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 6, 2023

Jennifer Lombard
341 W. 51st Street, 4001
New York, NY 10019

Dear Ms. Lombard:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) expressing concerns about hearing protection. Specifically, your letter urged for the acceptance of the use of noise-canceling headphones in place of intra-aural earplugs, and your letter further stated that "earplugs are not really recommended (people are not supposed to put things in their ears )". Please disregard our previous correspondence dated Nov 17, 2022, and use this version with corrected information in the third paragraph regarding OSHA's policy on engineering and/or administrative controls regarding hazardous noise exposures.

Since 1971, OSHA has required employers to protect their employees exposed to hazardous noise in the workplace. OSHA published a permissible exposure limit (PEL) for noise exposure of 90 decibels, A-weighted (dBA) as an 8-hour time-weighted average (TWA). It later published the Hearing Conservation Amendment in 1980, which included an action level of 85 dBA as an 8-hour TWA that (if exceeded) requires a Hearing Conservation Program designed to manage exposure to elevated noise levels in the workplace proactively. The hearing conservation program is designed to protect workers with significant occupational noise exposures from hearing impairment, even if they are subject to such noise exposures over their entire working lifetimes. It covers employers in the general industry (29 CFR 1910.95) with employees exposed to noise at or above the action level. It requires employers to include their noise-exposed employees in a hearing conservation program comprising noise exposure assessment, audiometric testing, hearing protection, and training. OSHA has published similar requirements for noise and hearing conservation, including personal protective equipment requirements, for the construction industry (29 CFR 1926.52 and 1926.101).

Noise controls and reduction are the first defense against excessive noise exposure, which can be attained in several ways. Engineering controls are the most effective and feasible for most noise sources. Engineering controls involve modifying/replacing equipment or making physical changes such as enclosing or isolating the noise source with sound-absorbing barriers to reduce the noise levels. Administrative controls are used in addition to engineering controls or when engineering controls are not feasible. Administrative controls include short shifts, frequent breaks in quiet areas, or limited access to noisy places. However, current OSHA policy allows employers to rely on hearing protection devices, such as earplugs and muffs, and an effective hearing conservation program, rather than engineering and/or administrative controls, when hearing protectors will effectively attenuate the noise to which employees are exposed1. An effective hearing conservation program will ensure that workers receive the full benefits of hearing devices. The best hearing protector, when fitted correctly, is one that is accepted by the worker and will be worn properly and consistently.

OSHA's general industry noise and hearing conservation standard requires that when a worker's hearing test indicates significant hearing damage, the worker must be fitted (or refitted) with hearing protectors, trained (or retrained) in their use and care, and required to use them. The hearing protection must be provided at no cost to the employee. For selection of an appropriate hearing protection device, its sound attenuation—that is, its ability to dampen sound—must be sufficient to reduce the worker's exposure to a TWA of 85 dBA. The most convenient method employers can use to determine this is to check the device's Noise Reduction Rating (NRR), which is measured in decibels and developed by the Environmental Protection Agency (EPA). According to EPA regulation, the NRR must be shown on the hearing protector package. The NRR is then related to an individual worker's noise environment to assess the adequacy of the attenuation of a given hearing protector. For more information on using the NRR to select an appropriate ear plug, see Appendix B to 29 CFR 1910.95.

Earplugs may have an NRR of 15 to almost 30 dBA based on laboratory tests, but if not used properly by a worker their real-world attenuation will be much less. Yet earplugs are comparatively inexpensive, easy to store and carry, and designed to be lightweight, making them the most used device to reduce noise exposure. The typical ear plug is between 1/2 and 3/4 of an inch long. So even if you inserted the entire earplug, it would still not touch the eardrum. Furthermore, there are plenty of earplugs that are pre-molded or that have stems so that you can insert them without having to touch the part that goes into the ear canal (see: https://www.cdc.gov/niosh/topics/noise/faq.html). Also, for photos and features of the different types of hearing protection devices, see OSHA's publication at https://www.osha.gov/sites/default/files/publications/3498noise-in-construction-pocket-guide.pdf. Note, however, that earplugs may not be suitable for every occupational setting, especially when noise levels are beyond 100 dBA or in certain cases when an employee cannot use earplugs.

Regarding your question about noise-cancelling headphones, OSHA is aware of two types of these headphones, passive noise canceling (PNC) and active noise canceling (ANC). Passive noise-canceling (PNC) headphones provide soundproofing via a heavy-duty design that seals the ears from external sounds. PNC headphones (e.g., traditional earmuffs) provide protection for people working in a noisy environment but need to communicate (e.g., airport workers, construction workers operating heavy machinery), and supra-aural headphones are frequently used as an effective component of employers' hearing conservation programs in certain settings.

By contrast, active noise canceling (ANC) headphones, such as those frequently marketed by audio manufacturers for consumers who wish to enjoy music, audiobooks, podcasts, movies, etc., without external noise getting in the way, are designed to block ambient sounds using active noise control with low-frequency and soundproofing for higher frequency sound. However, most of the consumer ANC headphones are not effective for controlling occupational noise exposure because they do not offer protection from sudden, explosive sounds without the protective sealing that PNC headphones do. But there are some headphones that have been developed with both passive and active noise reduction features with NRR ratings between 20 and 30 dBA, and these may be acceptable for use in some workplace situations. In summary, it is not recommended to use consumer noise-canceling headphones in place of laboratory-tested devices if they are not designed for hearing protection.

In conclusion, while no specific OSHA regulation prohibits headphones on a construction site or any other workplace, OSHA requires employers to protect employees exposed to sound levels exceeding the set permissible noise exposure limits. The employer must evaluate the employee's exposure to noise and provide appropriate hearing protection devices. Finally, it is worth noting that some manufacturers may claim that their products are "OSHA approved" or "100% OSHA compliant." OSHA does not register, certify, approve, or otherwise endorse commercial or private sector entities, products, or services. Therefore, any such claims by a manufacturer would be misleading.

Occupational noise is one of the most common workplace hazards in the United States, and you have raised an important topic given the emerging prevalence of ANC technologies on the market. Thank you again for contacting OSHA and for your interest in occupational safety and health.

Sincerely,

Andrew Levinson, MPH, Director
Directorate of Standards and Guidance

Additional Resources:
OSHA Noise Standards: https://www.osha.gov/noise
CDC/NIOSH Guidance: https://www.cdc.gov/niosh/topics/noise/default.html

1See OSHA Instruction, CPL 02-00-164, Field Operations Manual (FOM), April 14, 2020, Chapter 4, Violations, Section XI.B, at: https://www.osha.gov/enforcement/directives/cpl-02-00-164.