1910.95(g)(8)(ii): Follow-Up After a Hearing Threshold Shift
Unless a physician determines a standard threshold shift is not work related or aggravated by noise, employers must act when one occurs. Workers without hearing protectors must be fitted, trained and required to use them; workers already using them must be refitted, retrained and given better protectors if needed; and employees must be referred for further evaluation when needed.
Key takeaways
- 1910.95(g)(8)(ii) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart G).
- OSHA cited it 15 times in the last 3 years, in 12 inspections, with $27,116 in current penalties.
- Most citations: TN (4), NY (3), WI (2).
- Related part: 1910.95(g) Audiometric testing program (437 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.95(g)(8)(ii) is one requirement inside 1910.95 Occupational noise exposure, an OSHA general industry standard (Part 1910, Subpart G). It includes 4 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) Unless a physician determines that the standard threshold shift is not work related or aggravated by occupational noise exposure, the employer shall ensure that the following steps are taken when a standard threshold shift occurs: 15 citations
(A) Employees not using hearing protectors shall be fitted with hearing protectors, trained in their use and care, and required to use them. 1 citations
(B) Employees already using hearing protectors shall be refitted and retrained in the use of hearing protectors and provided with hearing protectors offering greater attenuation if necessary. 8 citations
(C) The employee shall be referred for a clinical audiological evaluation or an otological examination, as appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of the ear is caused or aggravated by the wearing of hearing protectors. 2 citations
(D) The employee is informed of the need for an otological examination if a medical pathology of the ear that is unrelated to the use of hearing protectors is suspected.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.95.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 4 |
| 2025 | 8 |
| 2026 | 3 |
Top states: TN (4), NY (3), WI (2), MA (2), MI (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| WD FLOORING LLC | LAONA, WI | $20,000 |
| QUARRYCUT INC. | PARKER FORD, PA | $3,296 |
| HUBER ENGINEERED WOODS LLC | SPRING CITY, TN | $2,100 |
| NASOYA FOODS USA, LLC | AYER, MA | $1,720 |
| THOMPSON APPALACHIAN HARDWOODS, INC. | HUNTLAND, TN | $0 |
Free toolbox talk
A 5-minute crew talk on 1910.95(g)(8)(ii), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1910.95(g)(8)(ii).
Related parts of this rule
- 1910.95(g) Audiometric testing program 437 citations
- 1910.95(g)(1) 227 citations
- 1910.95(g)(6) Annual audiogram 99 citations
- 1910.95(g)(5) Baseline audiogram 80 citations
- 1910.95(g)(5)(i) 72 citations
- 1910.95(g)(8) Follow-up procedures 25 citations
- 1910.95(g)(8)(i) 10 citations
- 1910.95(g)(7) Evaluation of audiogram 5 citations
- 1910.95(g)(7)(ii) 2 citations
- 1910.95(g)(3) 1 citations
- 1910.95(g)(7)(iii) 1 citations
- 1910.95(g)(5)(iii)
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 happens if a worker without hearing protection has a threshold shift?
They must be fitted with hearing protectors, trained in their use and care, and required to use them.
What if they already use hearing protectors?
They must be refitted and retrained, and given hearing protectors offering greater attenuation if necessary.
When is a medical referral required?
If additional testing is necessary, or if the employer suspects a medical pathology of the ear is caused or aggravated by wearing hearing protectors.
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.