[Federal Register Volume 62, Number 241 (Tuesday, December 16, 1997)]
[Proposed Rules]
[Page 65777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32709]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 62, 70, and 71

RIN-AA53


Health Standards for Occupational Noise Exposure in Coal, Metal 
and Nonmetal Mines

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rule; Availability of report.

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SUMMARY: This notice announces the availability of a report from the 
National Institute for Occupational Safety and Health (NIOSH) entitled 
``Prevalence of Hearing Loss For Noise-Exposed Metal/Nonmetal Miners.'' 
The report, which MSHA received on October 15, 1997, is cumulative 
evidence concerning the risk to metal and nonmetal miners of noise 
induced hearing loss (NIHL). The report is relevant to the magnitude of 
the risk of NIHL among miners. The Agency, therefore, will supplement 
the rulemaking record with this report and make it available to 
interested parties upon request.

ADDRESSES: Copies of the report are available from the Office of 
Standards, Regulations, and Variances, 703-235-1910.

FOR FURTHER INFORMATION CONTACT: Patricia W. Silvey, Director, MSHA, 
Office of Standards, Regulations, and Variances, 703-235-1910.

SUPPLEMENTARY INFORMATION: On December 17, 1996, MSHA published a 
proposed rule in the Federal Register (61 FR 66348) revising its health 
standards for occupational noise exposure in coal and metal and 
nonmetal mines. In this proposal, MSHA stated that current scientific 
evidence demonstrates that NIHL constitutes a serious hazard, that 
evidence exists of continuing harm to miners, and that MSHA standards 
no longer reflect experience and expert advice. The Agency concluded 
that regulatory action was necessary to address the continued excess 
risk of NIHL resulting from mining employment.
    MSHA evaluated evidence related to the risk to miners from exposure 
to harmful levels of noise, and evidence on the level of that risk. 
MSHA determined that with respect to mine safety and health, any 
definition of material impairment of hearing should relate to a 
permanent, measurable loss of hearing which, unchecked, will limit the 
ability to understand speech, as it is spoken in everyday social 
(noisy) conditions. This is because speech comprehension is essential 
for mine safety.
    The Agency reviewed the major studies on the level of risk at 
different noise exposures. The studies consistently indicated that the 
risk of developing a material impairment became significant over a 
working lifetime when workplace exposure exceeded average sound levels 
of 85 dBA. The data further indicated that while lowering exposure from 
an eight-hour time-weighted average (TWA8) of 90 dBA to one 
of 85 dBA did not eliminate the risk, it did reduce the risk by 
approximately half. MSHA also reviewed a large body of data on the 
effects of varying industrial sound levels on worker hearing. These 
studies were supportive of the same conclusion. The Agency also focused 
on the harm that can occur at lower sound levels by reviewing studies 
of workers in other countries.
    To confirm the magnitude of the risks of NIHL among miners, MSHA 
examined evidence of reported hearing loss among miners from a variety 
of sources audiometric data bases tracking hearing acuity among coal 
miners, individual commenter data, hearing loss data reported to MSHA, 
and workers' compensation data. MSHA also asked NIOSH to examine a body 
of audiometric data which tracked hearing acuity among coal miners and 
one which tracked hearing acuity among metal and nonmetal miners. NIOSH 
completed its analysis of the audiometric data on coal miners and 
issued a report to MSHA entitled ``Analysis of Audiograms for a Large 
Cohort of Noise-Exposed Miners,'' (Franks, 1996) which is a part of the 
existing rulemaking record.
    NIOSH has now issued its report to MSHA which analyzes audiometric 
data on metal and nonmetal miners. This report is entitled ``Prevalence 
of Hearing Loss For Noise-Exposed Metal/Nonmetal Miners.'' The NIOSH 
analysis supports the conclusion from earlier scientific studies that 
miners are losing their hearing sensitivity faster than the general 
population. It indicates that 49% of the male population of metal and 
nonmetal miners have a hearing impairment by age 50 as compared with 
only 9% of the general population.
    The report is available to interested members of the public and may 
be obtained upon request by electronic mail, fax, phone, or mail as 
follows: (1) Electronic mail: [email protected], (2) Fax: MSHA, Office 
of Standards, Regulations, and Variances, 703-235-5551, (3) Phone: 
Patricia W. Silvey, 703-235-1910, and (4) Mail: Mine Safety and Health 
Administration, Office of Standards, Regulations, and Variances, 4015 
Wilson Boulevard, Room 631, Arlington, VA 22203-1984.

    Dated: December 9, 1997.
J. Davitt McAteer,
Assistant Secretary for Mine Safety and Health.
[FR Doc. 97-32709 Filed 12-15-97; 8:45 am]
BILLING CODE 4510-43-P