Do you or a loved one work in a noisy sector such as construction, manufacturing, farming, or emergency response personnel? Then you know all too well the dangers of noise induced hearing loss. Working every day in noise causes damage to the fragile hair cells of the inner ear causing hearing loss, and makes you more susceptible to hearing loss in your activities during off hours since your ears are still under stress from the noise of the day.
Recently, the Occupational Safety and Health Administration (OSHA) have been in heated arguments over hearing loss with worker’s union leaders and industry representatives. OSHA has made a proposal to change the regulations on how an employee’s hearing loss should be recorded, and unions are worried about how this will impact those with workplace hearing loss. This ruling could affect thousands of workers across the country, as the Bureau of Labor Statistics estimates an annual number of hearing loss cases to be at least 195,000 per year. This is likely a conservative number, as many on-the-job cases of hearing loss go unreported and unclaimed.
Current Regulations on Reporting Work-Place Hearing Loss
Under the current regulations, employers log cases of hearing loss in the injury and illness logs only if a health-care professional has determined the hearing loss is work related or has been “significantly aggravated” by the noise of the work place. It is also recorded if a noise at the workplace has further aggravated a pre-existing hearing loss. If it’s determined that the workplace hasn’t caused or contributed to the hearing loss, then the employer isn’t required to make a log entry, and won’t be held responsible for the employee’s hearing loss.
OSHA’s New Proposal
The proposal to change the hearing loss regulation is just 1 of 18 proposed rule updates in OSHA’s Standard Improvements Project – Phase IV, and OSHA is currently in the process of deciding which of the proposals will be included the next official ruling.
According to OSHA spokespersons, the proposed change to regulations is more of a “clarification” of the rules, and doesn’t expect the changes to have an impact on those with work-related hearing loss. “The proposed change will clarify that hearing loss must be recorded if work has contributed to it in any way, even if work is not the predominant or substantial contributor,” said the Laborers’ Health & Safety Fund of North America. The regulation states that “any contribution from work” would make the hearing loss work related. This means more cases of hearing loss will be recorded in the logs, and reporting and record keeping will be more accurate.
The Conflict with Worker’s Unions
Union leaders have some big concerns with the new proposal and how it will affect Americans working in dangerously noisy workplaces. They’re afraid the change will make it possible for employers to record that the employees hearing loss wasn’t job related, and therefore wouldn’t be covered by worker’s insurance.
The Construction Industry Safety Coalition, a group of employer organizations coming together to battle OSHA to fight for worker’s rights, says “this proposed revision is more than a clarification, it is a substantive revision to the record-keeping provisions for occupational hearing loss,” and it’s feared this could have major negative repercussions for workers who develop hearing loss on the job.
While OSHA claims there isn’t a difference between the hearing loss and record-keeping requirements, the Coalition takes issue with the wording of the regulation, and fears for the health and safety of their members. OSHA has said that “it is not appropriate to include a presumption of work-relatedness for hearing loss cases to employees who are working in noisy work environments,” and unions have seen this used against workers in the past. They’re afraid the new ruling will strengthen inaccurate reporting of hearing loss, and will impact worker’s ability to claim hearing loss as a work-related injury. The Coalition is calling for the OSHA to drop the hearing loss proposal for their revisions all together.
If you suffer from hearing loss caused by noise exposure at work, talk to your union representative, and learn about your rights. Call us at one of our My Hearing Centers locations today to schedule a hearing test, and we’ll work together to put you back on the road to hearing.