Regulations governing noise levels - pdf Workplace Toxis Torts

Another example is the regulations governing noise levels. Sound is a pressure variation that the ear can detect, and, when measured, is usually converted into decibels (dB). OSHA requires hearing protection equipment when sound levels exceed 90 dBa (decibels on the “A” scale) over an eight hour shift. 29 C.F. R. § 1910.95(a). Whenever average exposures over an eight hour day exceed 85 dBa, the employer must implement and administer an effective hearing conservation program. 29 C.F.R. § 1910.95 (c)(1).

Nothing in these regulations addresses the risk to a fetus. Indeed, OSHA requires noise

levels to be measured on the “A” scale of a sound meter rather than the less discriminatory “C” scale, which can better measure all of the sound penetrating the mother’s abdomen. Sound levels measured on the C scale will include all frequencies, including low frequency sound. An OSHA dBa reading will be generally lower than a dBc reading. Noise levels that may be safe to adults can cause hearing impairment in fetuses. “Noise: A Hazard for the Fetus and Newborn,” Pediatrics, vol. 100, no. 4 (Oct. 4, 1997). According to American Conference of Governmental Industrial Hygienists (ACGIH), noise exposures in excess of a time weighted, 8 hour average of 115 decibels (dBc) beyond 5 months of pregnancy can cause hearing loss in the fetus. The American Academy of Pediatrics has found that exposure to excessive noise during pregnancy may result in high frequency hearing loss in newborns. This organization specifically recommends that OSHA give consideration to pregnant women when setting

occupational noise standards. Under the current regulations, OSHA-compliant employer may be routinely exposing the unborn child to excessive occupational noise without any protection. As demonstrated in these common examples, OSHA regulations are outdated in light of current scientific knowledge. Mere compliance with federal regulations neither ensures adequate protection for the unborn children of employees nor shields employers from tort liability. In short, the current state of law creates the worst of both worlds for employers.