1910.95(c)(1): When a Hearing Conservation Program Is Required
Employers must run a continuing, effective hearing conservation program whenever worker noise exposure equals or exceeds an 8-hour time-weighted average of 85 decibels on the A scale, slow response, or a 50 percent dose. Noise exposure is figured using Appendix A and Table G-16a, without counting protection from hearing protectors.
Key takeaways
- 1910.95(c)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart G).
- OSHA cited it 548 times in the last 3 years, in 548 inspections, with $2,044,615 in current penalties.
- 2 deaths are linked to inspections that cited this rule.
- Most citations: MI (47), PA (45), TX (42).
- Related part: 1910.95(c) Hearing conservation program (551 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.95(c)(1) 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
(1) The employer shall administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a, and without regard to any attenuation provided by the use of personal protective equipment. 548 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.95.
Injuries linked to this rule
2 deaths are linked to inspections where OSHA cited 1910.95(c)(1).
At 1:08 p.m. on March 20, 2024, an employee died of silicosis from occupational exposure.
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 30 |
| 2024 | 231 |
| 2025 | 182 |
| 2026 | 105 |
Top states: MI (47), PA (45), TX (42), IL (36), FL (34)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| EAST BAKING CO | SYRACUSE, NY | $141,876 |
| FLORIM USA, INC. | CLARKSVILLE, TN | $50,000 |
| CIRCA RESORT & CASINO | LAS VEGAS, NV | $23,438 |
| EAST BAKING CO | SYRACUSE, NY | $18,417 |
| ALL GRANITE & MARBLE CORP. | RIDGEFIELD PARK, NJ | $16,147 |
Free toolbox talk
A 5-minute crew talk on 1910.95(c)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Minimum exposure for inclusion in the hearing conservation program (HCP); removal criteria. (2004-02-13)
Related parts of this rule
- 1910.95(c) Hearing conservation program 551 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
What triggers a hearing conservation program?
Noise exposure equal to or above an 8-hour TWA of 85 dBA (slow response), or a 50 percent dose.
Are earmuffs considered when measuring exposure?
No. Exposures are computed without regard to attenuation from personal protective equipment.
What parts of the standard make up the program?
Paragraphs (c) through (o) of 1910.95.
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 2026-10-20
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.
