1910.95(d)(1): When Noise Monitoring Is Required
When information indicates any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer must develop and carry out a monitoring program. Sampling must identify employees for the hearing conservation program and help select hearing protectors, and personal sampling is needed where area monitoring is generally inappropriate, unless area sampling is shown to give equivalent results.
Key takeaways
- 1910.95(d)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart G).
- OSHA cited it 293 times in the last 3 years, in 292 inspections, with $544,980 in current penalties.
- Most citations: CT (41), TN (32), PA (26).
- Related part: 1910.95(d) Monitoring (304 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.95(d)(1) 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
(1) When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program. 293 citations
(i) The sampling strategy shall be designed to identify employees for inclusion in the hearing conservation program and to enable the proper selection of hearing protectors. Open (d)(1)(i) 1 citations
(ii) Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the employer shall use representative personal sampling to comply with the monitoring requirements of this paragraph unless the employer can show that area sampling produces equivalent results. Open (d)(1)(ii) 1 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 | 22 |
| 2024 | 115 |
| 2025 | 86 |
| 2026 | 70 |
Top states: CT (41), TN (32), PA (26), NY (18), OH (15)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| DYNAMIC TOOL CO., INC. | EL PASO, TX | $87,500 |
| CIRCA RESORT & CASINO | LAS VEGAS, NV | $23,438 |
| MODWASH LLC | SICKLERVILLE, NJ | $16,550 |
| TRDI MAINTENANCE, INC. | CORPUS CHRISTI, TX | $16,131 |
| STRONG INDUSTRIES, INC. | NORTHUMBERLAND, PA | $11,500 |
Free toolbox talk
A 5-minute crew talk on 1910.95(d)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
Related parts of this rule
- 1910.95(d) Monitoring 304 citations
- 1910.95(d)(3) 11 citations
- 1910.95(d)(1)(ii) 1 citations
- 1910.95(d)(1)(i) 1 citations
- 1910.95(d)(2)(i)
- 1910.95(d)(2)
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Frequently asked questions
What noise level triggers monitoring?
Exposure that may equal or exceed an 8-hour time-weighted average of 85 decibels.
What is the sampling for?
To identify employees for the hearing conservation program and enable proper selection of hearing protectors.
When is personal sampling required?
When high worker mobility, significant variations in sound level or significant impulse noise make area monitoring generally inappropriate, unless area sampling is shown to be equivalent.
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.
