1910.95(i)(3): Choice of Hearing Protectors
Employers must let employees choose their hearing protectors from a variety of suitable hearing protectors provided by the employer.
Key takeaways
- 1910.95(i)(3) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart G).
- OSHA cited it 46 times in the last 3 years, in 46 inspections, with $39,038 in current penalties.
- Most citations: TN (16), TX (6), AL (4).
- 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)(3) is one requirement inside 1910.95 Occupational noise exposure, an OSHA general industry standard (Part 1910, Subpart G). 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
(3) Employees shall be given the opportunity to select their hearing protectors from a variety of suitable hearing protectors provided by the employer. 46 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.95.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 20 |
| 2025 | 12 |
| 2026 | 13 |
Top states: TN (16), TX (6), AL (4), WI (3), IL (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| SCHWEID & SONS | CARLSTADT, NJ | $16,550 |
| FAMILY FRESH PACK, INC. | MONTICELLO, WI | $8,000 |
| CANTARERO PALLETS, INC | WAUCONDA, IL | $7,000 |
| G&S LUMBER CO., INC. | NACOGDOCHES, TX | $3,227 |
| APEX ENGINEERING INTERNATIONAL LLC | WICHITA, KS | $3,111 |
Free toolbox talk
A 5-minute crew talk on 1910.95(i)(3), plus alerts when this rule changes. Free.
OSHA interpretation letters
- One type of muff and plug available for employee hearing protector selection. (1983-10-17)
- Ear muffs and ear plugs are not both required if one offers protection. (1983-09-30)
Related parts of this rule
- 1910.95(i) Hearing protectors 130 citations
- 1910.95(i)(2) 58 citations
- 1910.95(i)(2)(ii) 31 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
Do workers get to choose their hearing protection?
Yes. Employees must be given the opportunity to select from a variety of suitable hearing protectors.
Who provides the hearing protectors?
The employer provides the variety of suitable protectors.
Why offer a choice?
The rule requires a variety, so workers can pick suitable protectors they will wear.
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.