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What you say? Headphones, earbuds, and OSHA standards

January 2020 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

Whether used for air travel, at sporting events, or during workouts at the gym, the popularity of headphones and earbuds has spread rapidly. But are they appropriate for the workplace? Prompted by an employer's questions, the Occupational Safety and Health Administration (OSHA) addressed headphone use by employees while on the job.

Specifically, employees of a construction company were wearing headphones with noise-limiting capabilities while working. Some were marked “OSHA approved” for use in the workplace. When the employer inquired whether there were regulations covering the use of headphones to listen to music at the jobsite, OSHA weighed in on a number of issues.

Headphones: protection or distraction?

For construction sites, federal regulations set maximum, permissible noise limits. If noise levels at a site exceed the maximum limits, the employer is responsible for providing its employees with ear-protective devices. According to OSHA, music headphones generally are “not a substitute for hearing protection.” Further, the agency doesn't endorse commercial products. It advised the employer any claim by a manufacturer that its music headphones were “OSHA approved” was misleading.

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