OSHA 1926.101(a): hearing protection
Under 29 CFR 1926.101(a), wherever it is not feasible to reduce noise levels or exposure duration to those in Table D-2 of 1926.52, ear protective devices must be provided and used. Under 1926.52(b), feasible engineering or administrative controls come first.
Official text
(a) Wherever it is not feasible to reduce the noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposures, in § 1926.52, ear protective devices shall be provided and used.Read the full section on eCFR
(b) When employees are subjected to sound levels exceeding those listed in Table D-2 of this section, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of the table, personal protective equipment as required in subpart E, shall be provided and used to reduce sound levels within the levels of the table.Read the full section on eCFR
(b) Ear protective devices inserted in the ear shall be fitted or determined individually by competent persons. (c) Plain cotton is not an acceptable protective device.Read the full section on eCFR
What it requires, in plain English
- When sound levels exceed Table D-2 of 1926.52, feasible administrative or engineering controls must be used first.
- If controls do not bring sound levels within the table, hearing protection must be provided and used.
- Earplugs inserted in the ear must be fitted or determined individually by competent persons.
- Plain cotton is not an acceptable protective device.
Where it shows up on site
- Jackhammering or concrete saw cutting with no hearing protection
- Workers near generators, compressors or pile driving without earplugs
- Earplugs handed out but hanging around necks instead of inserted
Verify on site before you call it
A photo rarely shows every fact a standard depends on. Confirm these in person before treating the condition as a violation:
- Has the sound level or noise dose been measured for this task and location?
- How long are workers exposed during the shift, and to what mix of noise levels?
- Have feasible engineering or administrative controls been tried first?
- Who fitted the earplugs, and is the type provided suitable for the worker?
Typical corrective actions
- Measure noise at the task and compare the exposure with Table D-2 in 1926.52.
- Apply feasible controls such as quieter equipment, mufflers, distance, or rotating workers.
- Provide hearing protection where controls do not bring exposure within the table, and have earplugs fitted individually.
- Post hearing protection areas around loud equipment and check use during the shift.
Common questions
When is hearing protection required in construction?
When sound levels exceed Table D-2 of 1926.52 and feasible engineering or administrative controls do not reduce them within the table. 1926.101(a) then requires ear protective devices to be provided and used.
Can workers use cotton in their ears?
No. 1926.101(c) states that plain cotton is not an acceptable protective device, and 1926.101(b) requires inserted earplugs to be fitted or determined individually by competent persons.
Turn the observation into a notice
Record what the photo shows, confirm the on-site checks above, and identify the responsible company and due date. Use the fillable construction safety notice template or follow aworked example from observation to verified fix. Cirqify can draft the notice from your circled photo for you to review.
Related standards
This guide summarizes federal OSHA construction standards for general information. It is not legal advice. States with their own OSHA-approved plans may set different or additional requirements; see federal and state coverage.