OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

March 29, 1983

Mr. David Potts
Safety and Health Director
National Constructors Association
Suite 1000
1101 15th Street, N. W.
Washington, D.C. 20005

Dear Mr. Potts:

The hearing conservation amendment to the occupational noise exposure standard, 29 CFR 1910.95, published on March 8, 1983, is applicable to all employees who work for employers who are covered by the Occupational Safety and Health Act except those engaged in construction or agriculture. This position was stated in the January 16, 1981, hearing conservation amendment and was repeated in the preamble to the August 21, 1981, hearing conservation amendment. While this statement was not repeated in the March 8, 1983, final hearing conservation amendment, OSHA's position has not changed. The construction industry is covered by its own noise standard, 29 CFR 1926.52.

If you have any further questions, please do not hesitate to contact us.


R. Leonard Vance, Ph.D.
Health Standards Programs