March 26, 1984

MEMORANDUM FOR:  GILBERT J. SAULTER
                 Regional Administrator
                 Region VI

ATTN:            HERBERT M. KURTZ
                 ARA for Technical Support
                 Region VI

THRU:            JOHN B. MILES
                 Director
                 Directorate of Field Operations

FROM:            EDWARD J. BAIER
                 Director
                 Directorate of Technical Support

SUBJECT:         Interpretation of Hearing Conservation Amendment: Your
                 Memorandum of February 14, 1984 Regarding Ms. Anne Zufelt
                 and The Valley Rehabilitation and Treatment Center, Inc.

Your assessment of the situation is correct. It is imperative that a baseline audiogram be established or be attempted to be established for each employee. Medical referrals should be made on the basis of this audiogram and other supporting evidence such as an otoscopic examination.

February 14, 1984

MEMORANDUM FOR:  EDWARD J. BAIER
                 Director
                 Directorate of Technical Support

THRU:            JOHN B. MILES, JR.
                 Director
                 Directorate of Field Operations

FROM:            GILBERT J. SAULTER
                 Regional Administrator

SUBJECT:         Interpretation of Hearing Conservation Amendment

I have received a request for assistance on the 29 CFR 1910.95(c)-(p) Hearing Conservation Amendment from Ms. Anne Zufelt of The Valley Rehabilitation and Treatment Center, Inc. In the attached correspondence Ms. Zufelt indicates that an otoscopic examination is taken before any audiometric test is administered. If there are abnormalities; i.e., impacted wax, perforation, infection, then the employee is instructed to go to an ear specialist. The audiometric test is not administered until the employee has seen a specialist and has a release from the specialist.

Ms. Zufelt further indicates that many employees refuse to go to the specialist because the employer will not pay for the exam and they do not have the money.

It is my feeling that the purpose of the baseline and annual examination is to establish the hearing threshold of the employee. Even if there is a medical problem such as a perforation, the hearing level must be established to document future improvement or changes. A medical referral should be made on the basis of the audiogram and other supporting evidence such as an otoscopic examination.

Your assistance in resolving this matter will be appreciated. Please forward a copy of your response to the attention of Herbert M. Kurtz, Assistant Regional Administrator for Technical Support.