Summary of comments and responses from the 45-day comment period ending on May 13, 2002
Employer's Report of Occupational Injury or Illness

The following is a Summary of Comments, received during the 45-Day Comment Period that ended on October 22, 2002, and Responses to those Comments. The source and date of the comment is provided along with the name and affiliation of the commenter.

No action has been taken by the Division of Labor Statistics and Research ("DLSR") to amend the proposed regulations as a result of the comments.

General Comment:

Terri Ray, Director of Health and Safety, International Paper

Source of Comment: Letter dated October 17, 2002.

Comment No. 1

The recording criteria for occupational hearing loss should be the 25 dB criterion that had been announced by federal OSHA in the Federal Register of October 12, 2001. Ms. Ray acknowledges that state plans are required to adopt substantially identical criteria.


As stated in the initial statement of reasons, on July 1, 2002 federal OSHA revised the criterion for recording occupational hearing loss in response to comments made to the proposal to use the 25 dB criterion. The revised criterion of 10 dB in either ear with a total threshold of 25 over audiometric zero, which OSHA identifies as the statistical average hearing threshold level of young adults with no history of aural pathology, was selected in their deliberation. Their reasoning is discussed in detail in CFR 67 number 126, July 1, 2002 pgs. 44037-44048. Since OSHA mandated that all state OSHA plans must adopt substantially identical criteria, the Division will implement the criterion as promulgated.

The Division thanks the commenter for expressing their concern, but respectfully declines to amend the proposal.

Oral Comments from the October 22, 2002 Hearing:


End of Summary of Comments and Responses to 45-Day Notice