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The U.S. Department of Labor (DOL) is seeking public comment on the comparative reliability and validity of hearing testing methods and best practices for evaluating occupational hearing loss.
In a request for information, the Office of Workers’ Compensation Programs (OWCP) is asking for input from audiologists, otolaryngologists, medical professionals, medical associations, employees, employers, insurance carriers, and other interested parties.
OWCP is seeking input on the reliability and validity of audiograms compared with other objective tests, including:
and others.
The agency is also soliciting comments on the current standards for administering these tests and the criteria used to evaluate hearing impairment.
The RFI poses 28 questions for public input.
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides compensation to employees for disability or death from injury arising out of and in the course of employment.
Hearing loss claims constitute a significant portion of LHWCA claims, and determining the extent of hearing loss necessarily entails evaluating medical test results.
The RFI follows a letter issued by Federal Reps. Tim Walberg (R-MI) and Ryan Mackenzie (R-PA) to the U.S. Government Accountability Office in Oct. 2025, which notes the Act has not been “meaningfully updated” since 1984.
“Many employers in the port, marine terminal, and shipbuilding industries contend that a significant portion of the hearing loss claims for which they must provide compensation are not the result of waterfront employment but instead from other noise-induced exposure or circumstances occurring outside workplace conditions.”
—Subcommittee on Workforce Protections letter
The LHWCA program statutes and regulations currently reference audiograms as the primary testing method and incorporate the American Medical Association's Guides to the Evaluation of Permanent Impairment for measuring and calculating hearing impairment.
OWCP is considering updating the quality standards for hearing loss testing to better reflect current medical technology and practice, particularly the potential use of objective testing methods.
Those interested in commenting should submit comments on the regulations.gov website, and include in their submissions:
Commenters should not include personally-identifiable information or confidential business information they do not want publicly disclosed.
Written comments must be received by Oct. 22.
The rulemaking docket, background documents, and all submitted comments will be available at regulations.gov. Although some materials - such as copyrighted material - may not be available through the website, the complete rulemaking record will be available for inspection at OWCP.
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