Regulations and Compensation

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Regulations and Compensation
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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

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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

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Executive Order 12196Occupational 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.

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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

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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

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

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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

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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)

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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

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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

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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

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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.

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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
  employees. . .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.

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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

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Is it OSHA Reportable?
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.
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Is it OSHA Reportable?
Right Ear
Left Ear
Test/Date
6K
4K
3K
2K
1K
.5K
6K
4K
3K
2K
1K
.5K
15
20
10
10
15
10
75
25
15
10
15
20
Current 04/10/03
20
10
10
0
5
15
30
0
5
0
10
15
Baseline 04/05/90
-5
10
0
10
10
-5
45
25
10
10
5
5
STS Yes No
No
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.
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Is it OSHA Reportable?
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.
YES
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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

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Helpful Web Sites
DA PAM 40-501 http//www.usapa.army.mil/pdffiles/p
40_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.go
v/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.humanspa
n.com/uploads/archives/2/dcaa/introduction_to_osha
_standard.doc
Online OSHA Standards Training http//www.labtrain
.noaa.gov/osha600/mod03/0301----.htm
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Hearing Loss Compensation
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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

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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

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Civilian Compensation Awards

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

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Civilian Compensation Awards

• Formula factors
• Monaural loss
• Binaural loss
• Number of weeks of compensation (higher when
  there are dependents)
• Weekly salary

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Civilian Hearing Loss Compensation Cases
1992-2001
2001 Army 1,202 Air Force 1,473 Navy
2,540
Number of Cases Awarded
Year
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Civilian Hearing Loss Compensation Costs
1992-2001
2001 Army 7,500,070 Air Force
8,027,322 Navy 9,941,508
Millions of Dollars
Year
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Average Claim 2001
Army 6,237 Air Force 5,450 Navy
3,914 DoD (Other) 4,892 All Federal
Employees 5,842
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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
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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)

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Veterans Hearing Loss Compensation Cases
1992-2001
2001 Army 35,278 Air Force 8,781 Navy
10,282 Marine Corps 4,588
Thousands of Cases
Year
Hearing loss primary disability
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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
Year
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Total award is determined by VA and is provided
through lifetime payments.
326,039,400 (CB YR 2000)
361,362,600 (CB YR 2001)
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QUESTIONS???