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OSHA 1926.101

Hearing protection requirements

Subpart E

20 Questions & Answers
10 Interpretations

Questions & Answers

Under 1926.101(a), when must employers provide ear protective devices on construction sites?

Employers must provide and require the use of ear protective devices whenever it is not feasible to reduce noise levels or exposure durations to the limits in Table D-2 of 1926.52. See the requirement in 1926.101(a) and the permissible noise exposures in 1926.52.

  • This means if engineering or administrative controls can’t lower noise below the Table D-2 thresholds, you must supply ear protection.
  • Use Table D-2 to check allowable exposure durations for given noise levels and act when exposures exceed those values.

Under 1926.101(b), who must fit ear protective devices that are inserted in the ear?

Ear protective devices that are inserted in the ear must be fitted or determined individually by a competent person. See 1926.101(b).

  • "Competent person" means someone with the knowledge and skill to select the correct device and confirm a proper fit for each worker.
  • Employers should document that a competent person evaluated fit or provided training so workers actually receive the protection intended.

Under 1926.101(c), is plain cotton an acceptable hearing protective device?

No — plain cotton is not an acceptable protective device for hearing protection. See 1926.101(c).

  • Employers must provide certified hearing protectors (earplugs, earmuffs, or other rated devices) rather than improvised materials such as plain cotton.

Under 1926.52 (Table D-2), what noise levels or exposure times trigger the requirement to provide hearing protection?

You must provide hearing protection when employee noise exposures exceed the limits shown in Table D-2 of 1926.52. See that rule along with the obligation in 1926.101(a).

  • Table D-2 lists permissible exposure durations for given decibel levels (for example, higher dBA levels allow shorter exposure times).
  • If your workers’ measured or estimated exposures exceed the Table D-2 limits, and you cannot reduce the noise, ear protective devices must be provided and used.

Under OSHA guidance, can noise-canceling headphones (consumer-style active noise-cancelling headphones) be used instead of earplugs or earmuffs on a construction site?

Noise-canceling headphones are acceptable only if they provide documented, adequate attenuation to bring exposures within permissible limits; they are not automatically an acceptable substitute. See OSHA's interpretation on noise-canceling headphones at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06 and the requirement to provide protection in 1926.101(a).

  • OSHA emphasizes using hearing protectors with known attenuation values (for example, devices with a published Noise Reduction Rating). Consumer headphones often lack OSHA-accepted attenuation testing.
  • If you want to use active noise-cancelling devices, verify their certified attenuation and confirm they reduce the worker's exposure to the levels in 1926.52 before approving them for compulsory use.

Under 1926.101 and OSHA guidance, must employers provide hearing protection at no cost to employees?

Yes — employers are required to provide hearing protection and ensure workers use it when needed; OSHA guidance also states that hearing protection must be provided at no cost to employees. See 1926.101(a) and OSHA's interpretation addressing provision and cost in https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

  • Employers must supply appropriate earplugs or earmuffs when exposures exceed Table D-2 limits, and they may not shift the cost of required protective devices to the employee.
  • If workers bring their own devices, the employer must still ensure they provide adequate protection.

Under 1926.101 and OSHA guidance, do employers have to try engineering or administrative noise controls before relying on hearing protection?

OSHA prefers engineering and administrative controls first, but employers may rely on properly selected and used hearing protection when these controls are not feasible. See 1926.101(a) and OSHA's interpretation on controls and hearing protection at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

  • Hierarchy of controls (engineering then administrative then PPE) is the best practice, and engineering changes are the most effective.
  • If engineering/administrative measures cannot reduce exposures to Table D-2 limits, employers must provide ear protective devices and a program to ensure they are used correctly.

Under 1926.101(b), what qualifications should the "competent person" have to fit insert-type earplugs?

The competent person should have the knowledge and skill to select properly sized devices and confirm correct insertion and fit for each worker. See 1926.101(b) and guidance on employer hazard assessment responsibilities at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • Practical qualifications include training in earplug types, fit-check procedures, and the ability to observe and correct worker technique.
  • Employers should document that a competent person performed fittings and provided worker instruction so the devices perform as intended.

Under OSHA guidance, how should employers handle hearing protection selection and fitting for workers who show significant hearing loss on an audiogram?

If a worker's audiogram indicates significant hearing loss, the employer must ensure the worker is fitted (or refitted), trained, and required to use hearing protectors; the protectors must be provided at no cost. See OSHA's interpretation on hearing conservation and audiograms at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06 and the fitting rule in 1926.101(b).

  • Significant threshold shifts trigger refitting and retraining so the worker receives adequate protection.
  • Use devices with sufficient attenuation (based on manufacturer NRR and fit) to reduce exposures to acceptable levels.

Under 1926.101(b) and OSHA guidance, are foam earplugs acceptable and how should employers make sure they work?

Yes — foam earplugs are acceptable if they are properly fitted by a competent person so they provide the required attenuation. See 1926.101(b) and OSHA guidance on selecting and using hearing protectors at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

  • Train workers and have a competent person demonstrate correct roll-down, insertion, and seal.
  • Verify performance by checking that the device’s Noise Reduction Rating (NRR) and correct use reduce exposures to the limits in 1926.52.
  • If there’s doubt about attenuation in the field, consider fit-testing methods or use alternative protectors (e.g., earmuffs or dual protection).

Under 1926.101(c), why is plain cotton not acceptable as hearing protection?

Plain cotton is not acceptable because it does not provide reliable, tested attenuation against hazardous noise levels. See the plain prohibition in 1926.101(c).

  • Cotton wads are not rated, cannot be fitted consistently, and may give a false sense of protection.
  • Employers must supply hearing protection devices with known attenuation performance (e.g., those with NRR or equivalent data).

Under 1926.101(b), how often must earplugs be fitted or checked by a competent person?

1926.101(b) requires that ear protective devices inserted in the ear be fitted or determined individually by a competent person, but it does not set a specific frequency for re-fitting; employers should fit initially and re-check whenever needed (for example, when audiograms show loss, when devices or tasks change, or when employees report poor fit). See 1926.101(b) and OSHA guidance on hazard assessment and PPE responsibilities at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.

  • Re-fit and retrain after significant hearing threshold shifts, change in earplug model, or worker complaints.
  • Document fit checks and training actions as part of your safety program to ensure ongoing protection.

Under 1926.101(a) and OSHA guidance, can employees bring and use their own hearing protectors on the job?

Employees may use their own hearing protectors only if the employer verifies they provide adequate protection and the employer still supplies devices at no cost when required. See the employer obligation in 1926.101(a) and OSHA's guidance about providing effective hearing protection at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

  • If a worker-supplied device is used, a competent person should confirm correct fit and sufficient attenuation.
  • Employers remain responsible for ensuring exposures are within the Table D-2 limits and for supplying approved devices if the worker’s device is inadequate.

Under OSHA guidance, how should an employer use the Noise Reduction Rating (NRR) when estimating protection from hearing protectors?

Use the device's NRR as a starting point to estimate attenuation, but verify real-world effectiveness by ensuring the NRR, when properly applied, reduces exposures to the limits in [1926.52]; OSHA discusses NRR and protector selection in its interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06 and the duty to provide protection in 1926.101(a).

  • Check the manufacturer's NRR and consider recognized derating methods or fit-testing to estimate workplace attenuation.
  • Ensure the chosen protector, as used by the worker, brings the worker’s time-weighted average exposure down to or below Table D-2 values.

Under 1926.101(a), do visitors or other non-employees in work areas with high noise levels need hearing protection?

Yes — anyone exposed to noise above the Table D-2 limits in [1926.52] should be provided and required to use ear protective devices when exposure cannot be reduced, so contractors and visitors in those areas should receive protection as appropriate under 1926.101(a).

  • Employers should evaluate noise risks for all persons on site and provide hearing protection to visitors who will be exposed to hazardous noise levels.
  • Train or inform visitors how to wear the provided protectors correctly if their exposure is expected to be significant.

Under OSHA guidance and good practice, how should employers clean and maintain reusable earplugs and earmuffs?

Employers should ensure reusable earplugs and earmuffs are cleaned, inspected, and maintained according to the manufacturer's instructions so they continue to provide protection; OSHA explains employer PPE responsibilities and hazard assessment in https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28 and requires provision of effective ear protection under 1926.101(a).

  • Establish a cleaning schedule, replace worn parts (e.g., cushions, foam tips), and store devices in a clean, dry place.
  • Train workers on care and inspection and remove damaged protectors from service immediately.

Under 1926.101(a) and 1926.52, when should dual hearing protection (earplugs plus earmuffs) be used?

Use dual protection when single devices cannot provide enough attenuation to reduce noise exposures to the Table D-2 limits; employers must provide whatever combination of protectors is necessary to achieve compliance with [1926.52] and the duty in 1926.101(a).

  • For very high noise levels, combining a correctly fitted earplug and earmuff often provides additional decibels of protection.
  • Have a competent person evaluate combined attenuation or perform fit-testing to ensure the dual setup reduces exposure to permissible levels.

Under 1926.101(b), is the employer required to keep written records of earplug fittings?

1926.101(b) requires that insert-type devices be fitted or determined individually by a competent person but does not itself mandate written records of those fittings; however, keeping records is a best practice and is supported by general PPE program guidance at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28. See 1926.101(b).

  • Documenting who performed the fit, the device model, and the date helps demonstrate compliance and aids re-assessment.
  • When you also operate a hearing conservation-type program, additional recordkeeping requirements may apply under other OSHA guidance.

Under 1926.101(a), how do you handle intermittent noise exposures that sometimes exceed Table D-2 but not continuously?

If intermittent exposures exceed the Table D-2 limits when averaged over the applicable time period, you must provide ear protective devices; 1926.101(a) and the exposure durations in 1926.52 guide how to combine level and duration for compliance.

  • Estimate or measure the time-weighted average exposures using the Table D-2 values; if the calculated exposure exceeds the permissible duration for that dBA, provide protection.
  • Consider administrative changes (shorter shifts or quiet breaks) or engineering controls where feasible, but provide PPE when those options don’t keep exposures within Table D-2.

Under 1926.101(c) and OSHA guidance, are cotton-lined earmuffs acceptable hearing protectors?

Cotton-lined earmuffs can be acceptable only if the device is a manufactured hearing protector with tested attenuation; plain cotton by itself is not acceptable per 1926.101(c). See also OSHA guidance on protector selection at https://www.osha.gov/laws-regs/standardinterpretations/2023-03-06.

  • The critical point is that any protector must have verifiable, rated attenuation (e.g., manufacturer NRR) and be maintained and fitted correctly.
  • Don’t substitute loose or improvised cotton padding for a certified hearing protector.