Regulations and Compensation

Occupational Safety and Health ACT (OSHA)
• Enacted by Congress in 1970 to ensure safe and healthful working conditions for working men and women. The act – Created the
• Occupational Safety and Health Administration • National Institute for Occupational Safety and Health

– Enforces standards that carry out the intent of the Act through OSHA the Administration – Requires Federal agencies to establish and maintain effective occupational health programs

Code of Federal Register Regulations
• Title 29 CFR 1910.95 Occupational Noise Exposure/Hearing Conservation Amendment (1983)
– Amended Walsh-Healy Act of 1969 – Provided detailed instructions for developing a hearing conservation program

Executive Order 12196
Occupational Safety and Health Programs for Federal Employees

• Signed into Law February 26, 1980 • Requires DOD to comply with the Occupational Safety and Health Act and all the standards/regulations promulgated by the Act.

Code of Federal Register Regulations
• Title 29 CFR 1960 Basic Program Elements for Federal Employees
– Allows agencies to apply for an alternate standard to meet unique needs – Alternate standard must provide equivalent or greater protection

Department of Defense Instructions
DODI 6055.12 DOD Hearing Conservation Program Initially published in 1978; updated April 1996 Provides basic program elements and suggestions for program implementation Provides authority for each service to establish a HCP Each services’ HCP must meet or exceed program implementation guidance provided by DODI 6055.12 Fulfils requirements prescribed in Executive Order 12196

Comparison of Hearing Conservation Amendment & DODI 6055.12 Noise measurement exchange rate Engineering Controls and Administrative Controls Certification

!910.95 Hearing Conservation Amendment 5dB Initiated to reduce noise levels below 90dB(A)* Technicians operating microprocessor audiometers do not require certification +/-15 dB change acceptable on daily biologic calibration HPD’s may be use to meet the 14 hr noise free requirement for reference audiogram Obtain within 6 months of employee’s initial noise exposure Maintain noise exposure records for 2 years. Maintain audiometric test for the length of an individuals employment

DODINST 6055.12 April 1996

3dB Initiated when feasible to reduce noise levels below 85dB(A) CAOHC certification or equivalent training is required to perform hearing test +/- 5 dB change allowed for biologic calibration HPD’s shall not be used to meet the 14 hour noise free requirement. Obtain within 30 days of employees initial noise exposure noise exposure Maintain records and audiometric test for the length of service + 30 years.

Biologic Calibration HPD’s

Reference audiogram Recordkeeping

*Personnel must be entered into a HCP when noise levels reach 85dB(A). OSHA calls this the action level.

Army Regulations
• DA PAM 40-501 Hearing Conservation (1998)
– Implements DODI 6055.12 requirement for each service to develop a HCP – Provides guidance for implementing the Army Hearing Conservation Program

Army Regulations
• AR 40-5 Preventive Medicine
– Currently being revised – Implements Executive Order 12196 – Requires that installation occupational health programs include a hearing conservation program – Applies to
• • • • • Active Army National Guard Army Reserve (on active duty or drill status) U.S. Military Cadets Civilian and Non-appropriated fund personnel

Army Regulations
• AR 40-501 Standards of Medical Fitness
– Identifies hearing standards for
• enlistment, appointment and induction to the army • retention and separation • flight physicals

– Provides instruction for profiling hearing loss – Explains the purpose of the Speech Recognition in Noise Test (SPRINT)

Army Regulations
• DA PAM 40-xx Preventive Medicine
– New DA pamphlet – Will provide detailed instructions, guidance, procedures necessary for implementing policies and responsibilities outlined in AR 40-5 – Chapter 5 will contain information about the HCP program

Army Support Regulations
• AR 385-10 Army Safety Program • AR 385-40 Accident Reporting • USA Safety Center-Safety Color Code Markings Signs & Tags Information Guide • Local Installation Policy

Air Force Regulations
• AFOSH Standard 161-20, Hearing Conservation Program (OCT 91)
– Air Force Hearing Conservation implementing document. Specific to Air Force installations and airmen. – This Air Force regulation is currently under revision as AFI 48-20.

• DODINST 6055.12

Navy/Marine Instructions
• OPNAVINST 5100.19D, Chapter B4
– Covers occupational health and safety for the fleet. – Differs from the OPNAVINST 5100.23E, Chapter 18 by requiring a medical/audiological evaluation if the individual has hearing loss in both ears in which the sum of thresholds at 3000, 4000, and 6000 Hz exceeds 270 dB. No duty assignment involving hazardous noise exposure is permitted in this case.

• MCO 6260.1D - Covers occupational health and safety for the Marine Corps.

Code of Federal Register Regulations
Title 29 CFR Part 1904.10 Recording criteria for cases involving occupational hearing loss
If an employees’ hearing test (audiogram) reveals. . . a work-related Standard Threshold Shift (STS) in one or both ears, and the employee’s. . .[average] hearing level is 25 decibels (dB) or more above audiometric zero ([the] average at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS, you must record the case on the OSHA 300 Log.

OSHA Reportable Hearing Loss
• Department of Defense Policy (future changes)
– DOD Hearing Conservation Programs will not use age corrections when determining STS – The 15 dB shift at 1, 2, 3 or 4 k Hz will be dropped from the DOD STS definition, but will be retained as an early warning flag. No follow-up will be required when a 15dB shift occurs

Is it OSHA Reportable?
Test/Date
.5K 1K

Left Ear
2K 3K 4K 6K .5K 1K

Right Ear
2K 3K 4K 6K

Current 01/03/02 Baseline 09/29/99 STS Yes No

0 0

5 0

5 5

15 10

15 15

20 25

5 0

10 5

10 5

25 10

25 25

35 30

0

5

0

5

0

-5

5

5

5

15

0

5

DOD STS definition will no longer include a 15 dB shift at 1, 2, 3, or 4 k Hz. However, the 15 dB shift will be retained as an early warning sign. No follow-up testing is required. The loss is not OSHA reportable.

Is it OSHA Reportable?
Test/Date
.5K 1K

Left Ear
2K 3K 4K 6K .5K 1K

Right Ear
2K 3K 4K 6K

Current 04/10/03 Baseline 04/05/90 STS Yes No

20 15

15 10

10 0

15 5

25 0

75 30

10 15

15 5

10 0

10 10

20 10

15 20

5

5

10

10

25

45

-5

10

10

0

10

-5

This audiogram shows an STS; however, the loss is not OSHA reportable because the current audiogram does not show an average hearing level of 25dB for the shifted ear.

Is it OSHA Reportable?

Test/Date
.5K 1K

Left Ear
2K 3K 4K 6K .5K 1K

Right Ear
2K 3K 4K 6K

Current 04/15/04 Re-estab Baseline 04/12/03 STS Yes No

20 20 0

20 15 5

20 10 10

50 15 35

50 25 25

85 75 10

15 10 5

5 15

5 10

10 10 0

20 20 0

15 15 0

-10 -5

This audiogram shows an STS and it is Reportable because the current audiogram shows an average hearing loss greater than 25 dB for the shifted ear.

Key Points to Remember
• The 15 dB shift will be dropped from the DOD STS definition and not considered for the purpose of determining OSHA Reportable Hearing Loss • Age corrections are not applied within DOD • The new OSHA RHL rule is not retroactive. Applies to audiograms obtained after 31 December 2002. • Hearing Loss is only reported for the affected ear • The rule has not been implemented within DOD

Helpful Web Sites
DA PAM 40-501
http://www.usapa.army.mil/pdffiles/p40_40_501.pdf

Title 29 CFR 1910.95; OSH Act 1970; Title 29 CFR 1904.10 www.osha.gov
Walsh-Healy Public Contracts Act http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_50-201/41CFR50-201.1.htm Walsh-Healy Noise Standard http://www.dol.gov/dol/allcfr/ESA/Title_41/Part_50-204/41CFR50-204.10.htm Introduction to OSHA Standards http://www.humanspan.com/uploads/archives/2/dcaa/introduction_to_osha_standard.doc Online OSHA Standards Training

http://www.labtrain.noaa.gov/osha600/mod03/0301----.htm

Hearing Loss Compensation

Landmark Hearing Loss Compensation Cases
• SIAWINSKI VS J.H. WILLIAMS AND CO. New York 1948 – Held that hearing loss was an industrial disease – Employees were entitled to recover wages even if there were no earnings lost • GREEN BAY DROP FORGE CO. et. al. vs. THE INDUSTRIAL COMISSION Wisconsin 1953 – Made compensation for NIHL independent of loss of wages • Missouri 1959 – Developed special legislation covering compensation of occupational hearing impairment for long-term noise exposure

OFFICE OF WORKERS’ COMPENSATION

The Office of Workers’ Compensation Programs awards millions of dollars in hearing loss claims each year. Compensation for hearing loss is much more liberal for federal employees than for those covered by state or private compensation programs

Civilian Compensation Awards
• Factors for calculating
– Hearing Thresholds at 500, 1000, 2000 and 3000 Hz – Hearing Thresholds for each ear – Salary – Dependents

Civilian Compensation Awards
• Formula factors
– % Monaural loss – % Binaural loss – Number of weeks of compensation (higher when there are dependents) – Weekly salary

Civilian Hearing Loss Compensation Cases
1992-2001
2001

4000 3500 3000 2500 2000 1500 1000 500 0

Number of Cases Awarded

Army Air Force Navy

1,202 1,473 2,540

92

93

94

95

96

97

98

99

2000

2001

Year

Army

Air Force

Navy

Civilian Hearing Loss Compensation Costs 1992-2001
15 10 5

Millions of Dollars

2001 Army $7,500,070 Air Force $8,027,322 Navy $9,941,508

92

93

94

95

96

97

98

99

00

01

Year
Army Air Force Navy

Average Claim
Army Air Force Navy DoD (Other) All Federal Employees

2001

$6,237 $5,450 $3,914 $4,892 $5,842

Civilian Compensation Awards
• Total award is determined by OWCP and is considered one time. An additional award will be provided, if aggravation can be proved.

$39,907,386 All Federal Employees 2000 $43,841,529 All Federal Employees 2001

MILITARY COMPENSATION FOR HEARING LOSS
• • • • • Hearing thresholds at 1000, 2000, 3000, and 4000 Hz Speech Discrimination Test Salary Age Medical Board Findings (note: the items above determine the % of compensation; however, the Medical Board can increase or decrease that amount)

Veterans Hearing Loss Compensation Cases 1992-2001 2001
Thousands of Cases

40 35 30 25 20 15 10 5

Army 35,278 Air Force 8,781 Navy 10,282 Marine Corps 4,588

92

93

94

95

96

97

98

99

00

01

Army

Year Air Force Navy

Marine Corps

Hearing loss primary disability

Veterans Hearing Loss Compensation Costs 1992-2001
2001 Army $226,496,520 Air Force $ 48,057,816 Navy $ 55,567,020 Marine Corps $ 26,469,972

Millions of Dollars

180

150

120 90 60 30 92 93 94 95 96 97 98 99 00 01

Year
Army Air Force Navy Marine Corps

Total award is determined by VA and is provided through lifetime payments.

$326,039,400 (CB YR 2000) $361,362,600 (CB YR 2001)

QUESTIONS???