{"id":5087,"date":"2020-11-07T10:38:14","date_gmt":"2020-11-07T14:38:14","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=5087"},"modified":"2020-12-07T10:39:21","modified_gmt":"2020-12-07T14:39:21","slug":"factors-in-selecting-the-correct-hearing-protection-at-work","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/factors-in-selecting-the-correct-hearing-protection-at-work\/","title":{"rendered":"Factors in Selecting the Correct Hearing Protection at Work"},"content":{"rendered":"

Many workers, especially those in construction, agriculture, and industry, work in conditions where it is extremely noisy. After months or years of exposure to loud sounds, workers may lose part or all of their hearing. This hearing loss is often covered as an <\/span>occupational illness<\/span><\/a> under the North Carolina and Virginia workers\u2019 compensation<\/a> laws. In some cases, just one loud explosion can cause a worker to have a justifiable workers\u2019 compensation claim based on a workplace accident.\u00a0<\/span><\/p>\n

In Virginia, under <\/span>VA Code 65.2-503 (15)<\/span><\/a>, a total loss of hearing due to workplace conditions or accident can pay up to 50 weeks of temporary total disability compensation (2\/3rds of the injured worker\u2019s average weekly wage). The percentage of hearing loss is determined by the degree permanent loss in terms of decibels. This is set forth in the <\/span>Hearing Loss Table<\/span><\/a>. In Virginia, injured workers are not entitled to any compensation for hearing loss that is less than a reduction of 27 decibels.\u00a0<\/span><\/p>\n

In North Carolina, under <\/span>North Carolina General Statute 97-53 (23),<\/span><\/a> a total loss of hearing in both ears can pay up to 150 weeks of compensation; however, the law relating to the percentage of compensation for less than 100% loss is somewhat complex. One rule that is different is that unless there was pre-existing hearing loss in one ear, hearing loss is only compensable if there is a hearing loss in both ears. Tinnitus, or ringing in the ears, is not compensable in North Carolina.\u00a0<\/span><\/p>\n

It should be noted that this permanent partial impairment mode of compensation (the percentage of hearing loss x the maximum number of weeks) does not take into account an injured worker who suffers a severe hearing loss that would prevent him or her from returning to his or her pre-injury job. In that circumstance, one could conceivably negotiate a settlement based on based on the remaining weeks under an Award for benefits, which can be for up to 500 weeks.\u00a0<\/span><\/p>\n

Whether loss of hearing constitutes a disability from work is based on the worker\u2019s communications needs and ability to perform his\/her job tasks. Workers such as police and air traffic control workers, for instance, need high and middle level frequencies to do their hearing-critical jobs. A severe hearing loss might accordingly prevent them from returning to that occupation and result in a potential significant recovery in a settlement scenario.\u00a0<\/span><\/p>\n

There are numerous ways workers and employers can help reduce the risk of hearing loss or tinnitus which is a ringing in the ears. Choosing the right hearing protection device can be difficult when there are so many choices \u2013 by style, color, size, and materials. The doctors recommend that workers consider the following factors:<\/span><\/p>\n

S<\/span>everal physicians posted a report on the Centers for Disease Control and Prevention<\/span><\/a> website explaining hearing protection choices when the volume can\u2019t be turned down or the time you\u2019re exposed to the loud sounds can\u2019t be limited.<\/span><\/p>\n

In addition to hearing loss, difficulty communicating when its noisy can lead to communication errors which can lead to accidents.\u00a0<\/span><\/p>\n

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Understand how much notice reduction protection you need<\/i><\/b><\/h3>\n

Most exposures to industrial noise are lower than 95 dBA (a decibel level)\u2013 \u201cwhich means most workers require no more than about 10 dB of noise reduction to meet the NIOSH Recommended Exposure Limit of 85 dBA.\u201d Most hearing protection devices that fit correctly can meet this 10 dB requirement. Workers can measure the decibel levels at work with an app for their smartphone- such as the\u00a0<\/span>NIOSH Sound Level Meter<\/span><\/a>.<\/span><\/p>\n

If the noise level is more than 95 dBA, then greater noise reduction devices are required \u2013 though workers should be concerned about reducing the noise level too much. \u201cToo little sound can make you feel isolated and less aware of your surroundings.\u201d Workers who are overprotected may regularly feel the need to remove the hearing protection device just to hear a co-worker or supervisor speak. The aim should be to bring the noise level down to 75-85 dBA.<\/span><\/p>\n

Workers should consider <\/span>fit-testing<\/span><\/a> their device. \u201cIf fit-testing is not available at your workplace, you can check the earplug fit by counting out loud while slowly cupping and uncupping your hands over your ears; if you have a good fit, your voice should sound about the same as you cup and uncup your ears.\u00a0<\/span>NIOSH QuickFitWeb<\/span><\/a>\u00a0can also be used to check if you are getting more or less than 15 dB of sound reduction.\u201d<\/span><\/p>\n

Some workers who work where the noise levels are more than 100 dBA should wear another form of hearing protection such as earmuffs over earplugs. Chainsaws and jackhammers have noise levels more than 100 dBA. Some devices such as nail guns or weapons exceed the 100 dBA level too.\u00a0<\/span><\/p>\n

Understand your worksite and the task your job requires<\/i><\/b><\/h3>\n

Workers need to consider what other protective devices they need to wear and how they may interact or interfere with the chosen form of hearing protection they use. Examples include:<\/span><\/p>\n