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MSHA HEARING CONSERVATION REGULATIONS
List
of Subjects 30
CFR Parts 56 and 57 Metal and nonmetal, Mine safety and
health, Noise. 30
CFR Part 62 Mine safety and health, Noise. 30
CFR Parts 70 and 71 Coal, mine safety and health, Noise. Accordingly,
Chapter I of Title 30 of the Code of Federal Regulations is amended as
follows: PART
56—[AMENDED] 1.
The authority citation for part 56 continues to read as follows: Authority:
30 U.S.C. 811. 2.
Section 56.5050 and the undesignated center heading preceding it are
removed. PART 57—[AMENDED] 3.
The authority citation for part 57 continues to read as follows: Authority:
30 U.S.C. 811. 4.
Section 57.5050 and the undesignated center heading preceding it are
removed. PART
70—[AMENDED] 5.
The authority citation for part 70 continues to read as follows: Authority:
30 U.S.C. 811 and 961. 6.
Subpart F (§§ 70.500 through 70.511) is removed. PART 71—[AMENDED] 7.
The authority citation for part 71 continues to read as follows: Authority:
30 U.S.C. 811, 951, 957, 961. 8.
Subpart I (§§ 71.800 through 71.805) is removed. 9.
Subchapter M is redesignated as Subchapter I, Subchapter N is
redesignated as Subchapter K, and Subchapter N is reserved. 10.
A new Subchapter M is added, "Uniform Mine Health
Regulations." 11.
A new part 62 is added to new Subchapter M to read as follows: PART 62—OCCUPATIONAL NOISE
EXPOSURE Sec. 62.100
Purpose and Scope; effective date 62.101
Definitions 62.110
Noise exposure assessment 62.120
Action level 62.130
Permissible exposure level 62.140
Dual hearing protection level 62.150
Hearing conservation program 62.160
Hearing protectors 62.170
Audiometric testing 62.171
Audiometric test procedures 62.172
Evaluation of audiograms 62.173
Follow-up evaluation when an audiogram is
invalid 62.174
Follow-up corrective measures when a standard
threshold
shift is detected 62.175
Notification of results; reporting requirements 62.180
Training 62.190
Records 12.
The authority citation for part 62 reads as follows: Authority: 30 U.S.C. 811. § 62.100
Purpose and scope; effective date. The
purpose of these standards is to prevent the occurrence and reduce the
progression of occupational noise-induced hearing loss among miners. This part sets forth mandatory health standards for each
surface and underground metal, nonmetal, and coal mine subject to the Federal
Mine Safety and Health Act of 1977. The
provisions of this part become effective [Insert date one year after date of
publication in the FEDERAL REGISTER]. § 62.101
Definitions. The
following definitions apply in this part: Access.
The right to examine and copy records. Action
level.
An 8-hour time-weighted average sound level (TWA8) of 85 dBA,
or equivalently a dose of 50%, integrating all sound levels from 80 dBA to at
least 130 dBA. Audiologist.
A professional, specializing in the study and rehabilitation of
hearing, who is certified by the American Speech-Language-Hearing Association
(ASHA) or licensed by a state board of examiners. Baseline
audiogram.
The audiogram recorded in accordance with § 62.170(a) of this
part against which subsequent audiograms are compared to determine the extent
of hearing loss. Criterion
level.
The sound level which if constantly applied for 8 hours results in a
dose of 100% of that permitted by the standard. Decibel
(dB).
A unit of measure of sound pressure levels, defined in one of two ways,
depending upon the use: (1)
For measuring sound pressure levels, the decibel is 20 times the common
logarithm of the ratio of the measured sound pressure to the standard
reference sound pressure of 20 micropascals (μPa), which is the threshold of
normal hearing sensitivity at 1000 Hertz (Hz). (2)
For measuring hearing threshold levels, the decibel is the difference
between audiometric zero (reference pressure equal to 0 hearing threshold
level) and the threshold of hearing of the individual being tested at each
test frequency. Dual
Hearing Protection Level. A
TWA8 of 105 dBA, or equivalently, a dose of 800% of that permitted
by the standard, integrating all sound levels from 90 dBA to at least 140 dBA. Exchange
rate.
The amount of increase in sound level, in decibels, which would require
halving of the allowable exposure time to maintain the same noise dose.
For the purposes of this part, the exchange rate is 5 decibels (5 dB). Hearing
protector.
Any device or material, capable of being worn on the head or in the ear
canal, sold wholly or in part on the basis of its ability to reduce the level
of sound entering the ear, and which has a scientifically accepted indicator
of noise reduction value. Hertz
(Hz).
Unit of measurement of frequency numerically equal to cycles per
second. Medical
pathology.
A condition or disease affecting the ear. Miner’s
designee.
Any individual or organization to whom a miner gives written
authorization to exercise a right of access to records. Qualified
technician. A
technician who has been certified by the Council for Accreditation in
Occupational Hearing Conservation (CAOHC), or by another recognized
organization offering equivalent certification. Permissible
exposure level. A
TWA8 of 90 dBA or equivalently a dose of 100% of that permitted by
the standard, integrating all sound levels from 90 dBA to at least 140 dBA. Reportable
hearing loss.
A change in hearing sensitivity for the worse, relative to the miner's
baseline audiogram, or the miner’s revised baseline audiogram where one has
been established in accordance with § 62.170(c)(2), of an average of 25
dB or more at 2000, 3000, and 4000 Hz in either ear. Revised
baseline audiogram. An
annual audiogram designated to be used in lieu of a miner's original baseline
audiogram in measuring changes in hearing sensitivity as a result of the
circumstances set forth in §§ 62.170(c)(1) or 62.170(c)(2) of this
part. Sound
level.
The sound pressure level in decibels measured using the A-weighting
network and a slow response, expressed in the unit dBA.
Standard
threshold shift.
A change in hearing sensitivity for the worse relative to the
miner's baseline audiogram, or relative to the most recent revised baseline
audiogram where one has been established, of an average of 10 dB or more at
2000, 3000, and 4000 Hz in either ear. Time-weighted
average—8 hour (TWA8).
The sound level which, if constant over 8 hours, would result in the
same noise dose as is measured. § 62.110
Noise exposure assessment. (a)
The mine operator must establish a system of monitoring that evaluates
each miner’s noise exposure sufficiently to determine continuing compliance
with this part. (b)
The mine operator must determine a miner's noise dose (D, in percent)
by using a noise dosimeter or by computing the formula: D = 100(C1/T1
+ C2/T2 + .... + Cn/Tn), where Cn
is the total time the miner is exposed at a specified sound level, and Tn
is the reference duration of exposure at that sound level shown in Table
62‑1. (1)
The mine operator must use Table 62-2 when converting from dose
readings to equivalent TWA8 readings. (2)
A miner's noise dose determination must: (i)
be made without adjustment for the use of any hearing protector; (ii)
integrate all sound levels over the appropriate range; (iii)
reflect the miner's full work shift; (iv)
use a 90-dB criterion level and a 5-dB exchange rate; and (v)
use the A‑weighting and slow response instrument settings. (c)
Observation of monitoring.
The mine operator must provide affected miners and their
representatives with an opportunity to observe noise exposure monitoring
required by this section and must give prior notice of the date and time of
intended exposure monitoring to affected miners and their representatives. (d)
Miner notification. The
mine operator must notify a miner of his or her exposure when the miner's
exposure is determined to equal or exceed the action level, exceed the
permissible exposure level, or exceed the dual hearing protection level,
provided the mine operator has not notified the miner of an exposure at such
level within the prior 12 months. The mine operator must base the notification on an exposure
evaluation conducted either by the mine operator or by an authorized
representative of the Secretary of Labor.
The mine operator must notify the miner in writing within 15 calendar
days of: (1)
the exposure determination; and (2)
the corrective action being taken. (e)
The mine operator must maintain a copy of any such miner notification,
or a list on which the relevant information about that miner's notice is
recorded, for the duration of the affected miner's exposure at or above the
action level and for at least 6 months thereafter. § 62.120
Action level. If
during any work shift a miner’s noise exposure equals or exceeds the action
level the mine operator must enroll the miner in a hearing conservation
program that complies with § 62.150 of this part. § 62.130
Permissible exposure level. (a)
The mine operator must assure that no miner is exposed during any work
shift to noise that exceeds the permissible exposure level.
If during any work shift a miner’s noise exposure exceeds the
permissible exposure level, the mine operator must use all feasible
engineering and administrative controls to reduce the miner's noise exposure
to the permissible exposure level, and enroll the miner in a hearing
conservation program that complies with § 62.150 of this part.
When a mine operator uses administrative controls to reduce a miner's
exposure, the mine operator must post the procedures for such controls on the
mine bulletin board and provide a copy to the affected miner. (b)
If a miner’s noise exposure continues to exceed the permissible
exposure level despite the use of all feasible engineering and administrative
controls, the mine operator must continue to use the engineering and
administrative controls to reduce the miner's noise exposure to as low a level
as is feasible. (c)
The mine operator must assure that no miner is
exposed at any time to sound levels exceeding 115 dBA, as determined
without adjustment for the use of any hearing protector. § 62.140
Dual hearing protection level. If
during any work shift a miner's noise exposure exceeds the dual hearing
protection level, the mine operator must, in addition to the actions required
for noise exposures that exceed the permissible exposure level, provide and
ensure the concurrent use of both an ear plug and an ear muff type hearing
protector. The following table
sets out mine operator actions under MSHA’s noise standard.
§ 62.150
Hearing conservation program. A
hearing conservation program established under this part must include: (a)
a system of monitoring under § 62.110 of this part; (b)
the provision and use of hearing protectors under § 62.160 of
this part; (c)
audiometric testing under §§ 62.170 through 62.175 of this part;
(d)
training under § 62.180 of this part; and (e)
recordkeeping under § 62.190 of this part. § 62.160 Hearing protectors. (a)
A mine operator must provide a hearing protector to a miner whose noise
exposure equals or exceeds the action level under § 62.120 of this part.
In addition, the mine operator must: (1)
train the miner in accordance with § 62.180 of this part; (2)
allow the miner to choose a hearing protector from at least two muff
types and two plug types, and in the event dual hearing protectors are
required, to choose one of each type; (3)
ensure that the hearing protector is in good condition and is fitted
and maintained in accordance with the manufacturer's instructions; (4)
provide the hearing protector and necessary replacements at no cost to
the miner; and (5)
allow the miner to choose a different hearing protector(s), if wearing
the selected hearing protector(s) is subsequently precluded due to medical
pathology of the ear. (b)
The mine operator must ensure, after satisfying the requirements of
paragraph (a) of this section, that a miner wears a hearing protector whenever
the miner’s noise exposure exceeds the permissible exposure level before the
implementation of engineering and administrative controls, or if the miner’s
noise exposure continues to exceed the permissible exposure level despite the
use of all feasible engineering and administrative controls. (c)
The mine operator must ensure, after satisfying the requirements of
paragraph (a) of this section, that a miner wears a hearing protector when the
miner’s noise exposure is at or above the action level, if: (1)
the miner has incurred a standard threshold shift; or (2)
more than 6 months will pass before the miner can take a baseline
audiogram. § 62.170
Audiometric testing. The
mine operator must provide audiometric tests to satisfy the requirements of
this part at no cost to the miner. A
physician or an audiologist, or a qualified technician under the direction or
supervision of a physician or an audiologist must conduct the tests. (a)
Baseline audiogram. The
mine operator must offer miners
the opportunity for audiometric testing of the miner's hearing sensitivity for
the purpose of establishing a valid baseline audiogram to compare with
subsequent annual audiograms. The
mine operator may use an existing audiogram of the miner's hearing sensitivity
as the baseline audiogram if it meets the audiometric testing requirements of
§ 62.171 of this part. (1)
The mine operator must offer and provide within 6 months of enrolling
the miner in a hearing conservation program, audiometric testing which results
in a valid baseline audiogram, or offer and provide the testing within 12
months where the operator uses mobile test vans to do the testing. (2)
The mine operator must notify the miner to avoid high levels of noise
for at least 14 hours immediately preceding the baseline audiogram.
The mine operator must not expose the miner to workplace noise for the
14-hour quiet period before conducting the audiometric testing to determine a
baseline audiogram. The operator
may substitute the use of hearing protectors for this quiet period. (3)
The mine operator must not establish a new
baseline audiogram or a new revised baseline audiogram, where one has
been established, due to changes in enrollment status in the hearing
conservation program. The mine
operator may establish a new baseline or revised baseline audiogram for a
miner who is away from the mine for more than 6 consecutive months. (b)
Annual audiogram. After
the baseline audiogram is established, the mine operator must continue to
offer subsequent audiometric tests at intervals not exceeding 12 months for as
long as the miner remains in the hearing conservation program. (c)
Revised baseline audiogram.
An annual audiogram must be deemed to be a revised baseline audiogram
when, in the judgment of the physician or audiologist: (1)
a standard threshold shift revealed by the audiogram is permanent; or (2)
the hearing threshold shown in the annual audiogram indicates
significant improvement over the baseline audiogram. § 62.171
Audiometric test procedures. (a)
All audiometric testing under this part must be conducted in accordance
with scientifically validated procedures.
Audiometric tests must be pure tone, air conduction, hearing threshold
examinations, with test frequencies including 500, 1000, 2000, 3000, 4000, and
6000 Hz. Each ear must be tested
separately. (b)
The mine operator must compile an audiometric test record for each
miner tested. The record must
include: (1)
name and job classification of the miner tested; (2)
a copy of all of the miner's audiograms conducted under this part; (3)
evidence that the audiograms were conducted in accordance with
paragraph (a) of this section; (4)
any exposure determination for the miner conducted in accordance with
§ 62.110 of this part; and (5)
the results of follow-up examination(s), if any. (c)
The operator must maintain audiometric test records for the duration of
the affected miner's employment, plus at least 6 months, and make the
records available for inspection by an authorized representative of the
Secretary of Labor. § 62.172
Evaluation of audiograms. (a)
The mine operator must: (1)
inform persons evaluating audiograms of the requirements of this part
and provide those persons with a copy of the miner's audiometric test records;
(2)
have a physician or an audiologist, or a qualified technician who is
under the direction or supervision of a physician or audiologist: (i)
determine if the audiogram is valid; and (ii)
determine if a standard threshold shift or a reportable hearing loss,
as defined in this part, has occurred. (3)
instruct the physician, audiologist, or qualified technician not to
reveal to the mine operator, without the written consent of the miner, any
specific findings or diagnoses unrelated to the miner's hearing loss due to
occupational noise or the wearing of hearing protectors; and (4)
obtain the results and the interpretation of the results of audiograms
conducted under this part within 30 calendar days of conducting the audiogram. (b)(1)
The mine operator must provide an audiometric retest within 30 calendar
days of receiving a determination that an audiogram is invalid, provided any
medical pathology has improved to the point that a valid audiogram may be
obtained. (2)
If an annual audiogram demonstrates that the miner has incurred a
standard threshold shift or reportable hearing loss, the mine operator may
provide one retest within 30 calendar days of receiving the results of the
audiogram and may use the results of the retest as the annual audiogram. (c)
In determining whether a standard threshold shift or reportable hearing
loss has occurred, allowance may be made for the contribution of aging
(presbycusis) to the change in hearing level.
The baseline, or the revised baseline as appropriate, and the annual
audiograms used in making the determination should be adjusted according to
the following procedure: (1)
Determine from Tables 62-3 or 62-4 the age correction values for the
miner by: (i)
Finding the age at which the baseline audiogram or revised baseline
audiogram, as appropriate, was taken, and recording the corresponding values
of age corrections at 2000, 3000, and 4000 Hz; (ii)
Finding the age at which the most recent annual audiogram was obtained
and recording the corresponding values of age corrections at 2000, 3000, and 4000 Hz;
and (iii)
Subtracting the values determined in paragraph (c)(1)(i) of this
section from the values determined in paragraph (c)(1)(ii) of this section.
The differences calculated represent that portion of the change in
hearing that may be due to aging. (2)
Subtract the values determined in paragraph (c)(1)(iii) of this section
from the hearing threshold levels found in the annual audiogram to obtain the
adjusted annual audiogram hearing threshold levels. (3)
Subtract the hearing threshold levels in the baseline audiogram or
revised baseline audiogram from the adjusted annual audiogram hearing
threshold levels determined in paragraph (c)(2) of this section to obtain the
age-corrected threshold shifts. § 62.173
Follow-up evaluation when an audiogram is invalid. (a)
If a valid audiogram cannot be obtained due to a suspected medical
pathology of the ear that the physician or audiologist believes was caused or
aggravated by the miner's occupational exposure to noise or the wearing of
hearing protectors, the mine operator must refer the miner for a
clinical-audiological evaluation or an otological examination, as appropriate,
at no cost to the miner. (b)
If a valid audiogram cannot be obtained due to a suspected medical pathology
of the ear that the physician or audiologist concludes is unrelated to the
miner's occupational exposure to noise or the wearing of hearing protectors,
the mine operator must instruct the physician or audiologist to inform the
miner of the need for an otological examination. (c)
The mine operator must instruct the physician, audiologist, or
qualified technician not to reveal to the mine operator, without the written
consent of the miner, any specific findings or diagnoses unrelated to the
miner's occupational exposure to noise or the wearing of hearing protectors. § 62.174
Follow-up corrective measures when a standard threshold shift is
detected. The
mine operator must, within 30 calendar days of receiving evidence or
confirmation of a standard threshold shift, unless a physician or audiologist
determines the standard threshold shift is neither work-related nor aggravated
by occupational noise exposure: (a)
retrain the miner, including the instruction required by § 62.180
of this part; (b)
provide the miner with the opportunity to select a hearing protector,
or a different hearing protector if the miner has previously selected a
hearing protector, from among those offered by the mine operator in accordance
with § 62.160 of this part; and (c)
review the effectiveness of any engineering and administrative controls
to identify and correct any deficiencies. § 62.175
Notification of Results; reporting requirements. (a)
The mine operator must, within 10 working days of receiving the results
of an audiogram, or receiving the results of a follow-up evaluation required
under § 62.173 of this part, notify the miner in writing of: (1)
the results and interpretation of the audiometric test, including any
finding of a standard threshold shift or reportable hearing loss; and (2)
the need and reasons for any further testing or evaluation, if
applicable. (b)
When evaluation of the audiogram shows that a miner has incurred a
reportable hearing loss as defined in this part, the mine operator must report
such loss to MSHA as a noise-induced hearing loss in accordance with part 50
of this title, unless a physician or audiologist has determined that the loss
is neither work-related nor aggravated by occupational noise exposure. § 62.180
Training. (a)
The mine operator must, within 30 days of a miner’s enrollment into a
hearing conservation program, provide the miner with training.
The mine operator must give training every 12 months thereafter if the
miner’s noise exposure continues to equal or exceed the action level.
Training must include: (1)
the effects of noise on hearing; (2)
the purpose and value of wearing hearing protectors; (3)
the advantages and disadvantages of the hearing protectors to be
offered; (4)
the various types of hearing protectors offered by the mine operator
and the care, fitting, and use of each type; (5)
the general requirements of this part; (6)
the mine operator's and miner's respective tasks in maintaining mine
noise controls; and (7)
the purpose and value of audiometric testing and a summary of the
procedures. (b)
The mine operator must certify the date and type of training given each
miner, and maintain the miner's most recent certification for as long as the
miner is enrolled in the hearing conservation program and for at least 6
months thereafter. § 62.190
Records. (a)
The authorized representatives of the Secretaries of Labor and Health
and Human Services must have access to all records required under this part.
Upon written request, the mine operator must provide, within 15
calendar days of the request, access to records to: (1)
the miner, or with the miner's written consent, the miner's designee,
for all records that the mine operator must maintain for that individual miner
under this part; (2)
any representative of miners designated under part 40 of this title, to
training certifications compiled under § 62.180(b) of this part and to
any notice of exposure determination under § 62.110(d) of this part, for
the miners whom he or she represents; and (3)
any former miner, for records which indicate his or her own exposure. (b)
When a person with access to records under paragraphs (a)(1), (a)(2),
or (a)(3) of this section requests a copy of a record, the mine operator must
provide the first copy of such record at no cost to that person, and any
additional copies requested by that person at reasonable cost. (c)
Transfer of records. (1)
The mine operator must transfer all records required to be maintained
by this part, or a copy thereof, to a successor mine operator who must
maintain the records for the time period required by this part. (2)
The successor mine operator must use the baseline audiogram, or revised
baseline audiogram, as appropriate, obtained by the original mine operator to
determine the existence of a standard threshold shift or reportable hearing
loss. Appendix to part 62 Table 62-1. Reference Duration
At no time shall any
excursion exceed 115 dBA.
For any value, the reference duration (T) in hours is computed by:
T = 8/2(L-90)5
where L is the measured A-weighted, slow-response sound pressure level. Table
62-2. “Dose”/TWA8
Equivalent
Interpolate between the
values found in this Table, or extend the
Table, by using the formula: TWA8 = 16.61 log10
(D/100) + 90. Table
62-3. Age Correction Value in Deci- bels
for Males (Selected Frequencies)
Table
62-4. Age Correction Value in Deci- bels for Females (Selected Frequencies)
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