Recently, the Occupational Safety and Health Administration (OSHA) announced that a Queens metal products manufacturer was cited and fined more than $108,900. The manufacturer had committed a number of repeat workplace safety violations, including failure to protect workers from exposure to high noise levels.
Our New York City work injury attorneys know that exposure to loud noises at work can have serious consequences for a worker’s hearing. Employers must use caution to ensure that employees are protected in loud workplaces in order to avoid permanent damage. If an employer fails and a worker’s hearing is impacted, a workers compensation claim could be filed.
Too often, we don’t associate hearing loss with trauma. Yet, workplace noise is a leading cause of hearing impairment.
OSHA on Loud Workplaces
The Queens business cited for noise violations is not the only one that has failed to comply with OSHA noise regulations. There are many businesses, including those in the fields of manufacturing, hospitality, mining and construction, that do not comply with the guidelines designed to protect the hearing of workers.
This lack of compliance is tragic since the guidelines are simple and effective. The OSHA guidelines related to noise hazards focus on prevention, mitigation, training and correction of problems. For example, OSHA requires that:
- Employers institute a hearing conservation program if workers are exposed to 85 decibels or more over the course of their day. This program can include audiometric testing (a hearing test) annually.
- Employers provide hearing protection devices, such as earplugs, in order to minimize the potential damage to hearing caused by loud noises.
- Employers use either administrative or engineering noise control methods if the noise level would result in exposure exceeding 90 decibels.
Engineering controls center around making the worksite less noisy. This might include redesigning the workplace so machinery noise is reduced; enclosing the source of the noise; enclosing the worker away from the loudest noise; or purchasing quieter equipment in order to replace the older, louder equipment that is causing the hazard.
In the case of the Queens metal products manufacturer recently cited by OSHA, the company failed to create a hearing conservation program for those workers who were routinely exposed to loud noise levels. Since such a program is required, the company could be held responsible for the failure. This was considered a serious violation, and resulted in a fine of $34,650.
The fines that an employer may be required to pay to OSHA for a failure to comply with noise requirements may serve as a deterrent to encourage change, safer behavior and better safety practices in the future. However, for workers who have already been harmed due to noisy workplaces, the fines that an employer must pay to OSHA as a result of violations of workplace safety laws don’t help to cover their costs or meet their bills.
Those who were injured due to excessive loudness at work, however, can file a workers compensation claim. Such claims are available for any work injury and can cover the costs of medical treatment, as well as the costs of any time that the worker must take away from employment due to health problems incurred on the job.
If you’ve been hurt at work, contact the Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today for a free evaluation by calling (800) 692-3717.
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