A) The chart upon which the audiogram is traced shall have lines at positions corresponding to all multiples of 10 dB hearing level within the intensity range spanned by the audiometer. The lines shall be equally spaced and shall be separated by at least 1⁄4 inch. Additional increments are optional. The audiogram pen tracings shall not exceed 2 dB in width. 
(B) It shall be possible to set the stylus manually at the 10-dB increment lines for calibration purposes. 
(C) The slewing rate for the audiometer attenuator shall not be more than 6 dB/sec except that an initial slewing rate greater than 6 dB/sec is permitted at the beginning of each new test frequency, but only until the second subject response. 
(D) The audiometer shall remain at each required test frequency for 30 seconds (+-3 seconds). The audiogram shall be clearly marked at each change of frequency and the actual frequency change of the audiometer shall not deviate from the frequency boundaries marked on the audiogram by more than +-3 seconds. 
(E) It must be possible at each test frequency to place a horizontal line segment parallel to the time axis on the audiogram, such that the audiometric tracing crosses the line segment at least six times at that test frequency. At each test frequency the threshold shall be the average of the midpoints of the tracing excursions.
Appendix D to § 1910.95 - Audiometric Test Rooms 
This appendix is Mandatory 
Rooms used for audiometric testing shall not have background sound pressure levels exceeding those in Table D-1 when measured by equipment conforming at least to the Type 2 requirements of American National Standard Specification for Sound Level Meters, S1.4-1971 (R1976), and to the Class II requirements of American National Standard Specification for Octave, Half-Octave, and Third-Octave Band Filter Sets, S1.11-1971 (R1976). 
Table D-1 - Maximum Allowable Octave-Band Sound Pressure Levels for Audiometric Test Rooms 
Octave-band center frequency (Hz)
500
1000
2000
4000
8000 
Sound pressure level (dB)
40
40
47
57
62
Appendix E to § 1910.95 - Acoustic Calibration of Audiometers 
This appendix is Mandatory 
Audiometer calibration shall be checked acoustically, at least annually, according to the procedures described in this appendix. The equipment necessary to perform these measurements is a sound level meter, octave-band filter set, and a National Bureau of Standards 9A coupler. In making these measurements, the accuracy of the calibrating equipment shall be sufficient to determine that the audiometer is within the tolerances permitted by American Standard Specification for Audiometers, S3.6-1969. 
(1) Sound Pressure Output Check 
A. Place the earphone coupler over the microphone of the sound level meter and place the earphone on the coupler. 
B. Set the audiometer's hearing threshold level (HTL) dial to 70 dB. 
C. Measure the sound pressure level of the tones at each test frequency from 500 Hz through 6000 Hz for each earphone. 
D. At each frequency the readout on the sound level meter should correspond to the levels in Table E-1 or Table E-2, as appropriate, for the type of earphone, in the column entitled "sound level meter reading." 
(2) Linearity Check 
A. With the earphone in place, set the frequency to 1000 Hz and the HTL dial on the audiometer to 70 dB. 
B. Measure the sound levels in the coupler at each 10-dB decrement from 70 dB to 10 dB, noting the sound level meter reading at each setting. 
C. For each 10-dB decrement on the audiometer the sound level meter should indicate a corresponding 10 dB decrease. 
D. This measurement may be made electrically with a voltmeter connected to the earphone terminals. 
(3) Tolerances 
When any of the measured sound levels deviate from the levels in Table E-1 or Table E-2 by +-3 dB at any test frequency between 500 and 3000 Hz, 4 dB at 4000 Hz, or 5 dB at 6000 Hz, an exhaustive calibration is advised. An exhaustive calibration is required if the deviations are greater than 15 dB or greater at any test frequency. 
Table E-1 - Reference Threshold Levels for Telephonics - TDH-39 Earphones 
                                Frequency, Hz 
              Reference threshold level for TDH-39 earphones, dB 
                        Sound level meter reading, dB 
500
11.5
81.5 
1000
7
77 
2000
9
79 
3000
10
80 
4000
9.5
79.5 
6000
15.5
85.5
Table E-2 - Reference Threshold Levels for Telephonics - TDH-49 Earphones 
                                Frequency, Hz 
              Reference threshold level for TDH-49 earphones, dB 
                        Sound level meter reading, dB 
500
13.5
83.5 
1000
7.5
77.5 
2000
11
81.0 
3000
9.5
79.5 
4000
10.5
80.5 
6000
13.5
83.5
Appendix F to § 1910.95 - Calculations and Application of Age Corrections to Audiograms 
This appendix Is Non-Mandatory 
In determining whether a standard threshold shift has occurred, allowance may be made for the contribution of aging to the change in hearing level by adjusting the most recent audiogram. If the employer chooses to adjust the audiogram, the employer shall follow the procedure described below. This procedure and the age correction tables were developed by the National Institute for Occupational Safety and Health in the criteria document entitled "Criteria for a Recommended Standard . . . Occupational Exposure to Noise," ((HSM)-11001). 
For each audiometric test frequency; 
(i) Determine from Tables F-1 or F-2 the age correction values for the employee by: 
(A) Finding the age at which the most recent audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz; 
(B) Finding the age at which the baseline audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz. 
(ii) Subtract the values found in step (i)(B) from the value found in step (i)(A). 
(iii) The differences calculated in step (ii) represented that portion of the change in hearing that may be due to aging. 
Example:
Employee is a 32-year-old male. The audiometric history for his right ear is shown in decibels below. 
                                Employee's age 
                       Audiometric test frequency (Hz) 

                                     1000 
                                     2000 
                                     3000 
                                     4000 
                                     6000 
26
10
5
5
10
5 
*27
0
0
0
5
5 
28
0
0
0
10
5 
29
5
0
5
15
5 
30
0
5
10
20
10 
31
5
10
20
15
15 
*32
5
10
10
25
20
The audiogram at age 27 is considered the baseline since it shows the best hearing threshold levels. Asterisks have been used to identify the baseline and most recent audiogram. A threshold shift of 20 dB exists at 4000 Hz between the audiograms taken at ages 27 and 32. 
(The threshold shift is computed by subtracting the hearing threshold at age 27, which was 5, from the hearing threshold at age 32, which is 25). A retest audiogram has confirmed this shift. The contribution of aging to this change in hearing may be estimated in the following manner: 
Go to Table F-1 and find the age correction values (in dB) for 4000 Hz at age 27 and age 32. 

                                Frequency (Hz) 

                                     1000 
                                     2000 
                                     3000 
                                     4000 
                                     6000 
Age 32
6
5
7
10
14 
Age 27
5
4
6
7
11 
Difference
1
1
1
3
3
The difference represents the amount of hearing loss that may be attributed to aging in the time period between the baseline audiogram and the most recent audiogram. In this example, the difference at 4000 Hz is 3 dB. This value is subtracted from the hearing level at 4000 Hz, which in the most recent audiogram is 25, yielding 22 after adjustment. Then the hearing threshold in the baseline audiogram at 4000 Hz (5) is subtracted from the adjusted annual audiogram hearing threshold at 4000 Hz (22). Thus the age-corrected threshold shift would be 17 dB (as opposed to a threshold shift of 20 dB without age correction). 
Table F-1 - Age Correction Values in Decibels for Males 
                                    Years 
                      Audiometric Test Frequencies (Hz) 

                                     1000 
                                     2000 
                                     3000 
                                     4000 
                                     6000 
20 or younger
5
3
4
5
8 
21
5
3
4
5
8 
22
5
3
4
5
8 
23
5
3
4
6
9 
24
5
3
5
6
9 
25
5
3
5
7
10 
26
5
4
5
7
10 
27
5
4
6
7
11 
28
6
4
6
8
11 
29
6
4
6
8
12 
30
6
4
6
9
12 
31
6
4
7
9
13 
32
6
5
7
10
14 
33
6
5
7
10
14 
34
6
5
8
11
15 
35
7
5
8
11
15 
36
7
5
9
12
16 
37
7
6
9
12
17 
38
7
6
9
13
17 
39
7
6
10
14
18 
40
7
6
10
14
19 
41
7
6
10
14
20 
42
8
7
11
16
20 
43
8
7
12
16
21 
44
8
7
12
17
22 
45
8
7
13
18
23 
46
8
8
13
19
24 
47
8
8
14
19
24 
48
9
8
14
20
25 
49
9
9
15
21
26 
50
9
9
16
22
27 
51
9
9
16
23
28 
52
9
10
17
24
29 
53
9
10
18
25
30 
54
10
10
18
26
31 
55
10
11
19
27
32 
56
10
11
20
28
34 
57
10
11
21
29
35 
58
10
12
22
31
36 
59
11
12
22
32
37 
60 or older
11
13
23
33
38
Table F-2 - Age Correction Values in Decibels for Females 
                                    Years 
                      Audiometric Test Frequencies (Hz) 

                                     1000 
                                     2000 
                                     3000 
                                     4000 
                                     6000 
20 or younger
7
4
3
3
6 
21
7
4
4
3
6 
22
7
4
4
4
6 
23
7
5
4
4
7 
24
7
5
4
4
7 
25
8
5
4
4
7 
26
8
5
5
4
8 
27
8
5
5
5
8 
28
8
5
5
5
8 
29
8
5
5
5
9 
30
8
6
5
5
9 
31
8
6
6
5
9 
32
9
6
6
6
10 
33
9
6
6
6
10 
34
9
6
6
6
10 
35
9
6
7
7
11 
36
9
7
7
7
11 
37
9
7
7
7
12 
38
10
7
7
7
12 
39
10
7
8
8
12 
40
10
7
8
8
13 
41
10
8
8
8
13 
42
10
8
9
9
13 
43
11
8
9
9
14 
44
11
8
9
9
14 
45
11
8
10
10
15 
46
11
9
10
10
15 
47
11
9
10
11
16 
48
12
9
11
11
16 
49
12
9
11
11
16 
50
12
10
11
12
17 
51
12
10
12
12
17 
52
12
10
12
13
18 
53
13
10
13
13
18 
54
13
11
13
14
19 
55
13
11
14
14
19 
56
13
11
14
15
20 
57
13
11
15
15
20 
58
14
12
15
16
21 
59
14
12
16
16
21 
60 or older
14
12
16
17
22
Appendix G to § 1910.95 - Monitoring Noise Levels Non-Mandatory Informational Appendix 
This appendix provides information to help employers comply with the noise monitoring obligations that are part of the hearing conservation amendment. 
What is the purpose of noise monitoring? 
This revised amendment requires that employees be placed in a hearing conservation program if they are exposed to average noise levels of 85 dB or greater during an 8 hour workday. In order to determine if exposures are at or above this level, it may be necessary to measure or monitor the actual noise levels in the workplace and to estimate the noise exposure or "dose" received by employees during the workday. 
When is it necessary to implement a noise monitoring program? 
It is not necessary for every employer to measure workplace noise. Noise monitoring or measuring must be conducted only when exposures are at or above 85 dB. Factors which suggest that noise exposures in the workplace may be at this level include employee complaints about the loudness of noise, indications that employees are losing their hearing, or noisy conditions which make normal conversation difficult. The employer should also consider any information available regarding noise emitted from specific machines. In addition, actual workplace noise measurements can suggest whether or not a monitoring program should be initiated. 
How is noise measured? 
Basically, there are two different instruments to measure noise exposures: the sound level meter and the dosimeter. A sound level meter is a device that measures the intensity of sound at a given moment. Since sound level meters provide a measure of sound intensity at only one point in time, it is generally necessary to take a number of measurements at different times during the day to estimate noise exposure over a workday. If noise levels fluctuate, the amount of time noise remains at each of the various measured levels must be determined. 
To estimate employee noise exposures with a sound level meter it is also generally necessary to take several measurements at different locations within the workplace. After appropriate sound level meter readings are obtained, people sometimes draw "maps" of the sound levels within different areas of the workplace. By using a sound level "map" and information on employee locations throughout the day, estimates of individual exposure levels can be developed. This measurement method is generally referred to as area noise monitoring. 
A dosimeter is like a sound level meter except that it stores sound level measurements and integrates these measurements over time, providing an average noise exposure reading for a given period of time, such as an 8-hour workday. With a dosimeter, a microphone is attached to the employee's clothing and the exposure measurement is simply read at the end of the desired time period. A reader may be used to read-out the dosimeter's measurements. Since the dosimeter is worn by the employee, it measures noise levels in those locations in which the employee travels. A sound level meter can also be positioned within the immediate vicinity of the exposed worker to obtain an individual exposure estimate. Such procedures are generally referred to as personal noise monitoring. 
Area monitoring can be used to estimate noise exposure when the noise levels are relatively constant and employees are not mobile. In workplaces where employees move about in different areas or where the noise intensity tends to fluctuate over time, noise exposure is generally more accurately estimated by the personal monitoring approach. 
In situations where personal monitoring is appropriate, proper positioning of the microphone is necessary to obtain accurate measurements. With a dosimeter, the microphone is generally located on the shoulder and remains in that position for the entire workday. With a sound level meter, the microphone is stationed near the employee's head, and the instrument is usually held by an individual who follows the employee as he or she moves about. 
Manufacturer's instructions, contained in dosimeter and sound level meter operating manuals, should be followed for calibration and maintenance. To ensure accurate results, it is considered good professional practice to calibrate instruments before and after each use. 
How often is it necessary to monitor noise levels? 
The amendment requires that when there are significant changes in machinery or production processes that may result in increased noise levels, remonitoring must be conducted to determine whether additional employees need to be included in the hearing conservation program. Many companies choose to remonitor periodically (once every year or two) to ensure that all exposed employees are included in their hearing conservation programs. 
Where can equipment and technical advice be obtained? 
Noise monitoring equipment may be either purchased or rented. Sound level meters cost about $500 to $1,000, while dosimeters range in price from about $750 to $1,500. Smaller companies may find it more economical to rent equipment rather than to purchase it. Names of equipment suppliers may be found in the telephone book (Yellow Pages) under headings such as: "Safety Equipment," "Industrial Hygiene," or "Engineers-Acoustical." In addition to providing information on obtaining noise monitoring equipment, many companies and individuals included under such listings can provide professional advice on how to conduct a valid noise monitoring program. Some audiological testing firms and industrial hygiene firms also provide noise monitoring services. Universities with audiology, industrial hygiene, or acoustical engineering departments may also provide information or may be able to help employers meet their obligations under this amendment. 
Free, on-site assistance may be obtained from OSHA-supported state and private consultation organizations. These safety and health consultative entities generally give priority to the needs of small businesses.
Appendix H to § 1910.95 - Availability of Referenced Documents 
Paragraphs (c) through (o) of 29 CFR 1910.95 and the accompanying appendices contain provisions which incorporate publications by reference. Generally, the publications provide criteria for instruments to be used in monitoring and audiometric testing. These criteria are intended to be mandatory when so indicated in the applicable paragraphs of § 1910.95 and appendices. 
It should be noted that OSHA does not require that employers purchase a copy of the referenced publications. Employers, however, may desire to obtain a copy of the referenced publications for their own information. 
The designation of the paragraph of the standard in which the referenced publications appear, the titles of the publications, and the availability of the publications are as follows: 
                            Paragraph designation 
                            Referenced publication 
                               Available from - 
Appendix B
"List of Personal Hearing Protectors and Attenuation Data," HEW Pub. No. 76-120, 1975. NTIS-PB267461
National Technical Information Service, Port Royal Road, Springfield, VA 22161. 
Appendix D
"Specification for Sound Level Meters," S1.4-1971 (R1976)
American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. 
§ 1910.95(k)(2), appendix E
"Specifications for Audiometers," S3.6-1969
American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. 
Appendix D
"Specification for Octave, Half-Octave and Third-Octave Band Filter Sets," S1.11-1971 (R1976)
Back Numbers Department, Dept. STD, American Institute of Physics, 333 E. 45th St., New York, NY 10017; American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018.
The referenced publications (or a microfiche of the publications) are available for review at many universities and public libraries throughout the country. These publications may also be examined at the OSHA Technical Data Center, Room N2439, United States Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, (202) 219-7500 or at any OSHA Regional Office (see telephone directories under United States Government - Labor Department).
Appendix I to § 1910.95 - Definitions 
These definitions apply to the following terms as used in paragraphs (c) through (n) of 29 CFR 1910.95. 
Action level - An 8-hour time-weighted average of 85 decibels measured on the A-scale, slow response, or equivalently, a dose of fifty percent. 
Audiogram - A chart, graph, or table resulting from an audiometric test showing an individual's hearing threshold levels as a function of frequency. 
Audiologist - A professional, specializing in the study and rehabilitation of hearing, who is certified by the American Speech-Language-Hearing Association or licensed by a state board of examiners. 
Baseline audiogram - The audiogram against which future audiograms are compared. 
Criterion sound level - A sound level of 90 decibels. 
Decibel (dB) - Unit of measurement of sound level. 
Hertz (Hz) - Unit of measurement of frequency, numerically equal to cycles per second. 
Medical pathology - A disorder or disease. For purposes of this regulation, a condition or disease affecting the ear, which should be treated by a physician specialist. 
Noise dose - The ratio, expressed as a percentage, of (1) the time integral, over a stated time or event, of the 0.6 power of the measured SLOW exponential time-averaged, squared A-weighted sound pressure and (2) the product of the criterion duration (8 hours) and the 0.6 power of the squared sound pressure corresponding to the criterion sound level (90 dB). 
Noise dosimeter - An instrument that integrates a function of sound pressure over a period of time in such a manner that it directly indicates a noise dose. 
Otolaryngologist - A physician specializing in diagnosis and treatment of disorders of the ear, nose and throat. 
Representative exposure - Measurements of an employee's noise dose or 8-hour time-weighted average sound level that the employers deem to be representative of the exposures of other employees in the workplace. 
Sound level - Ten times the common logarithm of the ratio of the square of the measured A-weighted sound pressure to the square of the standard reference pressure of 20 micropascals. Unit: decibels (dB). For use with this regulation, SLOW time response, in accordance with ANSI S1.4-1971 (R1976), is required. 
Sound level meter - An instrument for the measurement of sound level. 
Time-weighted average sound level - That sound level, which if constant over an 8-hour exposure, would result in the same noise dose as is measured.
[39 FR 23502, June 27, 1974, as amended at 46 FR 4161, Jan. 16, 1981; 46 FR 62845, Dec. 29, 1981; 48 FR 9776, Mar. 8, 1983; 48 FR 29687, June 28, 1983; 54 FR 24333, June 7, 1989; 61 FR 9236, Mar. 7, 1996; 71 FR 16672, Apr. 3, 2006; 73 FR 75584, Dec. 12, 2008]

                                       
