The use of noise-canceling headphones in place of intra-aural earplugs

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:

Use of Music Headphones on Construction Sites

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.

September 06, 2019

[Name withheld]

Thank you for your letter to the Occupational Safety and Health Administration’s (OSHA) Directorate of Enforcement Programs. You requested a clarification on the use of headphones to listen to music on a construction site. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your specific question is paraphrased below, followed by OSHA’s response.

Welding and Noise in confined space

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.

January 6, 1992

Wayne Romsos
Director of Safety and Human Resources
Brown Minneapolis Tank
PO Box 64670
St. Paul, Minnesota 55164

RE: Letter on Welding and Noise

Dear Mr. Romsos,

OSHA's regulations apply only to employer-employee relationship and not to employer activities that can affect the general public.

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.

 

Effective hearing conservation program elements for the Construction Industry.

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.

August 4, 1992

Mr. F.W. Lundy
BE&K Construction Company
2000 International Park Drive
Post Office Box 12606
Birmingham, AL 35202-2606

Dear Mr. Lundy:

This is in response to your letter of July 1, requesting clarification as to what constitutes a hearing conservation program under the construction standard for occupational noise exposure, 29 CFR 1926.52.

Definition of the term: "hospitalization" to send to, put in, or admit to a hospital.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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.

November 19, 1980

Arthur L. Schmuhl, Director
Safety and Health Services
The Associated General Contractors of America
1957 E Street, N.W.
Washington, D.C. 20006

Dear Mr. Schmuhl:

This letter is in response to your inquiry concerning the definition of the term "hospitalization" in OSHA Instruction CPL 2.43, dated April 21, 1980. Please accept my apology for the delay in response.

The hearing conservation amendment does not cover construction or agriculture.

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:

Occupational noise, including hearing conservation, in construction work.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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.

June 29, 1992

F. W. Lundy, CSM, CHCM
Corporate Safety Directo
r BE&K Construction Company
Post Office Box 12606
Birmingham, Alabama 35202-2606

Dear Mr. Lundy:

This is in response to your letter of May 4, to Acting Assistant Secretary Dorothy L. Strunk, concerning the standard applicable to occupational noise exposure in the construction industry.

Noise Citation Policy for Construction.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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.

May 2, 1994

MEMORANDUM FOR:     H. BERRIEN ZETTLER
                   Deputy Director 
                   Directorate of Compliance Programs

FROM:               MICHAEL G. CONNORS 
                   Regional Administrator

SUBJECT:            Noise Citation Policy for Construction

Due to a marked increase in industrial hygiene construction inspections as the result of our lead emphasis program we are anticipating an increase in the number of violations of 1926.52(d)(1) for the lack of an effective hearing conservation program in construction.