MSHA Proposed Rule
Health Standards for Occupational Noise Exposure in Coal, Metal and Nonmetal Mines [12/16/1997]
[PDF Version]
Volume 62, Number 241, Page 65777
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 56, 57, 62, 70, and 71
RIN-AA53
Health Standards for Occupational Noise Exposure in Coal, Metal
and Nonmetal Mines
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Proposed rule; Availability of report.
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SUMMARY: This notice announces the availability of a report from the
National Institute for Occupational Safety and Health (NIOSH) entitled
``Prevalence of Hearing Loss For Noise-Exposed Metal/Nonmetal Miners.''
The report, which MSHA received on October 15, 1997, is cumulative
evidence concerning the risk to metal and nonmetal miners of noise
induced hearing loss (NIHL). The report is relevant to the magnitude of
the risk of NIHL among miners. The Agency, therefore, will supplement
the rulemaking record with this report and make it available to
interested parties upon request.
ADDRESSES: Copies of the report are available from the Office of
Standards, Regulations, and Variances, 703-235-1910.
FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, MSHA,
Office of Standards, Regulations, and Variances, 703-235-1910.
SUPPLEMENTARY INFORMATION: On December 17, 1996, MSHA published a
proposed rule in the Federal Register (61 FR 66348) revising its health
standards for occupational noise exposure in coal and metal and
nonmetal mines. In this proposal, MSHA stated that current scientific
evidence demonstrates that NIHL constitutes a serious hazard, that
evidence exists of continuing harm to miners, and that MSHA standards
no longer reflect experience and expert advice. The Agency concluded
that regulatory action was necessary to address the continued excess
risk of NIHL resulting from mining employment.
MSHA evaluated evidence related to the risk to miners from exposure
to harmful levels of noise, and evidence on the level of that risk.
MSHA determined that with respect to mine safety and health, any
definition of material impairment of hearing should relate to a
permanent, measurable loss of hearing which, unchecked, will limit the
ability to understand speech, as it is spoken in everyday social
(noisy) conditions. This is because speech comprehension is essential
for mine safety.
The Agency reviewed the major studies on the level of risk at
different noise exposures. The studies consistently indicated that the
risk of developing a material impairment became significant over a
working lifetime when workplace exposure exceeded average sound levels
of 85 dBA. The data further indicated that while lowering exposure from
an eight-hour time-weighted average (TWA<INF>8</INF>) of 90 dBA to one
of 85 dBA did not eliminate the risk, it did reduce the risk by
approximately half. MSHA also reviewed a large body of data on the
effects of varying industrial sound levels on worker hearing. These
studies were supportive of the same conclusion. The Agency also focused
on the harm that can occur at lower sound levels by reviewing studies
of workers in other countries.
To confirm the magnitude of the risks of NIHL among miners, MSHA
examined evidence of reported hearing loss among miners from a variety
of sources audiometric data bases tracking hearing acuity among coal
miners, individual commenter data, hearing loss data reported to MSHA,
and workers' compensation data. MSHA also asked NIOSH to examine a body
of audiometric data which tracked hearing acuity among coal miners and
one which tracked hearing acuity among metal and nonmetal miners. NIOSH
completed its analysis of the audiometric data on coal miners and
issued a report to MSHA entitled ``Analysis of Audiograms for a Large
Cohort of Noise-Exposed Miners,'' (Franks, 1996) which is a part of the
existing rulemaking record.
NIOSH has now issued its report to MSHA which analyzes audiometric
data on metal and nonmetal miners. This report is entitled ``Prevalence
of Hearing Loss For Noise-Exposed Metal/Nonmetal Miners.'' The NIOSH
analysis supports the conclusion from earlier scientific studies that
miners are losing their hearing sensitivity faster than the general
population. It indicates that 49% of the male population of metal and
nonmetal miners have a hearing impairment by age 50 as compared with
only 9% of the general population.
The report is available to interested members of the public and may
be obtained upon request by electronic mail, fax, phone, or mail as
follows: (1) Electronic mail: psilvey@msha.gov, (2) Fax: MSHA, Office
of Standards, Regulations, and Variances, 703-235-5551, (3) Phone:
Patricia W. Silvey, 703-235-1910, and (4) Mail: Mine Safety and Health
Administration, Office of Standards, Regulations, and Variances, 4015
Wilson Boulevard, Room 631, Arlington, VA 22203-1984.
Dated: December 9, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 97-32709 Filed 12-15-97; 8:45 am]
BILLING CODE 4510-43-P
