A New York Construction Injury Lawyer Discusses How to Protect Your Hearing and What to Do if You Experience Hearing Loss
According to the Centers for Disease Control and Prevention (CDC), more than half of all construction workers have been exposed to hazardous noise, and more than half of those exposed to hazardous noise report not wearing hearing protection. Without proper protection and safety measures, construction workers can suffer hearing loss. Nationwide, 14% of all construction workers report hearing difficulty. If you are a New York or New Jersey construction worker with work-related hearing loss, we encourage you to learn more about your rights and to contact an experienced construction injury lawyer at Hofmann & Schweitzer today.
Harmful Noise on Construction Sites
Several common construction tasks and equipment can create hazardous noise levels, including:
- Jackhammers and concrete saws
- Pneumatic tools like impact wrenches and compressed air nozzles
- Heavy equipment such as bulldozers, excavators, and dump trucks
- Nail guns and other power tools
- Compressors and generators
The noise produced by these sources can exceed 85 decibels (dBA), the level at which hearing damage can occur with prolonged exposure. The louder the sound, the quicker the onset of hearing loss.
OSHA Requires Noise Protection for Construction Workers
The Occupational Safety and Health Administration (OSHA) sets permissible noise exposure limits to protect workers. Construction employers must implement a hearing conservation program when noise exposure equals or exceeds an 8-hour time-weighted average of 85 dBA.
Key components of an OSHA approved comprehensive hearing conservation program include:
- Monitoring job site noise levels and worker exposure
- Providing appropriate hearing protection devices and conducting evaluations to make sure the hearing protection is adequate
- Providing hearing training protection for workers
- Providing free annual hearing exams
By taking a proactive approach to hearing conservation, construction companies can create a safer work environment and minimize the risk of noise-induced hearing loss for their workers.
New York Labor Law
In addition to federal OSHA standards, New York has labor laws that protect construction workers. New York Labor Law 200 requires employers to provide a safe working environment. This includes protecting workers from hearing loss by monitoring noise levels, taking reasonable steps to reduce noise levels, and providing hearing protection equipment.
Hearing Protection Equipment
Hearing protection devices are essential to prevent permanent hearing loss when noise levels can’t be reduced. Generally, construction employers are responsible for providing safety equipment for workers. Specifically, 29 CFR 126.101 requires employers to select, fit, maintain, and provide you with hearing protection devices. Some possible hearing protection devices include:
- Roll down foam inserted into the ear
- Earplugs
- Custom molds
- Canal caps
- Earmuffs
The type of protection needed depends on noise levels, the work environment, and personal preference. Hearing protection should be comfortable, well-fitted, and consistent with other safety gear, such as hard hats.
It's important to note that while hearing protection can prevent further damage, it cannot restore hearing that has already been lost. This is why early intervention and consistent use of protective devices are critical.
Monitoring Hearing Health Through Audiometric Testing
Audiometric testing helps identify workers who have experienced changes in hearing sensitivity and may need additional protective measures or evaluation. OSHA requires employers to establish and maintain an audiometric testing program for all workers exposed to noise at or above an 8-hour time-weighted average of 85 dBA. (19 CFR 1910.95(g))
A baseline audiogram should be conducted within six months of a worker's first exposure to hazardous noise. Annual audiograms are then compared to the baseline to determine if a standard threshold shift has occurred. If a shift is detected, the worker should be notified in writing within 21 days and referred for further testing if necessary.
Seeking Compensation for Construction Hearing Loss
You may be entitled to workers' compensation benefits if you have experienced hearing loss due to noise exposure on a New Jersey or New York construction site. These benefits can cover medical expenses, lost wages, and disability related to your hearing impairment.
Sometimes, you may also have a third-party liability claim if your hearing loss was caused by a subcontractor, property owner, or equipment manufacturer. Speaking with an experienced construction accident attorney can help you understand your rights and options for seeking compensation.
