What Is 8 CCR §5097: Hearing Conservation Program?

The employer shall administer a continuing, effective hearing conservation program, as described in this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A-scale (slow response) or, equivalently, a dose of fifty percent.

When Does an Employer Need a Hearing Conservation Program?

Once workplace noise hits an 8-hour average of 85 decibels, a level the rule calls the action level.

Many California jobs cross that line: plant and factory floors, food processing lines, warehouses running heavy equipment, and construction-adjacent trades. Once exposure reaches the action level, an employer must measure it, either across the work area or on individual workers, and tell each exposed worker the result. Section 5097 does not ask an employer to guess. It sets a number and a required response once a workplace crosses it.

How Often Are Workers Tested for Hearing Loss?

A baseline test first, then a free hearing test at least once a year after that.

A worker exposed at or above the action level gets a baseline audiogram to measure where their hearing starts. That baseline test is supposed to follow 14 hours without workplace noise, which can be met by wearing hearing protectors beforehand instead of staying away from the job site. After the baseline, the employer has to offer a new test at least once a year, at no cost to the worker, performed by a licensed or certified professional. Each new test is compared against the baseline to check for a standard threshold shift, an average hearing change of 10 decibels or more at 2000, 3000, and 4000 Hz.

What Happens After a Hearing Test Shows a Problem?

The worker is told in writing within 21 days, and the employer has to fit or refit hearing protectors.

If a later test reveals a standard threshold shift, the employer must tell the affected worker in writing within 21 days of making that finding. A worker not already wearing hearing protectors gets fitted and trained on the spot. A worker already wearing them gets refitted, and may be moved to a protector that blocks more sound. The employer can also send the worker for a closer evaluation if the shift looks serious or unrelated to noise. A related rule, 8 CCR 5098, requires the employer to supply hearing protectors at no charge once noise reaches that same 85 decibel level, and to let each worker choose from more than one type.

Is Noise-Induced Hearing Loss Covered by Workers' Comp?

Yes. It is treated as a work injury under the ordinary no-fault rule, even though it built up gradually instead of happening in one accident.

California's no-fault rule for job injuries does not require a sudden event. Years of loud work that gradually damaged a worker's hearing can still support a claim, and the audiograms this regulation already requires often become useful evidence of when and how much hearing was lost. This site's hearing loss guide covers how medical care, hearing aids, and a permanent disability rating are handled once a claim is filed.

What Can a Worker Do If a Workplace Stays Too Loud?

Tell a supervisor, and separately, a worker can report the hazard straight to Cal/OSHA.

This site's guide to reporting a hazard to Cal/OSHA walks through contacting the right district office while keeping a report confidential. Reporting a noisy workplace and filing a hearing loss claim solve two different problems. One can push an employer to fix the hazard going forward. The other pays for the hearing damage a worker already has, and a worker does not need to do the first to qualify for the second.

What To Do If Your Hearing Is Getting Worse at Work?

Ask for a copy of every hearing test your employer has given you, including the baseline, and note how long you have worked around loud equipment. See a doctor about the change. Then call (661) 273-1780 or use the contact form for a free consultation. Yazdchi Law reviews each workers' compensation matter on its own facts before deciding whether to take it on.