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Government contracts involving noise-hazardous work — construction, maintenance, depot operations, facility services — should include hearing conservation program requirements in the Statement of Work (SOW) or Performance Work Statement (PWS). This isn’t just contractually sound; it’s the mechanism by which the government verifies that contractor employees working on its facilities and projects are protected under OSHA 1910.95. This guide covers what HCP SOW provisions should include, which FAR clauses are relevant, and what documentation the government should require.
Soundtrace supports defense contractors and federal contractors with automated in-house audiometric testing, licensed audiologist review, and complete 1910.95-compliant documentation — designed to satisfy government SOW documentation requirements at contract award and throughout performance.
A contract SOW that requires HCP compliance creates contract performance obligations in addition to OSHA obligations. A contractor who fails to maintain a compliant HCP faces contract performance deficiency findings, potential cure notices, and in severe cases, termination for default — on top of OSHA citation risk.
Effective HCP SOW language covers all six elements of 29 CFR 1910.95 at an appropriate level of specificity. Boilerplate stating only “comply with applicable OSHA standards” is insufficient — it doesn’t create measurable deliverables or documentation requirements that contracting officers and CORs can verify.
| FAR Clause | Relevance to HCP | Application |
|---|---|---|
| FAR 52.223-3 (Hazardous Material) | General baseline safety compliance obligation | Incorporated by reference in most contracts; establishes OSHA compliance obligation |
| FAR 52.236-13 (Accident Prevention) | Construction contracts safety program requirement | Applies to construction contracts; requires contractor safety plan including OSHA compliance |
| Project-specific safety clause | HCP-specific requirements beyond FAR baseline | Added under CO authority; most effective vehicle for substantive HCP SOW requirements |
For contracts performed at DoD installations, SOW language should specify compliance with DoDI 6055.12 in addition to OSHA 1910.95. Key additions:
| Documentation Item | When Required | Purpose |
|---|---|---|
| Written HCP document with professional supervisor identification | Prior to first noise-hazardous work / at contract award | Confirms HCP exists and 1910.95(g)(3) is satisfied before work begins |
| Baseline audiogram completion certification | Before employees begin noise-hazardous work | Confirms baselines established before exposure |
| Annual audiogram completion status report | Annually during contract performance | Documents annual testing compliance for enrolled employees |
| STS log with notification compliance documentation | Quarterly or upon occurrence | Documents STS identification and 21-day notification compliance |
| Training completion records | Annually | Documents annual 1910.95(k) training for enrolled employees |
At minimum: contractor responsibility for a 1910.95-compliant HCP; baseline audiograms before noise-hazardous work; independent record maintenance; records available for government audit within 5 business days; and professional supervisor identification. For DoD contracts, DoDI 6055.12 requirements may also be specified.
Yes. Contracting officers have authority to include safety requirements beyond OSHA minimums where there’s a legitimate program interest. For DoD contracts, requiring DoDI 6055.12 compliance is appropriate. Substantive SOW HCP requirements protect the government from contractor non-performance risk.
FAR 52.223-3 establishes baseline OSHA compliance obligations. FAR 52.236-13 applies to construction contracts. The most effective vehicle for substantive HCP requirements is a project-specific safety clause added under CO authority that explicitly enumerates 1910.95 elements as contract deliverables.
Yes. Contracts should require contractors to maintain audiometric records, make them available to the COR within 5 business days of written request, and retain them per 1910.95(m). Requiring professional supervisor identification at contract start is particularly important — this is the most common and consequential HCP gap.
Soundtrace provides defense and federal contractors with automated in-house audiometric testing, audiologist review, and complete 1910.95-compliant documentation — designed to satisfy government SOW HCP documentation requirements at contract award and throughout performance.
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