Hearing Loss

LindaS

As a result of our annual hearing tests we have an employee whose hearing showed a recordable shift in accordance with the OSHA regs. We have required employees to wear hearing protection based on testing done of our facility but this employee refuses to wear the protection. In talking with him last week he informed me that the hearing loss has nothing to do with his job but rather his sideline business. He also states that when he wears the hearing protection he feels like he is "under water" and can't hear the machines to determine if they are working properly or not.

If he willingly provides a physician certification stating that his hearing loss is NOT due to his position here are we able to waive the requirement for him to wear the protection?

Whatever

I would never waive the requirement for any employee to wear protection. We had an ee who brought in a note from his doctor saying he could not wear a particular type of hearing protection (plugs). We worked with him and his doctor to get him protection he could wear. There was never any consideration given to waiving the protection.

Balloonman

It is not his option. Get the note stating his hearing loss is due to other activities. Then explain to him that you are required by law to require him to wear the hearing protection. Offer a variety of hearing protection then begin progressive discipline.
This is not his option.
My $0.02 worth.
DJ The Balloonman

Beave

Balloonman is right LindaS. Get his "confession" in writing, then advise and document. Osha doesn't want to hear about what he wants to do or doesn't want to do or that he says his documented hearing loss is in his opinion, from another job (at the same time he is exposing himself at THIS job to loud noises). As Balloonman says "This is not his option".

rad

I have to ask - is this the same guy who does not want to wear steel-toes?

LindaS

No, it's not the samy guy. Thanks for asking though.

Don D

I agree with everybody (except rad). OSHA requires that your Hazard Assessment Plan be based on part on a PPE analysis. If the results of your written analysis reveal that personal protective equipment in the form of hearing protection is required in parts of the work area, that is that; and there is no latitude in your requirement to enforce the policy.

Imagine this scenario: Based on his statements and his doctor's opinion, you tell him that he does not have to wear hearing protection. Next year when he is tested, his then-current hearing ability, in comparison to his baseline and this year's results skyrockets out of sight and it is obvious that his hearing has worsened because you didn't make him adhere to the policy. Then what?

So,what is required is that you advise him of the policy and make available to him several alternatives for protection. The only option he has is to chose among the options you give him. Or, I suppose he does have the option of being terminated for violating your safety policies.