OSHA Instruction STP 2.21 December 12, 1981 Office of State Programs
Subject: Occupational Noise Exposure; Hearing Conservation Amendment, 29
CFR 1910.95
A. Purpose. This instruction informs the Regions and State designees that
OSHA has promulgated an amendment to its Occupational Noise Exposure
standards concerning Hearing Conservation Program requirements, effective
August 22, 1981.
B. Scope. This instruction applies OSHA-wide.
C. Action. Each Regional Administrator shall ensure that D. of this
instruction is followed and implemented.
D. Federal Program Change. This instruction describes a Federal program
change which affects State programs. Each Regional Administrator shall:
1. Ensure that this instruction is forwarded to each State designee.
2. Provide a copy of the amendment to the State designee upon
request.
3. Explain the technical content of Federal Register Notice (46 FR
42622), Occupational Noise Exposure, Hearing Conservation Amendment, to the
State designee as requested.
4. Inform the State that adoption of amendments to State standards
as effective as amendments to the Federal standard, 29 CFR 1910.95, Sections
(c) through (s) and Appendixes A through I, is required within 6 months of
the date of publication of the Federal standard in the Federal
Register.
5. Inform the State that it may delay the effective date for
provisions of its standard when the comparable Federal provisions have a
delayed effective date, with the proviso that the delayed effective date of a
State provision may be no later than the effective date of the comparable
Federal provision.
6. Ensure that the State's progress in adoption and implementation
of the standard is monitored and
OSHA Instruction STP 2.21 December 12, 1981 Office of State Programs
evaluated in accordance with the Field Operations Manual,
Chapter XVII.
E. Background.
1. An amendment to 29 CFR 1910.95, Occupational Noise Exposure
requiring a hearing conservation program under specified circumstances, was
published in the Federal Register, Vol. 46, No. 11, on January 16, 1981. The
amendment was to become effective on April 15, 1981, with various provisions
being phased in over a 2-year period. However, in order to give the agency
time to evaluate the numerous requests for clarification and petitions for
administrative stay, OSHA acted by notices in the Federal Register April 10,
1981, May 29, 1981 and July 31, 1981, to defer the effective date of the
amendment until August 22, 1981.
2. Portions of the hearing conservation amendment were again
published in the Federal Register, Vol. 46, No. 162, on August 21, 1981.
OSHA's action in this rulemaking:
a. Lifted the administrative stay on certain portions of the
amendment,
b. Invited public comment on the continuation of the stay for
other provisions,
c. Invited new information and comments on the merits of many
provisions in the hearing conservation amendments,
d. Made certain technical corrections, and
e. Clarified many other provisions.
3. The plan States' responsibility in relation to this amendment
is to provide for a standard as effective as 29 CFR 1910.95, Section (c)
through (s) and Appendixes A through I to 1910.95, pages 42633-42638, August
21, 1981, Federal Register Notice. The States are not required at this time
to promulgate provisions comparable to those provisions of the Federal
standard
OSHA instruction STP 2.21 December 12, 1981 Office
of State Programs
which are stayed. The stayed provisions are listed in paragraph
VI of the "Supplemental Information" section, page 42632, August 21, 1981,
Federal Register Notice.
4. Under 29 CFR 1953.23(a)(1), States are provided up to 6 months
from promulgation of a Federal standard for adoption of comparable
provisions. Until State adoption is effected, Federal OSHA will assume
enforcement responsibility in all States.
Thorne G. Auchter Assistant Secretary
DISTRIBUTION: National and Regional Offices State Designees NIOSH Regional
Program Directors
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