Noise-Induced Hearing Loss (NIHL) is one of the most widespread and recognized occupational hazards. The National Institute for Occupational Safety & Health (NIOSH) estimates 22 million workers in the United States are exposed to occupational environments with dangerous noise levels annually. NIHL accounts for one in nine occupational illnesses according to the Bureau of Labor and Industry. While employers may meet the requirements of the Occupational Safety & Health Administration (OSHA) Standard 29 CFR 1910.95 to establish a Hearing Conservation Plan (HCP) for workplaces with noise exceeding 85 dBA (decibels, A-weighted), many employers have not performed adequate noise exposure assessments. This can result in employees working in environments above 85 dBA without proper hearing protection – potentially leading to citations, recordable illnesses, increased insurance premiums, and workers’ compensation claims.
Evaluating NIHL Claims
The evaluation of hearing loss claims is complicated, as the cause may not be solely occupational. The OSHA occupational injury and illness recording and reporting requirements final rule states that although work-relatedness is not presumed, the determination of work-relatedness is made on a case-by-case basis. And, according to workers’ compensation law, the employer is responsible for providing evidence that an individual was not exposed to sufficient noise levels in the workplace to cause illness. Preparation and retention of thorough and complete noise surveys and individual noise exposure assessments are the primary means to evaluate the work-relatedness of NIHL claims. However, it is not uncommon that an adequate noise exposure assessment is not performed until there is a problem.