OSHA letter: Portable headphones could be “safety hazard”

OSHA issued a letter of interpretation in response to an employers question regarding the use of headphones to listen to music on construction sites. The employer stated that some headphones are advertised as “OSHA approved” and asked whether OSHA had any specific regulation that prohibits the use of headphones to listen to music on a construction site. While OSHA does not have a regulation prohibiting the use of headphones, the letter outlines several hazards and issues that employers should consider.

First, the letter advised that OSHA has a construction standard that sets noise exposure limits and that, if those limits are exceeded, the employee must provide hearing protection to reduce noise levels below the exposure limits. OSHA clarified that portable music players are not a substitute for proper hearing protection.

Next, the letter states that while headphones may be allowed at the employer’s discretion, employers must consider whether the use “creates or augments other hazards apart from noise.” OSHA was particularly concerned with the possibility that listening to music through headphones may expose employees working on construction sites to struck-by hazards. OSHA stated that employers must “ensure that employees are not exposed to struck-by hazards while performing their work. Listening to music may produce a safety hazard by masking environmental sounds that need to be heard, especially on active construction sites where attention to moving equipment, heavy machinery, vehicle traffic, and safety warning signals may be compromised.”

Finally, OSHA addressed the issue of headphones being advertised as “OSHA approved” by clarifying that “OSHA does not register, certify, approve, or otherwise endorse commercial or private sector entities, products, or services.”

The key takeaway from the letter is that employers must address employee use of headphones to listen to music on the worksite, even if there is not specific OSHA standard prohibiting it. If the use of headphones would expose employees to potential hazards, such as the struck-by hazards described in OSHA’s letter, employers could still be liable for a violation of the general duty clause. Given this, employers should evaluate their worksites and determine whether a policy prohibiting the listening to music on the job is appropriate.

Source: Associated General Contractor

Similar Posts

  • The 5 Best Tech Opportunities for Construction Companies

    FacebookXRedditPinterestEmailLinkedInWhatsApp Construction has been one of the slowest industries to adopt technology. That’s partly cultural—folks in the industry like to solve problems with their own ingenuity. Many firms are still family owned, and there’s still a lot reverence for tradition. Plus, this is an industry with thin margins, where the first funding priorities are equipment and…

  • It’s Time to Expand in the Great State of Texas

    FacebookXRedditPinterestEmailLinkedInWhatsApp Look out California, Texas is now the top state to do business in, and for Minority, Women and Veteran-Owned Businesses, that means it is time to expand! Why are companies leaving California? A recent study by Joseph Vranich from Spectrum Location Solutions showed that from 2008 to 2016 more than 13,000 businesses left California…

  • U.S. Department of Labor to Offer Online Prevailing Wage Seminars in September for Employers, Works and Other Stakeholders

    FacebookXRedditPinterestEmailLinkedInWhatsApp The U.S. Department of Labor’s Wage and Hour Division (WHD) announced today that it is offering online seminars in September to provide compliance assistance on the legal requirements to pay prevailing wages on federal and federally funded contracts for contracting agencies, contractors, unions, workers and other stakeholders. The events are part of an ongoing…

  • OSHA Enforcement and Compliance Increases in 2019 To Keep America’s Workforce Safe

    FacebookXRedditPinterestEmailLinkedInWhatsApp The U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) fiscal year (FY) 2019 final statistics show a significant increase in the number of inspections and a record amount of compliance assistance to further the mission of ensuring that employers provide workplaces free of hazards. OSHA’s enforcement activities reflect the Department’s continued focus…

  • The other fatal 4: report warns of less-considered major construction health hazards

    FacebookXRedditPinterestEmailLinkedInWhatsApp Ask anyone familiar with construction hazards, and you’ll likely hear about those on OSHA’s Top 10 Safety Violations annual list or the agency’s Fatal Four — falls, struck-by incidents, electrocutions and caught-in-between accidents. The danger of falls, in particular, has garnered the industry’s attention as the most common cause of accidental construction injuries and deaths. And the agency…