2. 30 CFR Part 62: Health Standards for Occupational Noise Exposure Final Rule Federal Register/Vol. 64, No. 176 September 13, 1999

3. Reasons for New Rule M Current standards are over 25 years old M Ineffective in preventing noise-induced hearing loss among miners M 46,000 miners at risk of developing material impairment of hearing M Inconsistency among Coal, M/NM and OSHA requirements

6. § 62.100 Purpose, Scope and Effective Date M Purpose - prevention of occupational noise-induced hearing loss among miners M Scope - applicable to each coal, metal, and nonmetal mine M Effective date - September 13, 2000

7. § 62.101 Definitions M Defines 19 terms used in Part 62: AccessMedical Pathology Action LevelMiner’s Designee AudiologistQualified Technician Baseline AudiogramPermissible Exposure Level Criterion LevelReportable Hearing Loss Decibel (dB)Revised Baseline Audiogram Dual HearingSound Level Protection LevelStandard Threshold Shift Exchange RateTime Weighted Average Hearing Protector 8-hour (TWA 8 ) Hertz (Hz)

8. § 62.101 Definitions M Action Level: TWA 8 of 85 dBA or dose of 50% measured with 80-130 range of integration M Permissible Exposure Level (PEL): TWA 8 of 90 dBA or dose of 100% measured with 90-140 range of integration M Reportable Hearing Loss: an average of 25 dB or more shift at 2, 3, and 4 kHz in either ear M Standard Threshold Shift (STS): an average of 10 dB or more shift at 2, 3, and 4 kHz in either ear

9. § 62.110 Noise Exposure Assessment M Performance based M Mine operator must establish a system of monitoring (new for M/NM) M System must be sufficient to determine compliance with rule M Includes specific requirements for determining miner’s noise dose

10. Noise Exposure Assessment... M Cannot adjust for hearing protector worn M Must use appropriate integration range (80-130 for AL and 90-140 for PEL and DHPL) M Must use 90 dBA criterion, 5 dB exchange rate, and A-weighting slow response M Must assess miner’s noise exposure over his/her full work shift

11. Noise Exposure Assessment... M Miners and their representative have right to observe monitoring (no pay required) M Mine operator must notify miner of exposure at or above AL, and above the PEL and DHPL M Notification must be in writing and given to miner within 15 days of determination M Copy must be kept as long as miner is exposed at or above AL, plus 6 months

12. § 62.120 Action Level (AL) M 85 dBA TWA 8, or 50% dose (with 90 dBA criterion level & 5 dB exchange rate) M 80-130 dBA range of integration (90-140 required with PEL) M Miner must be enrolled in hearing conservation program (HCP) when noise exposure equals or exceeds AL

13. § 62.130 Permissible Exposure Level (PEL) M 90 dBA TWA 8, or 100% dose (unchanged) M No adjustment for use of hearing protection (new requirement for Coal) M 5 dB exchange rate (unchanged) M 90-140 dBA range of integration

14. PEL... M Feasible engineering and administrative controls required when PEL exceeded (new for Coal) M Administrative controls must be posted and copy provided to affected miner (new for M/NM & Coal) M Mine operator must continue to use E&A controls even if they do not reduce noise exposure to PEL M 115 dBA maximum sound level (unchanged)

15. § 62.140 Dual Hearing Protection Level (DHPL) M 105 dBA TWA 8, or 800% dose (new for Coal & M/NM) M Must take actions required for noise exposures exceeding PEL M Dual hearing protection must be provided and worn if level exceeded M 90-140 dBA range of integration (same as PEL)

16. § 62.150 Hearing Conservation Program (HCP) M Miner must be enrolled if exposure at or above AL M HCP must include: C System of Monitoring 62.110 C Hearing Protectors 62.160 C Audiometric Testing 62.170 - 62.175 C Training 62.180 C Recordkeeping 62.190

17. § 62.160 Hearing Protectors M Mine operator must provide to miners whose exposure equals or exceeds AL M Miner must wear at or above AL when: C standard threshold shift (STS) found; or, C more than 6 months before miner can receive baseline audiogram M Miner must wear above PEL and DHPL M Miner must receive training per 62.180

18. Hearing Protectors... M Mine operator must provide a selection of HPDs including at least two muff and two plug types M Must ensure HPD is fitted, in good condition, & maintained per manufacturer’s instructions M Provide replacements at no cost to miner M Permit additional selection when medical pathology warrants

19. § 62.170 Audiometric Testing M Must be offered to each miner enrolled in HCP M Voluntary on part of miner M Audiometric tests to be conducted by C a physician C an audiologist C a qualified technician under direction of physician or audiologist

20. Audiometric Testing... M Provided at no cost to the miner M Baseline audiogram offered and provided within 6 months of enrollment in HCP (12 months if mobile test van used) M Quiet period - No workplace noise exposure for 14 hours prior to baseline audiogram M May substitute hearing protection for quiet period

21. Audiometric Testing... M Annual audiogram - must be offered every 12 months for as long as miner in HCP M Annual audiogram must be deemed a revised baseline when: C Standard Threshold Shift (STS) is permanent, or C significant improvement in hearing over baseline audiogram

22. § 62.171 Audiometric Test Procedures M Conducted in accordance with scientifically validated procedures M Specifies following criteria: C pure tone, air conduction, hearing threshold examination C ½, 1, 2, 3, 4, and 6 kHz test frequencies C each ear tested separately

23. Audiometric Test Procedures... M Mine operator must compile an audiometric test record for each miner tested, including: – name and job classification of miner – copy of all miner’s audiograms – evidence audiograms conducted using scientifically valid procedures – any exposure determinations under 62.110 – results of follow-up exams (if any)

24. Audiometric Test Procedures... M Mine operator must maintain audiometric test record for the duration of the miner’s employment, plus at least 6 months M Must make records available to authorized representative of the Secretary

25. § 62.172 Evaluation of Audiograms M Mine operator must: C inform audiogram evaluator of Part 62 requirements and provide test records C have physician, etc.. determine audiogram’s validity C determine occurrence of STS (10 dB shift) or reportable hearing loss (25 dB shift) C obtain results/interpretation within 30 days

26. Evaluation of Audiograms... M Mine operator: C shall conduct a retest within 30 days when audiogram is invalid C may conduct retest within 30 days to confirm STS or reportable loss and may use retest as the annual audiogram C may adjust for presbycusis (aging), tables and procedures provided C adjustment must be applied to both baseline and annual audiograms

27. § 62.173 Follow-up Evaluation when an Audiogram is Invalid M If a valid audiogram cannot be obtained due to suspected medical pathology caused or aggravated by noise exposure or wearing HPDs, operator shall: C refer miner for clinical evaluation C instruct evaluator to inform miner of results C instruct evaluator of confidentiality

28. § 62.174 Follow-up Corrective Measures M Within 30 days of confirmed STS operator must: C retrain the miner per 62.180 C allow selection of a new or different HPD C review effectiveness of engineering and administrative controls to identify and correct any deficiencies

29. § 62.175 Notification of Results; Reporting Requirements M Within 10 days of receiving audiogram or follow-up results, operator must notify miner in writing of: C results/interpretation including STS or a reportable loss C the need and reason for any further testing or evaluation M Reportable hearing loss - must be reported to MSHA under 30 CFR Part 50

30. § 62.180 Training M Within 30 days of enrollment in HCP, and every 12 months thereafter, miner must be trained in: C effects of noise on hearing C purpose and value of wearing HPDs C advantages/disadvantages of HPDs C care, fitting and use of HPDs C general requirements of Part 62 C operator/miner responsibilities regarding controls C purpose and value of audiometric testing

31. § 62.190 Records M Mine operator must provide access to authorized representatives of Secretaries of DOL and DHHS for all records required under Part 62 M When a person with access to records requests a copy of a record, the first copy will be at no cost to that person, and any additional copies requested must be provided at reasonable cost

32. Records... M Mine operator must within 15 days of written request provide access to: C miner or miner’s designee (with written consent) for all records maintained under Part 62 for that miner C miners’ representative designated under Part 40 for training records or notice of exposure determination C former miner for records which indicate his or her own exposure

33. Records... M When ceasing business, mine operator must transfer records to successor operator M Successor operator must receive and maintain records per standard M Successor operator shall use baseline, or revised baseline audiograms obtained by original operator to determine STS or reportable hearing loss

34. Thank You