1910.95(i)(2)(ii): Hearing Protectors at 85 dB
Hearing protectors must be worn by any employee exposed to an 8-hour time-weighted average of 85 decibels or greater who has not yet had a baseline audiogram established, or who has experienced a standard threshold shift.
Key takeaways
- 1910.95(i)(2)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart G).
- OSHA cited it 31 times in the last 3 years, in 30 inspections, with $66,123 in current penalties.
- Most citations: TN (6), PA (4), NJ (2).
- Related part: 1910.95(i) Hearing protectors (130 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.95(i)(2)(ii) is one requirement inside 1910.95 Occupational noise exposure, an OSHA general industry standard (Part 1910, Subpart G). It includes 2 sub-paragraphs. The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(ii) By any employee who is exposed to an 8-hour time-weighted average of 85 decibels or greater, and who: 31 citations
(A) Has not yet had a baseline audiogram established pursuant to paragraph (g)(5)(ii); or Open (i)(2)(ii)(a) 18 citations
(B) Has experienced a standard threshold shift.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.95.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 6 |
| 2024 | 13 |
| 2025 | 4 |
| 2026 | 8 |
Top states: TN (6), PA (4), NJ (2), VA (2), TX (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SCHWEID & SONS | CARLSTADT, NJ | $16,550 |
| FARMERS RICE MILLING COMPANY | LAKE CHARLES, LA | $11,585 |
| MAJOR METALS COMPANY | MANSFIELD, OH | $9,582 |
| DETROIT TOOL METAL PRODUCTS | LEBANON, MO | $5,531 |
| 68564 - METAL SOLUTIONS DESIGN - FABRICATION LLC | NEWPORT, KY | $3,500 |
Free toolbox talk
A 5-minute crew talk on 1910.95(i)(2)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Use of Walkman Radio, Tape, or CD Players and Their Effect When Hearing Protection Is In Use (1987-04-14)
Related parts of this rule
- 1910.95(i) Hearing protectors 130 citations
- 1910.95(i)(2) 58 citations
- 1910.95(i)(3) 46 citations
- 1910.95(i)(2)(i) 19 citations
- 1910.95(i)(2)(ii)(A) 18 citations
- 1910.95(i)(4) 11 citations
- 1910.95(i)(5) 10 citations
- 1910.95(i)(1) 5 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
At what noise level does this apply?
An 8-hour time-weighted average of 85 decibels or greater.
Who must wear hearing protectors under this paragraph?
Exposed employees who have not had a baseline audiogram or who have experienced a standard threshold shift.
What is a standard threshold shift?
A measured change in hearing compared to the baseline audiogram, as defined in the noise standard.
About this page
Sources
- 29 CFR 1910.95 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-21
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.