DOL Opens a Comment Window on How Occupational Hearing Loss Is Tested
On June 23, 2026 the Department of Labor's Office of Workers' Compensation Programs opened a public comment period on the quality standards used to evaluate occupational hearing loss under the Longshore and Harbor Workers' Compensation Act. The core question is whether the pure-tone audiogram should remain the primary standard or whether objective tests — auditory brainstem response, auditory steady-state response, and otoacoustic emissions — should play a larger role. Comments are due October 22, 2026.
The agency is inviting input from audiologists, otolaryngologists, employers, employees, and insurers on the comparative reliability of these methods and on the criteria used to judge hearing impairment. However the rulemaking lands, it signals that measurement quality is back at the center of the conversation.
For now the operating standard is unchanged: OSHA's 1910.95 hearing-conservation program with baseline and annual audiograms once exposures reach 85 dBA, on audiometers calibrated to ANSI S3.6.
The Federal Register notice is explicit that it proposes nothing yet: it is a request for information, and the Department says the responses will inform whether updates to the existing quality standards should be considered at all. That is worth reading carefully before anyone re-tools a program. Employers, insurers, audiologists, otolaryngologists and medical associations are all invited to comment on the comparative reliability and validity of audiograms against ABR, ASSR and otoacoustic emissions, on how those tests are currently administered, and on the criteria used to judge impairment. Comments go through the Federal eRulemaking Portal at regulations.gov.
Nothing about the day-to-day obligation changes in the meantime. Under 29 CFR 1910.95 a hearing conservation program is triggered at an eight-hour time-weighted average of 85 dBA; a baseline audiogram is due within six months of first exposure at or above that action level, or within a year where a mobile audiometric testing unit is used; testing is annual thereafter, at no cost to the employee; and audiometric records are retained for the duration of employment while noise-exposure measurements are kept at least two years. The mobile-unit allowance is not a loophole — it is written into the standard.
Sources: U.S. DOL / OWCP — June 23, 2026; Federal Register — RFI; Federal Register — RFI 2026-12644

































