Text For Citation: 01 Item/Group: 002A Hazard:

29 CFR 1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent: The employer failed to administer a continuing, effective hearing conservation program (including the elements of noise monitoring, audiometric testing, hearing protection, and training) for employees performing required duties with noise exposures that exceeded 85 dBA for an 8-hour time weighted average. Employees not included in a hearing conservation program include the following instances for noise exposure during tank cleaning: a.) On or about February 14, 2024, an employee cleaning asphalt out of a transportation tank utilizing pneumatic tools such as a chipper gun and jack hammer, was exposed to noise at 545.4% of the permissible daily dose, or an average sound level of 106.2 dBA, as measured over 274 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 102.2 dBA accounting for the period of 206 minutes unmonitored. b.) On or about February 14, 2024, an employee cleaning asphalt out of a transportation tank utilizing pneumatic tools such as a chipper gun and jack hammer, was exposed to noise at 449.9% of the permissible daily dose, or an average sound level of 104.9 dBA, as measured over 273 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 100.85 dBA accounting for the period of 207 minutes unmonitored.