This post contains affiliate links. We may earn a commission if you make a purchase — at no extra cost to you.

New Department of Labor Rule on Hearing Loss Testing: What Small Business Owners Need to Know

The U.S. Department of Labor has recently proposed significant updates to hearing loss testing standards under the Longshore and Harbor Workers’ Compensation Act (LHWCA). If your business operates in maritime, port, or longshore industries, this regulatory change could directly impact your workers’ compensation claims process and employee health protocols.

Understanding the New LHWCA Hearing Loss Testing Rule

The Department of Labor’s Workers’ Compensation Programs Office has issued a proposed rule to modernize quality standards for hearing loss testing under LHWCA. Currently, the program relies primarily on traditional audiograms and the American Medical Association’s Guides to the Evaluation of Permanent Impairment for assessing hearing damage claims.

The new regulation considers incorporating objective testing methods such as Auditory Brainstem Response (ABR), Auditory Steady State Response (ASSR), and Otoacoustic Emissions (OAE) testing. These advanced technologies offer potentially more reliable and objective measurements of hearing loss compared to conventional audiogram testing, which can sometimes be influenced by patient cooperation and subjective responses.

Which Businesses Are Affected by This Rule

This regulatory update primarily affects employers in longshore and harbor industries, including port facilities, maritime operations, shipping companies, and related marine industries. If your business employs workers covered under LHWCA—particularly those exposed to occupational noise hazards—your organization will need to understand these new testing standards.

Even if you operate outside maritime industries, the changes may influence broader workers’ compensation best practices across sectors with noise exposure risks, including construction, manufacturing, and industrial operations.

What Employers Must Do to Comply

Compliance with the updated hearing loss testing standards requires several key actions. First, employers must familiarize themselves with the new testing methodologies and understand how objective testing compares to traditional audiograms. Second, you’ll need to ensure your occupational health service providers and audiologists are trained in administering these new testing methods when required. Finally, update your workers’ compensation claims procedures and medical evaluation protocols to align with the new standards once the rule is finalized.

Documentation is critical throughout this process. Maintaining accurate records of all hearing tests, medical evaluations, and compliance measures protects both your employees and your organization.

Three Practical Compliance Steps for Your Business

Step 1: Review Your Current Hearing Testing Protocols

Audit your existing occupational health programs and hearing conservation procedures. Identify which employees undergo hearing testing and ensure your current protocols meet or exceed proposed standards. Document everything meticulously using BambooHR HR software, which helps centralize employee health and compliance documentation.

Step 2: Update Your Employment Agreements and Health Policies

Review your employment agreements and occupational health policies to reflect the new testing standards. LegalZoom employment agreements can help you create or update templates that address hearing testing and workers’ compensation requirements specific to your industry.

Step 3: Partner with Updated Medical Service Providers

Contact your occupational health providers and verify they can administer both traditional and objective hearing tests. Establish clear protocols for which testing methods apply to different employee roles and exposure levels, and ensure your medical partners understand the updated LHWCA requirements.

Looking Ahead

This proposed rule represents the Department of Labor’s commitment to modernizing workers’ compensation standards based on current medical technology. By proactively reviewing your compliance posture now, you’ll be better positioned when these regulations take effect.

Small business owners and HR managers should stay informed about the public comment period and final rule publication to ensure their organizations transition smoothly to new standards.