Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1910.95(j)(2): Hearing protectors did not attenuate employee exposure at least to an 8-hour time-weighted average of 90 decibels as required by 29 CFR 1910.95(b): The employer failed to ensure that provided hearing protection attenuated employee exposure to noise below 90 decibels. Employees not provided hearing protection with appropriate attenuation 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 540.7% of the permissible daily dose, or an average sound level of 106.2 dB, as measured over 274 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 102.2 dB accounting for the period of 206 minutes unmonitored. The Western Safety Industrial Ear Muffs provided to employees list an NRR of 17. These hearing protectors attenuated employee exposure to an 8-hour time-weighted average of 92.2 dB, as calculated using the mandatory Appendix B calculations. 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 445.2% of the permissible daily dose, or an average sound level of 104.8 dB, as measured over 273 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 100.8 dB accounting for the period of 207 minutes unmonitored. The Western Safety Industrial Ear Muffs provided to employees list an NRR of 17. These hearing protectors attenuated employee exposure to an 8-hour time-weighted average of 90.8 dB, as calculated using the mandatory Appendix B calculations.