[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR62.170]

[Page 415]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 62--OCCUPATIONAL NOISE EXPOSURE--Table of Contents
 
Sec. 62.170  Audiometric testing.

    The mine operator must provide audiometric tests to satisfy the 
requirements of this part at no cost to the miner. A physician or an 
audiologist, or a qualified technician under the direction or 
supervision of a physician or an audiologist must conduct the tests.
    (a) Baseline audiogram. The mine operator must offer miners the 
opportunity for audiometric testing of the miner's hearing sensitivity 
for the purpose of establishing a valid baseline audiogram to compare 
with subsequent annual audiograms. The mine operator may use an existing 
audiogram of the miner's hearing sensitivity as the baseline audiogram 
if it meets the audiometric testing requirements of Sec. 62.171 of this 
part.
    (1) The mine operator must offer and provide within 6 months of 
enrolling the miner in a hearing conservation program, audiometric 
testing which results in a valid baseline audiogram, or offer and 
provide the testing within 12 months where the operator uses mobile test 
vans to do the testing.
    (2) The mine operator must notify the miner to avoid high levels of 
noise for at least 14 hours immediately preceding the baseline 
audiogram. The mine operator must not expose the miner to workplace 
noise for the 14-hour quiet period before conducting the audiometric 
testing to determine a baseline audiogram. The operator may substitute 
the use of hearing protectors for this quiet period.
    (3) The mine operator must not establish a new baseline audiogram or 
a new revised baseline audiogram, where one has been established, due to 
changes in enrollment status in the hearing conservation program. The 
mine operator may establish a new baseline or revised baseline audiogram 
for a miner who is away from the mine for more than 6 consecutive 
months.
    (b) Annual audiogram. After the baseline audiogram is established, 
the mine operator must continue to offer subsequent audiometric tests at 
intervals not exceeding 12 months for as long as the miner remains in 
the hearing conservation program.
    (c) Revised baseline audiogram. An annual audiogram must be deemed 
to be a revised baseline audiogram when, in the judgment of the 
physician or audiologist:
    (1) A standard threshold shift revealed by the audiogram is 
permanent; or (2) The hearing threshold shown in the annual audiogram 
indicates significant improvement over the baseline audiogram.