30 CFR Part 62:30 CFR Part 62:Health Standards for Health Standards for Occupational Noise ExposureOccupational Noise Exposure

Final RuleFinal Rule

Federal Register/Vol. 64, No. 176Federal Register/Vol. 64, No. 176

September 13, 1999September 13, 1999

Reasons for New RuleReasons for New Rule

M Current standards are over 25 years oldCurrent standards are over 25 years old

M Ineffective in preventing noise-induced hearing loss Ineffective in preventing noise-induced hearing loss among minersamong miners

M 46,000 miners at risk of developing material 46,000 miners at risk of developing material impairment of hearingimpairment of hearing

M Inconsistency among Coal, M/NM and OSHA Inconsistency among Coal, M/NM and OSHA requirementsrequirements

Metal/Nonmetal Noise Dose Trends

1974 - 1996

Noise Dose (TWA 8-Hr)

>90 dBA >92 dBA

Year

Percent of Sam ples

74 76 78 80 82 84 86 88 90 92 94 96

0

10

20

30

40

50

Coal Noise Dose Trends 1986 - 1996

Dose Level

>90 dBA >92 dBA

Year86 87 88 89 90 91 92 93 94 95 96

0

5

1015

20

25

30

§ 62.100 Purpose, Scope and § 62.100 Purpose, Scope and Effective DateEffective Date

M PurposePurpose - prevention of occupational - prevention of occupational noise-induced hearing loss among minersnoise-induced hearing loss among miners

M ScopeScope - applicable to each coal, metal, - applicable to each coal, metal, and nonmetal mineand nonmetal mine

M Effective dateEffective date - September 13, 2000 - September 13, 2000

§ 62.101 Definitions§ 62.101 DefinitionsM Defines 19 terms used in Part 62:Defines 19 terms used in Part 62:

AccessAccess Medical PathologyMedical PathologyAction LevelAction Level Miner’s DesigneeMiner’s DesigneeAudiologistAudiologist Qualified TechnicianQualified TechnicianBaseline AudiogramBaseline Audiogram Permissible Exposure LevelPermissible Exposure LevelCriterion LevelCriterion Level Reportable Hearing LossReportable Hearing LossDecibel (dB)Decibel (dB) Revised Baseline AudiogramRevised Baseline AudiogramDual HearingDual Hearing Sound LevelSound Level Protection Level Protection Level Standard Threshold ShiftStandard Threshold ShiftExchange RateExchange Rate Time Weighted AverageTime Weighted AverageHearing ProtectorHearing Protector 8-hour (TWA 8-hour (TWA88))

Hertz (Hz)Hertz (Hz)

§ 62.101 Definitions§ 62.101 Definitions

M Action LevelAction Level: TWA: TWA88 of 85 dBA or dose of 50% measured with of 85 dBA or dose of 50% measured with

80-130 range of integration80-130 range of integration

M Permissible Exposure Level (PEL)Permissible Exposure Level (PEL): TWA: TWA88 of 90 dBA or dose of 90 dBA or dose

of 100% measured with 90-140 range of integrationof 100% measured with 90-140 range of integration

M Reportable Hearing LossReportable Hearing Loss: an average of 25 dB or more shift at : an average of 25 dB or more shift at 2, 3, and 4 kHz in either ear2, 3, and 4 kHz in either ear

M Standard Threshold Shift (STS)Standard Threshold Shift (STS): an average of 10 dB or more : an average of 10 dB or more shift at 2, 3, and 4 kHz in either earshift at 2, 3, and 4 kHz in either ear

§ 62.110 Noise Exposure § 62.110 Noise Exposure AssessmentAssessment

M Performance basedPerformance based

M Mine operator must establish a Mine operator must establish a system of monitoringsystem of monitoring (new for M/NM)(new for M/NM)

M System must be sufficient to determine compliance System must be sufficient to determine compliance with rulewith rule

M Includes specific requirements for determining miner’s Includes specific requirements for determining miner’s noise dosenoise dose

Noise Exposure Assessment . . .Noise Exposure Assessment . . .

M Cannot adjust for hearing protector wornCannot adjust for hearing protector worn

M Must use appropriate integration rangeMust use appropriate integration range (80-130 for AL (80-130 for AL and 90-140 for PEL and DHPL)and 90-140 for PEL and DHPL)

M Must use 90 dBA criterion, 5 dB exchange rate, and A-Must use 90 dBA criterion, 5 dB exchange rate, and A-weighting slow responseweighting slow response

M Must assess miner’s noise exposure over his/her full work Must assess miner’s noise exposure over his/her full work shiftshift

Noise Exposure Assessment . . .Noise Exposure Assessment . . .M Miners and their representative have right to observe Miners and their representative have right to observe

monitoring monitoring (no pay required)(no pay required)

M Mine operator must notify miner of exposure at or above Mine operator must notify miner of exposure at or above AL, and above the PEL and DHPLAL, and above the PEL and DHPL

M Notification must be in writing and given to miner within Notification must be in writing and given to miner within 15 days of determination15 days of determination

M Copy must be kept as long as miner is exposed at or Copy must be kept as long as miner is exposed at or above AL, plus 6 monthsabove AL, plus 6 months

§ 62.120 Action Level (AL)§ 62.120 Action Level (AL)

M 85 dBA TWA85 dBA TWA88, or 50% dose , or 50% dose (with 90 dBA (with 90 dBA criterion criterion

levellevel & 5 dB exchange rate) & 5 dB exchange rate)

M 80-130 dBA range of integration80-130 dBA range of integration (90-140 required (90-140 required with PEL)with PEL)

M Miner must be enrolled in hearing conservation Miner must be enrolled in hearing conservation program (HCP) when noise exposure program (HCP) when noise exposure equalsequals or or exceeds ALexceeds AL

§ 62.130 Permissible Exposure § 62.130 Permissible Exposure Level (PEL)Level (PEL)

M 90 dBA TWA90 dBA TWA88, or 100% dose , or 100% dose (unchanged)(unchanged)

M No adjustment for use of hearing protectionNo adjustment for use of hearing protection(new requirement for Coal)(new requirement for Coal)

M 5 dB exchange rate 5 dB exchange rate (unchanged)(unchanged)

M 90-140 dBA range of integration90-140 dBA range of integration

PEL . . .PEL . . .

M Feasible engineering Feasible engineering andand administrative controls administrative controls required when PEL required when PEL exceededexceeded (new for Coal)(new for Coal)

M Administrative controls must be posted and copy Administrative controls must be posted and copy provided to affected minerprovided to affected miner (new for M/NM & Coal)(new for M/NM & Coal)

M Mine operator must continue to use E&A controls even if Mine operator must continue to use E&A controls even if they do not reduce noise exposure to PELthey do not reduce noise exposure to PEL

M 115 dBA maximum sound level115 dBA maximum sound level (unchanged)(unchanged)

§ 62.140 Dual Hearing § 62.140 Dual Hearing Protection Level (DHPL)Protection Level (DHPL)

M 105 dBA TWA105 dBA TWA88, or 800% dose , or 800% dose (new for Coal & M/NM)(new for Coal & M/NM)

M Must take actions required for noise exposures Must take actions required for noise exposures exceeding PELexceeding PEL

M Dual hearing protection must be provided and worn if Dual hearing protection must be provided and worn if level level exceededexceeded

M 90-140 dBA range of integration 90-140 dBA range of integration (same as PEL)(same as PEL)

§ 62.150 Hearing§ 62.150 HearingConservation Program (HCP)Conservation Program (HCP)

M Miner must be enrolled if exposure at or above AL Miner must be enrolled if exposure at or above AL

M HCP must include:HCP must include:C System of Monitoring 62.110System of Monitoring 62.110C Hearing Protectors 62.160Hearing Protectors 62.160C Audiometric Testing 62.170 - 62.175Audiometric Testing 62.170 - 62.175C Training 62.180Training 62.180C Recordkeeping 62.190Recordkeeping 62.190

§ 62.160 Hearing Protectors§ 62.160 Hearing Protectors

M Mine operator must provide to miners whose Mine operator must provide to miners whose exposure equals or exceeds ALexposure equals or exceeds AL

M Miner must wear at or above AL when:Miner must wear at or above AL when:C standard threshold shift (STS) found; or,standard threshold shift (STS) found; or,C more than 6 months before miner can receive baseline more than 6 months before miner can receive baseline

audiogramaudiogram

M Miner must wear above PEL and DHPLMiner must wear above PEL and DHPL

M Miner must receive training per 62.180Miner must receive training per 62.180

Hearing Protectors . . .Hearing Protectors . . .

M Mine operator must provide a selection of HPDs Mine operator must provide a selection of HPDs including at least two muff and two plug typesincluding at least two muff and two plug types

M Must ensure HPD is fitted, in good condition, & Must ensure HPD is fitted, in good condition, & maintained per manufacturer’s instructionsmaintained per manufacturer’s instructions

M Provide replacements at no cost to minerProvide replacements at no cost to miner

M Permit additional selection when medical pathology Permit additional selection when medical pathology warrantswarrants

§ 62.170 Audiometric Testing§ 62.170 Audiometric Testing

M Must be offered to each miner enrolled in HCPMust be offered to each miner enrolled in HCP

M Voluntary on part of minerVoluntary on part of miner

M Audiometric tests to be conducted byAudiometric tests to be conducted byC a physiciana physicianC an audiologistan audiologistC a qualified technician under direction of physician or a qualified technician under direction of physician or

audiologistaudiologist

Audiometric Testing . . .Audiometric Testing . . .

M Provided at no cost to the minerProvided at no cost to the miner

M Baseline audiogramBaseline audiogram offered and provided within 6 months offered and provided within 6 months of enrollment in HCP of enrollment in HCP (12 months if mobile test van used)(12 months if mobile test van used)

M Quiet periodQuiet period - No workplace noise exposure for 14 hours - No workplace noise exposure for 14 hours prior to baseline audiogramprior to baseline audiogram

M May substitute hearing protection for quiet periodMay substitute hearing protection for quiet period

Audiometric Testing . . .Audiometric Testing . . .

M Annual audiogramAnnual audiogram - must be offered every 12 - must be offered every 12 months for as long as miner in HCPmonths for as long as miner in HCP

M Annual audiogram must be deemed a revised Annual audiogram must be deemed a revised baseline when:baseline when:

C Standard Threshold Shift (STS)Standard Threshold Shift (STS) is permanent, or is permanent, orC significant improvement in hearing over baseline significant improvement in hearing over baseline

audiogramaudiogram

§ 62.171 Audiometric Test § 62.171 Audiometric Test ProceduresProcedures

M Conducted in accordance with Conducted in accordance with scientifically scientifically validated proceduresvalidated procedures

M Specifies following criteria:Specifies following criteria:C pure tone, air conduction, hearing threshold pure tone, air conduction, hearing threshold

examinationexaminationC ½, 1, 2, 3, 4, and 6 kHz test frequencies½, 1, 2, 3, 4, and 6 kHz test frequenciesC each ear tested separatelyeach ear tested separately

Audiometric Test Procedures . . .Audiometric Test Procedures . . .

M Mine operator must compile an Mine operator must compile an audiometric audiometric test recordtest record for each miner tested, including: for each miner tested, including:

– name and job classification of miner name and job classification of miner – copy of all miner’s audiograms copy of all miner’s audiograms – evidence audiograms conducted using scientifically evidence audiograms conducted using scientifically

valid proceduresvalid procedures– any exposure determinations under 62.110any exposure determinations under 62.110– results of follow-up exams results of follow-up exams (if any)(if any)

Audiometric Test Procedures . . .Audiometric Test Procedures . . .

MMine operator must maintain audiometric Mine operator must maintain audiometric test record for the duration of the miner’s test record for the duration of the miner’s employment, plus at least 6 monthsemployment, plus at least 6 months

MMust make records available to authorized Must make records available to authorized representative of the Secretaryrepresentative of the Secretary

§ 62.172 Evaluation of § 62.172 Evaluation of AudiogramsAudiograms

M Mine operator must:Mine operator must:

C inform audiogram evaluator of Part 62 inform audiogram evaluator of Part 62 requirements and provide test recordsrequirements and provide test records

C have physician, etc.. determine audiogram’s validityhave physician, etc.. determine audiogram’s validityC determine occurrence of STS determine occurrence of STS (10 dB shift)(10 dB shift) or or

reportable hearing loss reportable hearing loss (25 dB shift)(25 dB shift)C obtain results/interpretation within 30 daysobtain results/interpretation within 30 days

Evaluation of Audiograms . . .Evaluation of Audiograms . . .M Mine operator:Mine operator:

C shallshall conduct a retest within 30 days when audiogram is conduct a retest within 30 days when audiogram is invalidinvalid

C maymay conduct retest within 30 days to confirm STS or conduct retest within 30 days to confirm STS or reportable loss and may use retest as the annual audiogramreportable loss and may use retest as the annual audiogram

C maymay adjust for presbycusis adjust for presbycusis (aging),(aging), tables and procedures tables and procedures providedprovided

C adjustment must be applied to both baseline and annual adjustment must be applied to both baseline and annual audiogramsaudiograms

§ 62.173 Follow-up Evaluation § 62.173 Follow-up Evaluation when an Audiogram is Invalidwhen an Audiogram is Invalid

M If a valid audiogram cannot be obtained If a valid audiogram cannot be obtained due to suspected medical pathology due to suspected medical pathology caused or aggravated by noise exposure caused or aggravated by noise exposure or wearing HPDs, operator shall:or wearing HPDs, operator shall:

C refer miner for clinical evaluationrefer miner for clinical evaluationC instruct evaluator to inform miner of resultsinstruct evaluator to inform miner of resultsC instruct evaluator of confidentialityinstruct evaluator of confidentiality

§ 62.174 Follow-up Corrective § 62.174 Follow-up Corrective MeasuresMeasures

M Within 30 days of confirmed STS operator Within 30 days of confirmed STS operator must:must:

C retrain the miner per 62.180retrain the miner per 62.180C allow selection of a new or different HPDallow selection of a new or different HPDC review effectiveness of engineering and review effectiveness of engineering and

administrative controls to identify and correct any administrative controls to identify and correct any deficienciesdeficiencies

§ 62.175 Notification of Results; § 62.175 Notification of Results; Reporting RequirementsReporting Requirements

M Within 10 days of receiving audiogram or follow-up Within 10 days of receiving audiogram or follow-up results, operator mustresults, operator must notify miner in writing of:notify miner in writing of:

C results/interpretation including STS or aresults/interpretation including STS or areportable lossreportable loss

C the need and reason for any further testingthe need and reason for any further testingor evaluationor evaluation

M Reportable hearing lossReportable hearing loss - must be reported to - must be reported to MSHA under 30 CFR Part 50MSHA under 30 CFR Part 50

§ 62.180 Training§ 62.180 Training

M Within 30 days of enrollment in HCP, and Within 30 days of enrollment in HCP, and every 12 months thereafter, miner must be every 12 months thereafter, miner must be trained in:trained in:

C effects of noise on hearingeffects of noise on hearingC purpose and value of wearing HPDspurpose and value of wearing HPDsC advantages/disadvantages of HPDsadvantages/disadvantages of HPDsC care, fitting and use of HPDscare, fitting and use of HPDsC general requirements of Part 62general requirements of Part 62C operator/miner responsibilities regarding controlsoperator/miner responsibilities regarding controlsC purpose and value of audiometric testingpurpose and value of audiometric testing

§ 62.190 Records§ 62.190 Records

M Mine operator must provide access to Mine operator must provide access to authorized representatives of Secretaries of authorized representatives of Secretaries of DOL and DHHS for all records required DOL and DHHS for all records required under Part 62under Part 62

M When a person with access to records When a person with access to records requests a copy of a record, the first copy will requests a copy of a record, the first copy will be at no cost to that person, and any be at no cost to that person, and any additional copies requested must be provided additional copies requested must be provided at reasonable costat reasonable cost

Records . . .Records . . .

M Mine operator must within 15 days of written Mine operator must within 15 days of written request provide access to:request provide access to:

C miner or miner’s designee (with written consent) for miner or miner’s designee (with written consent) for all records maintained under Part 62 for that minerall records maintained under Part 62 for that miner

C miners’ representative designated under Part 40 for miners’ representative designated under Part 40 for training records or notice of exposure determinationtraining records or notice of exposure determination

C former miner for records which indicate his or her former miner for records which indicate his or her own exposureown exposure

Records . . .Records . . .

M When ceasing business, mine operator must When ceasing business, mine operator must transfer records to successor operatortransfer records to successor operator

M Successor operator must receive and Successor operator must receive and maintain records per standardmaintain records per standard

M Successor operator shall use baseline, or Successor operator shall use baseline, or revised baseline audiograms obtained by revised baseline audiograms obtained by original operator to determine STS or original operator to determine STS or reportable hearing lossreportable hearing loss

Thank YouThank You