49 CFR Part 227 — Occupational Safety and Health in the Locomotive Cab

PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. Source: 71 FR 63123, Oct. 27, 2006, unless otherwise noted. Subpart A—General § 227.1 Purpose and scope. (a) General. (b) Subpart B of this part. (c) Subpart C of this part. [89 FR 5130, Jan. 26, 2024] § 227.3 Application. (a) Except as provided in paragraph (b) of this section, subpart B of this part applies to all railroads and contractors to railroads. (b) Subpart B of this part does not apply to— (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; (2) A rapid transit operation in an urban area that is not connected to the general railroad system of transportation; (3) A rapid transit operation in an urban area that is connected to the general system and operates under a shared use waiver; (4) A railroad that operates tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or (5) Foreign railroad operations that meet the following conditions: Employees of the foreign railroad have a primary reporting point outside of the U.S. but are operating trains or conducting switching operations in the U.S.; and the government of that foreign railroad has implemented requirements for hearing conservation for railroad employees; the foreign railroad undertakes to comply with those requirements while operating within the U.S.; and FRA's Associate Administrator for Railroad Safety/Chief Safety Officer determines that the foreign requirements are consistent with the purpose and scope of subpart B of this part. A “foreign railroad” refers to a railroad that is incorporated in a place outside the U.S. and is operated out of a foreign country but operates for some distance in the U.S. (c) Except as provided in paragraph (d) of this section, subpart C of this part applies to any railroad that operates a freight train that transports a PIH material, including a residue of such a PIH material, on standard gage track that is part of the general railroad system of transportation. (d) Subpart C of this part does not apply to a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation. [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5131, Jan. 26, 2024] § 227.5 Definitions. As used in this part— Accident/incident Action level Administrator Artifact Associate Administrator for Railroad Safety/Chief Safety Officer Atmosphere immediately dangerous to life or health (IDLH) Atmosphere-supplying device Audiogram Audiologist (1) Has a Master's degree or doctoral degree in audiology and (2) Is licensed as an audiologist by a State; or in the case of an individual who furnishes services in a State which does not license audiologists, has successfully completed 350 clock hours of supervised clinical practicum (or is in the process of accumulating such supervised clinical experience), performed not less than 9 months of supervised full-time audiology services after obtaining a master's or doctoral degree in audiology or a related field, and successfully completed a national examination in audiology approved by the Secretary of the U.S. Department of Health and Human Services. Audiometry Baseline audiogram Class I, Class II, and Class III railroads Continuous noise Deadheading Decibel (dB) dB(A) Division headquarters e.g., Emergency escape breathing apparatus EEBA Employee Exchange rate FRA Freight car (1) Box car; (2) Refrigerator car; (3) Ventilator car; (4) Stock car; (5) Gondola car; (6) Hopper car; (7) Flat car; (8) Special car; (9) Caboose; (10) Tank car; and (11) Yard car. Freight train Hazardous material Hazmat employee Hearing protector Hertz (Hz) In service in-service (1) Is in a repair shop or on a repair track; (2) Is on a storage track and its cars are empty; or (3) Has been delivered in interchange but has not been accepted by the receiving carrier. Intermodal container ISO Medical pathology NIOSH Noise operational controls Occasional service Otolaryngologist Periodic audiogram Person PIH material Professional Supervisor of the Audiometric Monitoring Program Qualified Technician Railroad (1) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads. The term “railroad” is also intended to mean a person that provides transportation by railroad, whether directly or by contracting out operation of the railroad to another person. The term does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. Representative personal sampling Residue Sound level or Sound pressure level http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Standard threshold shift (STS) State Switching service System headquarters Time-weighted-average eight-hour (or 8-hour TWA) Tourist, scenic, historic, or excursion operations Train employee United States [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009; 89 FR 5131, Jan. 26, 2024; 90 FR 28126, July 1, 2025] § 227.7 [Reserved] § 227.9 Penalties. (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ (b) Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. [71 FR 63123, Oct. 27, 2006, as amended at 73 FR 79702, Dec. 30, 2008; 77 FR 24421, Apr. 24, 2012; 81 FR 43110, July 1, 2016; 82 FR 16133, Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37073, July 31, 2019; 86 FR 1758, Jan. 11, 2021; 86 FR 23254, May 3, 2021; 87 FR 15868, Mar. 21, 2022; 88 FR 1127, Jan. 6, 2023; 88 FR 89562, Dec. 28, 2023; 89 FR 106296, Dec. 30, 2024; 90 FR 28160, July 1, 2025] § 227.11 Responsibility for compliance. Although the duties imposed by this part are generally stated in terms of the duty of a railroad, any person, including a contractor for a railroad, who performs any function covered by this part must perform that function in accordance with this part. § 227.13 Waivers. (a) A person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. Subpart B—Occupational Noise Exposure for Railroad Operating Employees. § 227.101 Scope and applicability. (a) This subpart shall apply to the noise-related working conditions of— (1) Any person who regularly performs service subject to the provisions of the hours of service laws governing “train employees” (see 49 U.S.C. 21101(5) and 21103), but, subject to a railroad's election in paragraph (a)(3) of this section, does not apply to: (i) Employees who move locomotives only within the confines of locomotive repair or servicing areas, as provided in §§ 218.5 and 218.29(a) of this chapter, or (ii) Employees who move a locomotive or group of locomotives for distances of less than 100 feet and this incidental movement of a locomotive or locomotives is for inspection or maintenance purposes, or (iii) Contractors who operate historic equipment in occasional service, provided that the contractors have been provided with hearing protectors and, where necessary, are required to use the hearing protectors while operating the historic equipment; (2) Any direct supervisor of the persons described in paragraph (a)(1) of this section whose duties require frequent work in the locomotive cab; and (3) At the election of the railroad, any other person (including a person excluded by paragraph (a)(1) of this section) whose duties require frequent work in the locomotive cab and whose primary noise exposure is reasonably expected to be experienced in the cab, if the position occupied by such person is designated in writing by the railroad, as required by § 227.121(d). (b) Occupational noise exposure and hearing conservation for employees not covered by this subpart is governed by the appropriate occupational noise exposure regulation of the U.S. Department of Labor, Occupational Safety and Health Administration located at 29 CFR 1910.95. § 227.103 Noise monitoring program. (a) Schedule. (1) Class I, passenger, and commuter railroads no later than February 26, 2008. (2) Railroads with 400,000 or more annual employee hours that are not Class I, passenger, or commuter railroads no later than August 26, 2008. (3) Railroads with fewer than 400,000 annual employee hours no later than August 26, 2009. (b) Sampling strategy. (2) Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the railroad shall use representative personal sampling to comply with the monitoring requirements of this section, unless the railroad can show that area sampling produces equivalent results. (c) Noise measurements. (2) Noise measurements shall be made under typical operating conditions using: (i) A sound level meter conforming, at a minimum, to the requirements of ANSI S1.4-1983 (Reaffirmed 2001) (incorporated by reference, see § 227.103(h)), Type 2, and set to an A-weighted SLOW response; (ii) An integrated sound level meter conforming, at a minimum, to the requirements of ANSI S1.43-1997 (Reaffirmed 2002) (incorporated by reference, see § 227.103(h)), Type 2, and set to an A-weighted slow response ; or (iii) A noise dosimeter conforming, at a minimum, to the requirements of ANSI S1.25-1991 (Reaffirmed 2002) (incorporated by reference, see § 227.103(h)) and set to an A-weighted SLOW response. (3) All instruments used to measure employee noise exposure shall be calibrated to ensure accurate measurements. (d) The railroad shall repeat noise monitoring, consistent with the requirements of this section, whenever a change in operations, process, equipment, or controls increases noise exposures to the extent that: (1) Additional employees may be exposed at or above the action level; or (2) The attenuation provided by hearing protectors being used by employees may be inadequate to meet the requirements of § 227.103. (e) In administering the monitoring program, the railroad shall take into consideration the identification of work environments where the use of hearing protectors may be omitted. (f) Observation of monitoring. (g) Reporting of monitoring results. (2) The railroad shall post the monitoring results at the appropriate crew origination point for a minimum of 30 days. The posting should include sufficient information to permit other crews to understand the meaning of the results in the context of the operations monitored. (h) Incorporation by reference. http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) ANSI S1.4-1983 (Reaffirmed 2001), Specification for Sound Level Meters, incorporation by reference (IBR) approved for § 227.103(c)(2)(i). (2) ANSI S1.43-1997 (Reaffirmed 2002), Specifications for Integrating-Averaging Sound Level Meters, IBR approved for § 227.103(c)(2)(ii). (3) ANSI S1.25-1991 (Reaffirmed 2002), Specification for Personal Noise Dosimeters, IBR approved for § 227.103(c)(2)(iii). [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009; 89 FR 5132, Jan. 26, 2024] § 227.105 Protection of employees. (a) A railroad shall provide appropriate protection for its employees who are exposed to noise, as measured according to § 227.103, that exceeds the limits specified in appendix A of this part. (b) In assessing whether exposures exceed 115 dB(A), as set forth in paragraph (a) of this section and appendix A to this part, the apparent source of the noise exposures shall be observed and documented and measurement artifacts may be removed. (c) Except as set forth in paragraph (d) of this section, exposure to continuous noise shall not exceed 115dB(A). (d) Exposures to continuous noise greater than 115 dB(A) and equal to or less than 120 dB(A) are permissible, provided that the total daily duration does not exceed 5 seconds. § 227.107 Hearing conservation program. (a) Consistent with the requirements of the noise monitoring program required by § 227.103, the railroad shall administer a continuing, effective hearing conservation program, as set forth in §§ 227.109 through 227.121, for all employees exposed to noise at or above the action level. (b) For purposes of the hearing conservation program, employee noise exposure shall be computed in accordance with the tables in appendix A of this part, and without regard to any attenuation provided by the use of hearing protectors. § 227.109 Audiometric testing program. (a) Each railroad shall establish and maintain an audiometric testing program as set forth in this section and include employees who are required to be included in a hearing conservation program pursuant to § 227.107. (b) Cost. (c) Tests. (1) An audiologist, otolaryngologist, or other physician who has experience and expertise in hearing and hearing loss; or (2) A qualified technician. (d) [Reserved] (e) Baseline audiogram. (1) New employees. (ii) Where mobile test vans are used to meet the requirement in paragraph (e)(1)(i), the railroad shall establish a valid baseline audiogram within one year of the new employee's first tour of duty. (2) Existing employees. (ii) If an employee has had a baseline audiogram as of February 26, 2007, and it was obtained under conditions that satisfy the requirements found in 29 CFR 1910.95(h), the railroad must use that baseline audiogram. (iii) If the employee has had a baseline audiogram as of February 26, 2007, and it was obtained under conditions that satisfy the requirements in 29 CFR 1910.95(h)(1), but not the requirements found in 29 CFR 1910.95(h)(2) through (5), the railroad may elect to use that baseline audiogram provided that the Professional Supervisor of the Audiometric Monitoring Program makes a reasonable determination that the baseline audiogram is valid and is clinically consistent with other materials in the employee's medical file. (3) Testing to establish a baseline audiogram shall be preceded by at least 14 hours without exposure to occupational noise in excess of the action level. Hearing protectors may be used as a substitute for the requirement that baseline audiograms be preceded by 14 hours without exposure to occupational noise. (4) The railroad shall notify its employees of the need to avoid high levels of non-occupational noise exposure during the 14-hour period immediately preceding the audiometric examination. (f) Periodic audiogram. (2) The railroad shall require each employee included in the hearing conservation program to take an audiometric test at least once every 1095 days. (g) Evaluation of audiogram. (2) If the periodic audiogram demonstrates a standard threshold shift, a railroad may obtain a retest within 90 days. The railroad may consider the results of the retest as the periodic audiogram. (3) The audiologist, otolaryngologist, or physician shall review problem audiograms and shall determine whether there is a need for further evaluation. A railroad shall provide all of the following information to the person performing this review: (i) The baseline audiogram of the employee to be evaluated; (ii) The most recent audiogram of the employee to be evaluated; (iii) Measurements of background sound pressure levels in the audiometric test room as required in appendix D of this part: Audiometric Test Rooms; and (iv) Records of audiometer calibrations required by § 227.111. (h) Follow-up procedures. (2) Unless a physician or audiologist determines that the standard threshold shift is not work-related or aggravated by occupational noise exposure, the railroad shall ensure that the following steps are taken: (i) Employees not using hearing protectors shall be fitted with hearing protectors, shall be trained in their use and care, and shall be required to use them. (ii) Employees already provided with hearing protectors shall be refitted, shall be retrained in the use of hearing protectors offering greater attenuation, if necessary, and shall be required to use them. (iii) If subsequent audiometric testing is necessary or if the railroad suspects that a medical pathology of the ear is caused or aggravated by the wearing of hearing protectors, the railroad shall refer the employee for a clinical audiological evaluation or an otological examination. (iv) If the railroad suspects that a medical pathology of the ear unrelated to the use of hearing protectors is present, the railroad shall inform the employee of the need for an otological examination. (3) If subsequent audiometric testing of an employee, whose exposure to noise is less than an 8-hour TWA of 90 dB, indicates that a standard threshold shift is not persistent, the railroad shall inform the employee of the new audiometric interpretation and may discontinue the required use of hearing protectors for that employee. (i) Revised baseline. (1) Periodic audiograms from audiometric tests conducted through February 26, 2009, may be substituted for the baseline measurement by the Professional Supervisor of the Audiometric Monitoring Program who is evaluating the audiogram if: (i) The standard threshold shift revealed by the audiogram is persistent; or (ii) The hearing threshold shown in the periodic audiogram indicates significant improvement over the baseline audiogram. (2) Baseline audiograms from audiometric tests conducted after February 26, 2009, shall be revised in accordance with the method specified in appendix C of this part: Audiometric Baseline Revision. (j) Standard threshold shift. [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5132, Jan. 26, 2024] § 227.111 Audiometric test requirements. (a) Audiometric tests shall be pure tone, air conduction, hearing threshold examinations, with test frequencies including 500, 1000, 2000, 3000, 4000, 6000, and 8000 Hz. Tests at each frequency shall be taken separately for each ear. (b) Audiometric tests shall be conducted with audiometers (including microprocessor audiometers) that meet the specifications of and are maintained and used in accordance with ANSI S3.6-2004 “Specification for Audiometers.” The Director of the Federal Register approves the incorporation by reference of this standard in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated standard from the American National Standards Institute at 1819 L Street, NW., Washington, DC 20036 or http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Pulsed-tone audiometers should be used with the following on and off times: F-J and J-K shall each have values of 225 ±35 milliseconds (ms). (2) Use of insert earphones shall be consistent with the requirements listed in appendix E of this part: Use of Insert Earphones for Audiometric Testing. (c) Audiometric examinations shall be administered in a room meeting the requirements listed in appendix D of this part: Audiometric Test Rooms. (d) Audiometer calibration. (2) Audiometer calibration shall be checked acoustically at least annually according to the procedures described in ANSI S3.6-2004. Frequencies below 500 Hz and above 8000 Hz may be omitted from this check. The audiometer must meet the sound pressure accuracy requirements of section 7.2 of ANSI S3.6-2004 of 3 dB at any test frequency between 500 and 5000 Hz and 5 dB at any test frequency 6000 Hz and higher for the specific type of transducer used. For air-conduction supra-aural earphones, the specifications in Table 6 of ANSI S3.6-2004 shall apply. For air-conduction insert earphones, the specifications in Table 7 of ANSI S3.6-2004 shall apply. Audiometers that do not meet these requirements must undergo an exhaustive calibration. (3) Exhaustive Calibration. An exhaustive calibration shall be performed in accordance with ANSI S3.6-2004, according to the following schedule: (i) At least once every two years on audiometers not used in mobile test vans. Test frequencies below 500 Hz and above 6000 Hz may be omitted from this calibration. (ii) At least annually on audiometers used in mobile test vans. [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009] § 227.113 Noise operational controls. (a) Railroads may use noise operational controls at any sound level to reduce exposures to levels below those required by Table A-1 of appendix A of this part. (b) Railroads are encouraged to use noise operational controls when employees are exposed to sound exceeding an 8-hour TWA of 90 dB(A). § 227.115 Hearing protectors. (a) General requirements for hearing protectors. (2) The railroad shall replace hearing protectors as necessary. (3) When offering hearing protectors, a railroad shall consider an employee's ability to understand and respond to voice radio communications and audible warnings. (4) The railroad shall give employees the opportunity to select their hearing protectors from a variety of suitable hearing protectors. The selection shall include devices with a range of attenuation levels. (5) The railroad shall provide training in the use and care of all hearing protectors provided to employees. (6) The railroad shall ensure proper initial fitting and supervise the correct use of all hearing protectors. (b) Availability of hearing protectors. (c) Required use at action level. (1) Not yet had a baseline audiogram established pursuant to § 227.109; or (2) Experienced a standard threshold shift and is required to use hearing protectors under § 227.109(h). (d) Required use for TWA of 90 dB(A). § 227.117 Hearing protector attenuation. (a) A railroad shall evaluate hearing protector attenuation for the specific noise environments in which the protector will be used. The railroad shall use one of the evaluation methods described in appendix B of this part; “Methods for Estimating the Adequacy of Hearing Protector Attenuation.” (b) Hearing protectors shall attenuate employee exposure to an 8-hour TWA of 90 decibels or lower, as required by § 227.115. (c) For employees who have experienced a standard threshold shift, hearing protectors must attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or lower. (d) The adequacy of hearing protector attenuation shall be re-evaluated whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. A railroad shall provide more effective hearing protectors where necessary. § 227.119 Training program. (a) The railroad shall institute an occupational noise and hearing conservation training program for all employees included in the hearing conservation program. (1) The railroad shall offer the training program to each employee included in the hearing conservation program at least once each calendar year. The interval between the date offered to any employee for the training in a calendar year and the date offered in the subsequent calendar year shall be no more than 450 days and no less than 280 days. (2) The railroad shall require each employee included in the hearing conservation program to complete the training at least once every 1095 days. (b) The railroad shall provide the training required by paragraph (a) of this section in accordance with the following: (1) For employees hired after February 26, 2007, within six months of the employee's first tour of duty in a position identified within the scope of this part. (2) For employees hired on or before February 26, 2007, by Class I, passenger, and commuter railroads, and railroads with 400,000 or more annual employee hours, by no later than February 26, 2009; (3) For employees hired on or before February 26, 2007, by railroads with fewer than 400,000 annual employee hours, by no later than February 26, 2010. (c) The training program shall include and the training materials shall reflect, at a minimum, information on all of the following: (1) The effects of noise on hearing; (2) The purpose of hearing protectors; (3) The advantages, disadvantages, and attenuation of various types of hearing protectors; (4) Instructions on selection, fitting, use, and care of hearing protectors; (5) The purpose of audiometric testing, and an explanation of the test procedures; (6) An explanation of noise operational controls, where used; (7) General information concerning the expected range of workplace noise exposure levels associated with major categories of railroad equipment and operations ( e.g. (8) The purpose of noise monitoring and a general description of monitoring procedures; (9) The availability of a copy of this part, an explanation of the requirements of this part as they affect the responsibilities of employees, and employees' rights to access records under this part; (10) How to determine what can trigger an excessive noise report, pursuant to § 229.121(b); and (11) How to file an excessive noise report, pursuant to § 229.121(b). [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5132, Jan. 26, 2024] § 227.121 Recordkeeping. (a) General requirements Availability of records. (i) Make all records available for inspection and copying/photocopying to representatives of the FRA, upon request; (ii) Make an employee's records available for inspection and copying/photocopying to that employee, former employee, or such person's representative upon written authorization by such employee; (iii) Make exposure measurement records for a given run or yard available for inspection and copying/photocopying to all employees who were present in the locomotive cab during the given run and/or who work in the same yard; and (iv) Make exposure measurement records for specific locations available to regional or national labor representatives, upon request. These reports shall not contain identifying information of an employee unless an employee authorizes the release of such information in writing. (2) Electronic records. (i) The electronic system be designed so that the integrity of each record is maintained through appropriate levels of security such as recognition of an electronic signature, or other means, which uniquely identify the initiating person as the author of that record. No two persons shall have the same electronic identity; (ii) The electronic system shall ensure that each record cannot be modified in any way, or replaced, once the record is transmitted and stored; (iii) Any amendment to a record shall be electronically stored apart from the record which it amends. Each amendment to a record shall be uniquely identified as to the person making the amendment; (iv) The electronic system shall provide for the maintenance of records as originally submitted without corruption or loss of data; and (v) Paper copies of electronic records and amendments to those records, that may be necessary to document compliance with this part shall be made available for inspection and copying/photocopying by representatives of the FRA. (3) Transfer of records. (b) Exposure measurements records. (1) Maintain an accurate record of all employee exposure measurements required by § 227.103; and (2) Retain these records for the duration of the covered employee's employment plus thirty years. (c) Audiometric test records. (1) Maintain employee audiometric test records required by § 227.109, including: (i) The name and job classification of the employee; (ii) The date of the audiogram; (iii) The examiner's name; (iv) The date of the last acoustic or exhaustive calibration of the audiometer; (v) Accurate records of the measurements of the background sound pressure levels in audiometric test rooms; (vi) The model and serial number of the audiometer used for testing; and (2) Retain the records required by § 227.107 for the duration of the covered employee's employment plus thirty years. (d) Positions and persons designated records. (1) Maintain a record of all positions or persons or both designated by the railroad to be placed in a Hearing Conservation Program pursuant to § 227.107; and (2) Retain these records for the duration of the designation. (e) Training program materials records. (1) Maintain copies of all training program materials used to comply with § 227.119(c) and a record of employees trained; and (2) Retain these copies and records for three years. (f) Standard threshold shift records. (1) Maintain a record of all employees who have been found to have experienced a standard threshold shift within the prior calendar year and include all of the following information for each employee on the record: (i) Date of the employee's baseline audiogram; (ii) Date of the employee's most recent audiogram; (iii) Date of the establishment of a standard threshold shift; (iv) The employee's job code; and (v) An indication of how many standard threshold shifts the employee has experienced in the past, if any; and (2) Retain these records for five years. Subpart C—Emergency Escape Breathing Apparatus Standards Source: 89 FR 5132, Jan. 26, 2024, unless otherwise noted. § 227.201 Criteria for requiring availability of EEBAs in the locomotive cab. (a) In general. (A) Any train employee; (B) Any direct supervisor of the train employee; (C) Any employee who is deadheading; and (D) Any other employee designated by the railroad in writing and at the discretion of the railroad. (ii) Each EEBA provided to an employee identified in paragraph (a)(1)(i) of this section must meet the EEBA-selection criteria of § 227.203 and must have been inspected and be in working order pursuant to the requirements of § 227.207 at the time that the EEBA is provided to the employee. (2) Except as specified in paragraph (b) of this section, a railroad shall not use a locomotive to transport a PIH material, including a residue of a PIH material, in an in-service freight train unless each of the employees identified in paragraph (a)(1)(i) of this section while occupying a locomotive cab of the train has access to an EEBA that satisfies the EEBA selection criteria in § 227.203 and that has been inspected and is in working order pursuant to the requirements in § 227.207. (b) Exceptions. (2) This subpart does not apply to any of the following: (i) Employees who are moving a locomotive or group of locomotives coupled to a car or group of cars transporting a PIH material, including a residue of a PIH material, only within the confines of a locomotive repair or servicing area. (ii) Employees who are moving a locomotive or group of locomotives coupled to a car or group of cars transporting a PIH material, including a residue of a PIH material for distances of less than 100 feet for inspection or maintenance purposes. (c) Employee misconduct. § 227.203 Criteria for selecting EEBAs. In selecting the appropriate EEBA to provide to an employee, the railroad shall do the following: (a) Select an atmosphere-supplying EEBA that protects against all PIH materials (including their residue) that are being transported by the freight train while in service. (b) Ensure that the type of respirator selected meets the requirements of paragraph (c)(1) of this section regarding minimum breathing capacity and is— (1) Certified for an escape only purpose by NIOSH pursuant to 42 CFR part 84; or (2) Declared by the manufacturer, based on verifiable testing by the manufacturer or an independent third party, to meet the criteria established by one of the following: (i) ISO 23269-1:2008 (incorporated by reference, see § 227.219); (ii) BS EN 13794:2002 (incorporated by reference, see § 227.219); or (iii) BS EN 1146:2005 (incorporated by reference, see § 227.219). (c) Document, and provide such documentation for inspection by FRA upon request, the rationale for the final selection of an EEBA by addressing each of the following concerns: (1) Breathing time. (2) Head and neck protection. (3) Accommodation for eyeglasses and a range of facial features. § 227.205 Storage facilities for EEBAs. (a) A railroad may not use a locomotive if it is part of an in-service freight train transporting a PIH material, including a residue of a PIH material, and the locomotive cab is occupied by an employee identified in § 227.201(a)(1)(i)(A) through (D) (subject employee), unless the locomotive cab has appropriate storage facilities to hold the number of EEBAs required to be provided. (b) The storage facility for each required EEBA must— (1) Prevent deformation of the face piece and exhalation valve, where applicable; (2) Protect the EEBA from incidental damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals; (3) Provide each subject employee located in the locomotive cab with ready access to the EEBA during an emergency; and (4) Provide a means for each subject employee to locate the EEBA under adverse conditions such as darkness or disorientation. (c) A railroad must comply with the applicable manufacturer's instructions for storage of each required EEBA and must keep a copy of the instructions at its system headquarters for FRA inspection. § 227.207 Railroad's program for inspection, maintenance, and replacement of EEBAs; requirements for procedures. (a) General. (1) Procedures for performing and recording a pre-trip inspection of each EEBA that is required to be provided on a locomotive being used to transport a PIH material and procedures for cleaning, replacing, or repairing each required EEBA, if necessary, prior to its being provided under § 227.201(a); (2) Procedures for performing and recording periodic inspections and maintenance of each required EEBA in a manner and on a schedule in accordance with the manufacturer's recommendations; and (3) Procedures for turning in and obtaining a replacement for a defective, failed, or used EEBA and for recording those transactions. (b) Inspection procedures and records. (i) The name of the railroad performing the inspection; (ii) The date that the inspection was performed; (iii) The name and signature of the individual who made the inspection; (iv) The findings of the inspection; (v) The required remedial action; and (vi) A serial number or other means of identifying the inspected EEBA. (2) A railroad shall maintain an accurate record of each pre-trip and periodic inspection required by this section. Pre-trip inspection records shall be retained for a period of 92 days. Periodic inspection records shall be retained for a period of one year. (c) Procedures applicable if EEBA fails an inspection or is used. (1) Repair, adjustment, and cleaning of EEBAs shall be done only by persons who are appropriately trained to perform such work and who shall use only the EEBA manufacturer's approved parts designed to maintain the EEBA in compliance with one of the following standards: (i) NIOSH at 42 CFR part 84; (ii) ISO 23269-1:2008 (incorporated by reference, see § 227.219); (iii) BS EN 1146:2005 (incorporated by reference, see § 227.219); or (iv) BS EN 13794:2002 (incorporated by reference, see § 227.219). (2) Repairs shall be made according to the manufacturer's recommendations and specifications for the type and extent of repairs to be performed. (3) Where applicable, reducing and admission valves, regulators, and alarms shall be adjusted or repaired only by the manufacturer or a technician trained by the manufacturer. (4) An EEBA may not be returned to service unless it meets the requirements in § 227.203. (d) Records of returns, maintenance, repair, and replacement. (1) Maintain an accurate record of return, maintenance, repair, or replacement for each EEBA required by this subpart; and (2) Retain each of these records for three years. § 227.209 Railroad's program of instruction on EEBAs. (a) General. (2) This program may be integrated with the railroad's program of instruction on operating rules under § 217.11 of this chapter or its program of instruction for hazmat employees under § 172.704 of this title. If the program is not integrated with either of these programs, it must be written in a separate document that is available for inspection by FRA. (b) Subject matter. (1) Why the EEBA is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the EEBA. (2) The capabilities and limitations of the EEBA, particularly the limited time for use. (3) How to use the EEBA effectively in emergency situations, including situations in which the EEBA malfunctions. (4) How to inspect, put on, remove, and use the EEBA, and how to check the seals of the EEBA. (5) Procedures for maintenance and storage of the EEBA that must be followed. (6) The requirements of this subpart related to the responsibilities of employees and the rights of employees to have access to records. (7) The hazardous materials classified as PIH materials. (c) Dates of initial instruction and intervals for periodic instruction. (2) Initial instruction shall be supplemented with periodic instruction at least once every three years. (d) Records of instruction. § 227.211 Requirement to implement a general EEBA program; criteria for placing employees in the general EEBA program. (a) In general. (b) Elements of the general EEBA program and criteria for placing employees in program. (1) Identify the individual who implements and manages the railroad's general EEBA program by title. The individual must have suitable training and sufficient knowledge, experience, skill, and authority to enable him or her to manage properly a program for provision of EEBAs. If the individual is not directly employed by the railroad, the written program must identify the business relationship of the railroad to the individual fulfilling this role. (2) Describe the administrative and technical process for selection of EEBAs appropriate to the hazards that may be reasonably expected. (3) Describe the process used to procure and provide EEBAs in a manner to ensure the continuous and ready availability of an EEBA to each of the railroad's employees identified in § 227.201(a)(1)(i)(A) through (D) (while actually occupying the locomotive cab of a freight train in service transporting a PIH material). This description shall include— (i) A description of the method used for provision of EEBAs, including whether the EEBAs are individually assigned to employees, installed on locomotives as required equipment, or provided by other means. If EEBAs are installed on locomotives as required equipment, the means of securement shall be designated. (ii) The decision criteria used by the railroad to identify trains in which provision of EEBAs is not required. (iii) A description of what procedures will govern the railroad at interchange to ensure that the locomotive cab in each in-service freight train transporting a PIH material has an EEBA accessible to each of the employees identified in § 227.201(a)(1)(i)(A) through (D) while in the cab of the locomotive, including what procedures are in place to ensure that the EEBAs provided satisfy the EEBA-selection criteria in § 227.203, satisfy the EEBA-storage criteria in § 227.205, and have been inspected and are in working order pursuant to the requirements in § 227.207. (4) Ensure that each of the following employees, except those excluded by § 227.201(b), whose duties require regular work in the locomotive cabs of in-service freight trains transporting a PIH material, including a residue of a PIH material, has the required EEBA available when they occupy the cab of such a train and know how to use the EEBA: (i) Employees who perform service subject to 49 U.S.C. 21103 (train employees) on such trains; (ii) Direct supervisors of train employees on such trains; (iii) Deadheading employees on such trains; and (iv) Any other employees designated by the railroad in writing and at the discretion of the railroad. (c) Records of positions or individuals or both in the railroad's general EEBA program. (d) Consolidated programs. § 227.213 Employee's responsibilities. (a) An employee to whom the railroad provides an EEBA shall— (1) Participate in training under § 227.209; (2) Follow railroad procedures to ensure that the railroad's EEBAs— (i) Are maintained in a secure and accessible manner; (ii) Are inspected as required by this subpart and the railroad's program of inspection; and (iii) If found to be unserviceable upon inspection, are turned in to the appropriate railroad facility for repair, periodic maintenance, or replacement; and (3) Notify the railroad of EEBA failures and of use incidents in a timely manner. (b) No employee shall willfully tamper with or vandalize an EEBA that is provided pursuant to § 227.201(a) in an attempt to disable or damage the EEBA. § 227.215 Recordkeeping in general. (a) Availability of records. (2) Except for records of pre-trip inspections of EEBAs under § 227.207, records required to be retained under this subpart must be kept at the system headquarters and at each division headquarters where the tests and inspections are conducted. (b) Electronic records. (1) The electronic system is designed so that the integrity of each record is maintained through appropriate levels of security such as recognition of an electronic signature, or other means, which uniquely identify the initiating person as the author of that record. No two persons have the same electronic identity. (2) The electronic system ensures that each record cannot be modified in any way, or replaced, once the record is transmitted and stored. (3) Any amendment to a record is electronically stored apart from the record that it amends. Each amendment to a record is uniquely identified as to the individual making the amendment. (4) The electronic system provides for the maintenance of records as originally submitted without corruption or loss of data. (5) Paper copies of electronic records and amendments to those records that may be necessary to document compliance with this subpart are made available for inspection and copying or photocopying by representatives of FRA. § 227.217 Compliance dates. (a) Class I railroads subject to this subpart are required to comply with this subpart beginning no later than 12 months from March 26, 2025. (b) Class II railroads subject to this subpart are required to comply with this subpart beginning no later than 12 months from March 26, 2025. (c) Class III railroads subject to this subpart and any other railroads subject to this subpart are required to comply with this subpart beginning no later than 18 months from March 26, 2025. [90 FR 38075, Aug. 7, 2025] § 227.219 Incorporation by reference. Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the FRA and the National Archives and Records Administration (NARA). Contact FRA at: Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; phone: (202) 493-6052; email: FRALegal@dot.gov www.archives.gov/federal-register/cfr/ibr-locations fr.inspection@nara.gov. (a) The British Standards Institution, 12110 Sunset Hills Road, Suite 200, Reston, VA 20190-5902, phone: 800-862-4977; website: shop.bsigroup.com. (1) BS EN 1146:2005, Respiratory protective devices—Self-contained, open-circuit compressed air breathing apparatus incorporating a hood for escape—requirements, testing, marking; February 2, 2006; into §§ 227.203(b) and 227.207(c). (2) BS EN 13794:2002, Respiratory protective devices—Self-contained, closed-circuit breathing apparatus for escape—requirements, testing, marking, November 26, 2002; into §§ 227.203(b) and 227.207(c). (b) International Organization for Standardization, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland; phone +41-22-749-08-88; website: www.iso.org. (1) ISO 23269-1:2008(E), Ships and marine technology—Breathing apparatus for ships—Part 1: Emergency escape breathing devices (EEBD) for shipboard use, First Edition, February 1, 2008; into §§ 227.203(b) and 227.207(c). (2) [Reserved] Appendix A to Part 227—Noise Exposure Computation This appendix is mandatory. I. Computation of Employee Noise Exposure A. Noise dose is computed using Table A-1 as follows: 1. When the sound level, L, is constant over the entire work day, the noise dose, D, in percent, is given by: D = 100 C/T, where C is the total length of the work day, in hours, and T is the duration permitted corresponding to the measured sound level, L, as given in Table A-1. 2. When the work day noise exposure is composed of two or more periods of noise at different levels, the total noise dose over the work day is given by: D = 100 (C1/T1 + C2/T2 + . . . + Cn/Tn), where Cn indicates the total time of exposure at a specific noise level, and Tn indicates the duration permitted for that level as given by Table A-1. B. The eight-hour TWA in dB may be computed from the dose, in percent, by means of the formula: TWA = 16.61 log10 (D/100) + 90. For an eight-hour work day with the noise level constant over the entire day, the TWA is equal to the measured sound level. C. Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level. D. Any time that an employee spends deadheading shall be included in the calculation of the noise dose. E. A table relating dose and TWA is given in Section II of this Appendix. Table A-1 1 A-weighted sound level, L Duration 80 32 81 27.9 82 24.3 83 21.1 84 18.4 85 16 86 13.9 87 12.1 88 10.6 89 9.2 90 8 91 7.0 92 6.1 93 5.3 94 4.6 95 4 96 3.5 97 3.0 98 2.6 99 2.3 100 2 101 1.7 102 1.5 103 1.3 104 1.1 105 1 106 0.87 107 0.76 108 0.66 109 0.57 110 0.5 111 0.44 112 0.38 113 0.33 114 0.29 115 0.25 116 0.22 117 0.19 118 0.16 119 0.14 120 0.125 121 0.11 122 0.095 123 0.082 124 0.072 125 0.063 126 0.054 127 0.047 128 0.041 129 0.036 130 0.031 140 0.078 1 In the above table the duration permitted, T, is computed by where L is the measured A-weighted sound level. II. Conversion Between “Dose” and “8-Hour Time-Weighted Average” Sound Level A. Compliance with subpart B of part 227 is determined by the amount of exposure to noise in the workplace. The amount of such exposure is usually measured with a dosimeter which gives a readout in terms of “dose.” In order to better understand the requirements of the regulation, dosimeter readings can be converted to an “8-hour TWA.” B. In order to convert the reading of a dosimeter into TWA, see Table A-2, below. This table applies to dosimeters that are set by the manufacturer to calculate dose or percent exposure according to the relationships in Table A-1. So, for example, a dose of 91 percent over an eight-hour day results in a TWA of 89.3 dB, and a dose of 50 percent corresponds to a TWA of 85 dB. C. If the dose as read on the dosimeter is less than or greater than the values found in Table A-2, the TWA may be calculated by using the formula: TWA = 16.61 log10 (D/100) + 90 where TWA = 8-hour time-weighted average sound level and D = accumulated dose in percent exposure. Table A-2—Conversion From “Percent Noise Exposure” or “Dose” to “8-Hour Time-Weighted Average Sound Level” (TWA) Dose or percent noise TWA 10 73.4 15 76.3 20 78.4 25 80.0 30 81.3 35 82.4 40 83.4 45 84.2 50 85.0 55 85.7 60 86.3 65 86.9 70 87.4 75 87.9 80 88.4 81 88.5 82 88.6 83 88.7 84 88.7 85 88.8 86 88.9 87 89.0 88 89.1 89 89.2 90 89.2 91 89.3 92 89.4 93 89.5 94 89.6 95 89.6 96 89.7 97 89.8 98 89.9 99 89.9 100 90.0 101 90.1 102 90.1 103 90.2 104 90.3 105 90.4 106 90.4 107 90.5 108 90.6 109 90.6 110 90.7 111 90.8 112 90.8 113 90.9 114 90.9 115 91.1 116 91.1 117 91.1 118 91.2 119 91.3 120 91.3 125 91.6 130 91.9 135 92.2 140 92.4 145 92.7 150 92.9 155 93.2 160 93.4 165 93.6 170 93.8 175 94.0 180 94.2 185 94.4 190 94.6 195 94.8 200 95.0 210 95.4 220 95.7 230 96.0 240 96.3 250 96.6 260 96.9 270 97.2 280 97.4 290 97.7 300 97.9 310 98.2 320 98.4 330 98.6 340 98.8 350 99.0 360 99.2 370 99.4 380 99.6 390 99.8 400 100.0 410 100.2 420 100.4 430 100.5 440 100.7 450 100.8 460 101.0 470 101.2 480 101.3 490 101.5 500 101.6 510 101.8 520 101.9 530 102.0 540 102.2 550 102.3 560 102.4 570 102.6 580 102.7 590 102.8 600 102.9 610 103.0 620 103.2 630 103.3 640 103.4 650 103.5 660 103.6 670 103.7 680 103.8 690 103.9 700 104.0 710 104.1 720 104.2 730 104.3 740 104.4 750 104.5 760 104.6 770 104.7 780 104.8 790 104.9 800 105.0 810 105.1 820 105.2 830 105.3 840 105.4 850 105.4 860 105.5 870 105.6 880 105.7 890 105.8 900 105.8 910 105.9 920 106.0 930 106.1 940 106.2 950 106.2 960 106.3 970 106.4 980 106.5 990 106.5 999 106.6 Appendix B to Part 227—Methods for Estimating the Adequacy of Hearing Protector Attenuation This appendix is mandatory. Employers must select one of the following three methods by which to estimate the adequacy of hearing protector attenuation. I. Derate by Type Derate the hearing protector attenuation by type using the following requirements: A. Subtract 7 dB from the published Noise Reduction Rating (NRR). B. Reduce the resulting amount by: 1. 20% for earmuffs, 2. 40% for form-able earplugs, or 3. 60% for all other earplugs. C. Subtract the remaining amount from the A-weighted TWA. You will have the estimated A-weighted TWA for that hearing protector. II. Method B From ANSI S12.6-1997 (Reaffirmed 2002) Use Method B, which is found in ANSI S12.6-1997 (Reaffirmed 2002) “Methods for Measuring the Real-Ear Attenuation of Hearing Protectors.” The Director of the Federal Register approves the incorporation by reference of this standard in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated standard from the American National Standards Institute at 1819 L Street, NW., Washington, DC 20036, or http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. III. Objective Measurement Use actual measurements of the level of noise exposure (as an A-weighted SLOW response dose) inside the hearing protector when the employee wears the hearing protector in the actual work environment. [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009] Appendix C to Part 227—Audiometric Baseline Revision This appendix is mandatory beginning on February 26, 2009. I. General A. A professional reviewer (audiologist, otolaryngologist, or physician) shall use these procedures when revising baseline audiograms. B. Although these procedures can be programmed by a computer to identify records for potential revision, the final decision for revision rests with a human being. Because the goal of the guidelines is to foster consistency among different professional reviewers, human override of the guidelines must be justified by specific concrete reasons. C. These procedures do not apply to: The identification of standard threshold shifts (STS) other than an FRA STS 1 1 D. Initially, the baseline is the latest audiogram obtained before entry into the hearing conservation program. If no appropriate pre-entry audiogram exists, the baseline is the first audiogram obtained after entry into the hearing conservation program. Each subsequent audiogram is reviewed to detect improvement in the average (average of thresholds at 2, 3, and 4 kHz) and to detect an FRA STS. The two ears are examined separately and independently for improvement and for worsening. If one ear meets the criteria for revision of baseline, then the baseline is revised for that ear only. Therefore, if the two ears show different hearing trends, the baseline for the left ear may be from one test date, while the baseline for the right ear may be from a different test date. E. Age corrections do not apply in considering revisions for improvement (Rule 1). The FRA-allowed age corrections from appendix F of Part 227 2 2 II. Rule 1: Revision for Persistent Improvement If the average of the thresholds for 2, 3, and 4 kHz for either ear shows an improvement of 5 dB or more from the baseline value, and the improvement is present on one test and persistent on the next test, then the record should be identified for review by the audiologist, otolaryngologist, or physician for potential revision of the baseline for persistent improvement. The baseline for that ear should be revised to the test which shows the lower (more sensitive) value for the average of thresholds at 2, 3, and 4 kHz unless the audiologist, otolaryngologist, or physician determines and documents specific reasons for not revising. If the values of the three-frequency average are identical for the two tests, then the earlier test becomes the revised baseline. III. Rule 2: Revision for Persistent Standard Threshold Shift A. If the average of thresholds for 2, 3, and 4 kHz for either ear shows a worsening of 10 dB or more from the baseline value, and the STS persists on the next periodic test (or the next test given at least 6 months later), then the record should be identified for review by the audiologist, otolaryngologist, or physician for potential revision of the baseline for persistent worsening. Unless the audiologist, otolaryngologist, or physician determines and documents specific reasons for not revising, the baseline for that ear should be revised to the test which shows the lower (more sensitive) value for the average of thresholds at 2, 3, and 4 kHz. If both tests show the same numerical value for the average of 2, 3, and 4 kHz, then the audiologist, otolaryngologist, or physician should revise the baseline to the earlier of the two tests, unless the later test shows better (more sensitive) thresholds for other test frequencies. B. Following an STS, a retest within 90 days of the periodic test may be substituted for the periodic test if the retest shows better (more sensitive) results for the average threshold at 2, 3, and 4 kHz. C. If the retest is used in place of the periodic test, then the periodic test is retained in the record, but it is marked in such a way that it is no longer considered in baseline revision evaluations. If a retest within 90 days of periodic test confirms an FRA STS shown on the periodic test, the baseline will not be revised at that point because the required six-month interval between tests showing STS persistence has not been met. The purpose of the six-month requirement is to prevent premature baseline revision when STS is the result of temporary medical conditions affecting hearing. D. Although a special retest after six months could be given, if desired, to assess whether the STS is persistent, in most cases, the next annual audiogram would be used to evaluate persistence of the STS. Appendix D to Part 227—Audiometric Test Rooms This appendix is mandatory. A. Rooms used for audiometric testing shall not have background sound pressure levels exceeding those in Table D-1 when measured by equipment conforming at least to the Type 2 requirements of ANSI S1.4-1983 (Reaffirmed 2001) and to the Class 2 requirements of ANSI S1.11-2004, “Specification for Octave-Band and Fractional-Octave-Band Analog and Digital Filters.” B. The Director of the Federal Register approves the incorporation by reference of ANSI S1.4-1983 (Reaffirmed 2001) and S.1.11-2004 in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated standard from the American National Standards Institute at 1819 L Street, NW., Washington, DC 20036 or http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Table D-1—Maximum Allowable Octave-Band Sound Pressure Levels for Audiometric Test Rooms Octave-band center frequency (Hz) 500 1000 2000 4000 8000 Sound pressure levels—supra-aural earphones 40 40 47 57 62 Sound pressure levels—insert earphones 50 47 49 50 56 [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009] Appendix E to Part 227—Use of Insert Earphones for Audiometric Testing This appendix is mandatory. Section 227.111(d) allows railroads to use insert earphones for audiometric testing. Railroads are not required to use insert earphones, however, where they elect to use insert earphones, they must comply with the requirements of this appendix. I. Acceptable Fit A. The audiologist, otolaryngologist, or other physician responsible for conducting the audiometric testing, shall identify ear canals that prevent achievement of an acceptable fit with insert earphones, or shall assure that any technician under his/her authority who conducts audiometric testing with insert earphones has the ability to identify such ear canals. B. Technicians who conduct audiometric tests must be trained to insert the earphones correctly into the ear canals of test subjects and to recognize conditions where ear canal size prevents achievement of an acceptable insertion depth (fit). C. Insert earphones shall not be used for audiometric testing of employees with ear canal sizes that prevent achievement of an acceptable insertion depth (fit). II. Proper Use The manufacturer's guidelines for proper use of insert earphones must be followed. III. Audiometer Calibration A. Audiometers used with insert earphones must be calibrated in accordance with ANSI S3.6-2004, “Specification for Audiometers.” The Director of the Federal Register approves the incorporation by reference of this standard in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated standard from the American National Standards Institute at 1819 L Street, NW., Washington, DC 20036 or http://www.ansi.org. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. B. Audiometers used with insert earphones must be calibrated using one of the couplers listed in Table 7 of ANSI S3.6-2004. C. The acoustical calibration shall be conducted annually. D. The functional calibration must be conducted before each day's use of the audiometer. IV. Background Noise Levels Testing shall be conducted in a room where the background ambient noise octave-band sound pressures levels meet appendix D to this part. V. Conversion From Supra Aural Earphones At the time of conversion from supra-aural to insert earphones, testing must be performed with both types of earphones. A. The test subject must have a quiet period of at least 14 hours before testing. Hearing protectors may be used as a substitute for the quiet period. B. The supra-aural earphone audiogram shall be compared to the baseline audiogram, or the revised baseline audiogram if appropriate, to check for a Standard Threshold Shift (STS). In accordance with § 227.109(f)(2), if the audiogram shows an STS, retesting with supra-aural earphones must be performed within 90 days. If the resulting audiogram confirms the STS, then it is adopted as the current test instead of the prior one. C. If retesting with supra-aural earphones is performed, then retesting with insert earphones must be performed at that time to establish the baseline for future audiometric tests using the insert earphones. VI. Revised Baseline Audiograms A. If an STS is confirmed by the re-test with supra-aural earphones, the audiogram may become the revised baseline audiogram per the requirements of § 227.109(i) for all future hearing tests with supra-aural earphones. The insert-earphone audiogram will become the new reference baseline audiogram for all future hearing tests performed with insert earphones. B. If an STS is not indicated by the test with supra-aural earphones, the baseline audiogram remains the reference baseline audiogram for all future supra-aural earphone tests, until such time as an STS is observed. In this case, the insert-earphone audiogram taken at the same time will become the new reference baseline audiogram for all future hearing tests performed with insert earphones. C. Transitioning Employees with Partial Shifts. Employers must account for the workers who are in the process of developing an STS (e.g., demonstrate a 7 dB average shift), but who at the time of the conversion to insert earphones do not have a 10 dB average shift. Employers who want to use insert earphones must enter the 7 dB shift information in the employee's audiometric test records although it is not an “STS”. When the next annual audiogram using insert earphones shows an average threshold shift at 2000, 3000 and 4000 Hz of 3 dB, completing the full shift (7 dB + 3 dB), employers must then label that average shift as an STS. This triggers the follow-up procedures at § 227.109(h). VII. Records All audiograms (including both those produced through the use of insert earphones and supra-aural headsets), calculations, pure-tone individual and average threshold shifts, full STS migrations, and audiometric acoustical calibration records, are to be preserved as records and maintained according to § 227.121(c). [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009] Appendix F to Part 227—Calculations and Application of Age Corrections to Audiograms This appendix is non-mandatory. In determining whether a standard threshold shift (STS) has occurred, allowance may be made for the contribution of aging to the change in hearing level by adjusting the most recent audiogram. If the employer chooses to adjust the audiogram, the employer shall follow the procedure described below. This procedure and the age correction tables were developed by the National Institute for Occupational Safety and Health in a criteria document. See “Criteria for a Recommended Standard: Occupational Exposure to Noise,” Department of Health and Human Services (NIOSH) Publication No. 98-126. For each audiometric test frequency: I. Determine from Tables F-1 or F-2 the age correction values for the employee by: A. Finding the age at which the most recent audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz; B. Finding the age at which the baseline audiogram was taken and recording the corresponding values of age corrections at 1000 Hz through 6000 Hz. II. Subtract the values found in step (I)(B) from the value found in step (I)(A). III. The differences calculated in step (II) represented that portion of the change in hearing that may be due to aging. Example: Employee is a 32-year-old male. The audiometric history for his right ear is shown in decibels below. Employee's age Audiometric test frequency 1000 2000 3000 4000 6000 26 10 5 5 10 5 27* 0 0 0 5 5 28 0 0 0 10 5 29 5 0 5 15 5 30 0 5 10 20 10 31 5 10 20 15 15 32* 5 10 10 25 20 a. The audiogram at age 27 is considered the baseline since it shows the best hearing threshold levels. Asterisks have been used to identify the baseline and most recent audiogram. A threshold shift of 20 dB exists at 4000 Hz between the audiograms taken at ages 27 and 32. b. (The threshold shift is computed by subtracting the hearing threshold at age 27, which was 5, from the hearing threshold at age 32, which is 25). A retest audiogram has confirmed this shift. The contribution of aging to this change in hearing may be estimated in the following manner: c. Go to Table F-1 and find the age correction values (in dB) for 4000 Hz at age 27 and age 32. Frequency 1000 2000 3000 4000 6000 Age 32 6 5 7 10 14 Age 27 5 4 6 7 11 Difference 1 1 1 3 3 d. The difference represents the amount of hearing loss that may be attributed to aging in the time period between the baseline audiogram and the most recent audiogram. In this example, the difference at 4000 Hz is 3 dB. This value is subtracted from the hearing level at 4000 Hz, which in the most recent audiogram is 25, yielding 22 after adjustment. Then the hearing threshold in the baseline audiogram at 4000 Hz (5) is subtracted from the adjusted annual audiogram hearing threshold at 4000 Hz (22). Thus the age-corrected threshold shift would be 17 dB (as opposed to a threshold shift of 20 dB without age correction). Table F-1—Age Correction Values in Decibels for Males Years Audiometric test frequencies 1000 2000 3000 4000 6000 20 or younger 5 3 4 5 8 21 5 3 4 5 8 22 5 3 4 5 8 23 5 3 4 6 9 24 5 3 5 6 9 25 5 3 5 7 10 26 5 4 5 7 10 27 5 4 6 7 11 28 6 4 6 8 11 29 6 4 6 8 12 30 6 4 6 9 12 31 6 4 7 9 13 32 6 5 7 10 14 33 6 5 7 10 14 34 6 5 8 11 15 35 7 5 8 11 15 36 7 5 9 12 16 37 7 6 9 12 17 38 7 6 9 13 17 39 7 6 10 14 18 40 7 6 10 14 19 41 7 6 10 14 20 42 8 7 11 16 20 43 8 7 12 16 21 44 8 7 12 17 22 45 8 7 13 18 23 46 8 8 13 19 24 47 8 8 14 19 24 48 9 8 14 20 25 49 9 9 15 21 26 50 9 9 16 22 27 51 9 9 16 23 28 52 9 10 17 24 29 53 9 10 18 25 30 54 10 10 18 26 31 55 10 11 19 27 32 56 10 11 20 28 34 57 10 11 21 29 35 58 10 12 22 31 36 59 11 12 22 32 37 60 or older 11 13 23 33 38 Table F-2—Age Correction Values in Decibels for Females Years Audiometric test frequencies 1000 2000 3000 4000 6000 20 or younger 7 4 3 3 6 21 7 4 4 3 6 22 7 4 4 4 6 23 7 5 4 4 7 24 7 5 4 4 7 25 8 5 4 4 7 26 8 5 5 4 8 27 8 5 5 5 8 28 8 5 5 5 8 29 8 5 5 5 9 30 8 6 5 5 9 31 8 6 6 5 9 32 9 6 6 6 10 33 9 6 6 6 10 34 9 6 6 6 10 35 9 6 7 7 11 36 9 7 7 7 11 37 9 7 7 7 12 38 10 7 7 7 12 39 10 7 8 8 12 40 10 7 8 8 13 41 10 8 8 8 13 42 10 8 9 9 13 43 11 8 9 9 14 44 11 8 9 9 14 45 11 8 10 10 15 46 11 9 10 10 15 47 11 9 10 11 16 48 12 9 11 11 16 49 12 9 11 11 16 50 12 10 11 12 17 51 12 10 12 12 17 52 12 10 12 13 18 53 13 10 13 13 18 54 13 11 13 14 19 55 13 11 14 14 19 56 13 11 14 15 20 57 13 11 15 15 20 58 14 12 15 16 21 59 14 12 16 16 21 60 or older 14 12 16 17 22

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