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.
What HCP SOW Provisions Should Include
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.
- Noise hazard identification: The contractor shall assess noise exposures for all employees assigned to noise-hazardous work areas and notify employees of exposures at or above 85 dBA TWA
- HCP establishment before work begins: A written HCP meeting all requirements of 29 CFR 1910.95 shall be established before employees begin work in areas where noise exposures may reach or exceed 85 dBA TWA
- Baseline audiograms before exposure: Baseline audiograms completed before employees begin work in noise-hazardous areas, or within the timeframe permitted by 1910.95(g)(2)
- Professional supervisor identification: The contractor shall identify, in HCP documentation submitted to the COR, the name and credentials of the licensed audiologist, otolaryngologist, or physician serving as professional supervisor per 1910.95(g)(3)
- Annual audiogram completion: Annual audiometric testing completed for all enrolled employees within the one-year anniversary of their baseline per 1910.95(g)(6)
- STS notification compliance: When a Standard Threshold Shift is identified, the contractor shall notify the affected employee within 21 days per 1910.95(g)(8)(ii)
- Records available for government audit: Audiometric records maintained and available to the Contracting Officer or COR within 5 business days of written request
- HPD provision and adequacy verification: Appropriate HPDs provided at no cost to employees; attenuation adequacy verified for actual exposure levels
- Annual training: Annual hearing conservation training per 1910.95(k) provided and records maintained
Relevant FAR Clauses
| 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 |
DoD Contracts: DoDI 6055.12 Requirements
For contracts performed at DoD installations, SOW language should specify compliance with DoDI 6055.12 in addition to OSHA 1910.95. Key additions:
- Baseline audiograms before assignment to noise-hazardous duty (DoDI requires this before exposure; OSHA allows 6 months)
- PAR hearing protector fit testing for contractor employees with documented exposures above 95 dBA TWA per DoDI 6055.12 Change 1 (November 2023), where the government determines this requirement applies
- Coordination with the installation HRO for noise area designations and posted noise zone compliance
Documentation Requirements During Performance
| 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 |
Contract Surveillance for HCP Compliance
- Spot checks of posted HPD requirements in noise-hazardous work areas
- Verification that employees in noise-hazardous areas are wearing appropriate HPDs
- Review of submitted HCP documentation for completeness and currency
- Random requests for audiometric records for specific enrolled employees to verify testing currency
- Review of STS log and notification documentation upon occurrence
Subcontractor Flow-Down Requirements
- Prime contractors must include HCP compliance requirements in subcontracts for noise-hazardous work
- Prime contractors should verify subcontractor HCP documentation before subcontractor employees begin noise-hazardous work
- Prime contractors should maintain documentation of subcontractor HCP compliance as part of contract file
Frequently Asked Questions
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.
Contractor HCP Documentation for Government Contracts
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.
Request a Contractor HCP Assessment- Government Contractor Hearing Conservation: Which Standard Applies?
- Federal Government Audiometric Testing Platform Procurement Guide
- Federal Government & DoD Hearing Conservation: The Complete Compliance Guide
- OSHA Hearing Conservation Program: Complete Guide (29 CFR 1910.95)
- OSHA Hearing Conservation Violations: 2025 Penalty Schedule