Washington State Hearing Conservation: WAC 296-817 Employer Guide (WISHA)

Washington State employers are not governed by federal OSHA 1910.95 for hearing conservation. They are governed by the Washington Industrial Safety and Health Act (WISHA), enforced by the Washington State Department of Labor & Industries (L&I) under WAC 296-817, the Hearing Loss Prevention (Noise) rule. The most significant practical difference from federal OSHA: Washington does not permit age correction when determining STS, which means Washington employers will flag more shifts as STS than federal OSHA employers would for the same audiometric data.

Soundtrace supports WISHA-compliant hearing loss prevention programs across Washington State, with STS flagging configured to WAC 296-817 requirements including no age correction adjustment.

Governing Authority: WISHA and L&I

Washington State operates an OSHA-approved State Plan under the Washington Industrial Safety and Health Act (WISHA), RCW Chapter 49.17. The Washington State Department of Labor & Industries (L&I), through its Division of Occupational Safety and Health (DOSH), has primary enforcement jurisdiction over workplace safety for private-sector employers in Washington State, including hearing conservation. Federal OSHA 29 CFR 1910.95 does not directly govern Washington State private-sector employers.

The Washington noise and hearing conservation standard is codified at Washington Administrative Code (WAC) Chapter 296-817, the Hearing Loss Prevention (Noise) rule. The full rule text is published by the Washington State Legislature at app.leg.wa.gov/WAC/default.aspx?cite=296-817. A printer-friendly PDF is available from L&I’s safety rules page.

Washington is also unique among State Plan states in that L&I administers both WISHA enforcement and the state’s workers’ compensation system. This integrated structure means that hearing loss prevention program documentation serves a dual compliance function in Washington: satisfying both WISHA inspection requirements and WC claim defense documentation needs.

Scope and Action Level

WAC 296-817-100 establishes scope: the rule applies to all employers with workers exposed to noise levels that equal or exceed 85 dBA TWA8 (the 8-hour time-weighted average). The action level is the same as federal OSHA 1910.95. When employees are exposed at or above the action level, employers must establish and maintain a hearing loss prevention program covering noise monitoring, audiometric testing, HPD selection and use, training, and recordkeeping.

WAC 296-817 uses the term “Hearing Loss Prevention (HLP) program” rather than the federal term “Hearing Conservation Program.” The terminology is different; the substantive obligations are equivalent, with the key exception of age correction.

STS Definition and the Age Correction Difference

WAC 296-817-099 defines Standard Threshold Shift (STS) as:

“A hearing level change, relative to the baseline audiogram, of an average of 10 dB or more at 2000, 3000, and 4000 Hz in either ear.”

This is structurally identical to the federal OSHA STS definition. The critical difference is what happens next when comparing audiograms.

Washington does allow age correction when determining whether an STS is recordable on the WISHA 300 Log (WAC 296-27-01113), but not when determining whether an STS has occurred for program compliance purposes. These are two separate determinations with different rules.

Baseline Audiogram Requirements

Under WAC 296-817-40010, employers must establish a baseline audiogram for each employee who is first assigned to work involving noise exposures at or above 85 dBA TWA8. Requirements:

• Baseline audiogram must be completed no more than 180 days (6 months) after the employee is first assigned to noise-hazardous work
• Employees using mobile test units: up to 12 months with HPDs required in the interim
• Employees hired for less than one year may alternatively be covered by a hearing protection audit program under WAC 296-817-500
• Employees must not be exposed to workplace noise for at least 14 hours before the baseline audiogram (hearing protectors may be used to accomplish this)
• Employees must be notified to avoid high levels of nonoccupational noise (loud music, guns, power tools, motorcycles) during the 14-hour quiet period

The baseline audiogram must be kept without revision unless a qualified reviewer determines the STS is persistent, or the annual audiogram indicates significant improvement in hearing thresholds. A qualified reviewer under WAC 296-817-099 is defined as an audiologist, otolaryngologist, or other qualified physician with experience and training in evaluating occupational audiograms — with the additional requirement that Washington-licensed audiologists meet the state board of examiners licensing requirement.

Annual Audiogram Requirements

Under WAC 296-817-40015, employers must conduct annual audiograms for all employees enrolled in the HLP program. Key provisions:

• Annual audiograms may be conducted at any time during the work shift (unlike baseline audiograms, no 14-hour quiet period is required for annuals, though it is best practice)
• All audiometric testing must be provided at no cost to exposed employees, including any required travel
• Employers must obtain an opinion from the healthcare professional supervising audiograms; the opinion must address whether the audiogram indicates possible work-related hearing loss and any HPD recommendations
• Employees must be informed of their audiometric test results

STS Follow-Up Requirements

Under WAC 296-817-40020, when a comparison of the annual audiogram to the baseline reveals an STS (10 dB average shift at 2000/3000/4000 Hz, no age correction), the employer must:

• Notify the employee in writing of the STS (timeline comparable to federal OSHA)
• Evaluate whether hearing protectors in use are adequate; if not, provide more effective HPDs
• Have the audiogram evaluated by a qualified reviewer
• Refer the employee to a physician or audiologist if the qualified reviewer determines evaluation is needed

When the annual audiogram indicates an STS that is not persistent (i.e., resolves on retest), the employer may retest and use the retest results. WAC 296-817-40025 governs baseline revision: the baseline may only be revised if the qualified reviewer determines the STS is persistent, or if the annual audiogram shows significant improvement.

Hearing Protector Requirements

Washington’s HPD requirements under WAC 296-817-20015 cover HPD selection, provision, fitting, and attenuation verification. Key differences from federal OSHA:

• Washington does not require employers to use the evaluation methods described in federal OSHA 29 CFR 1910.95 Appendix B; instead, Washington requires that HPDs be shown to reduce employee exposure to below 85 dBA TWA8 using Washington’s own attenuation verification approach
• HPDs must be provided at no cost to all employees exposed at or above 85 dBA
• Warning signs must be posted at entrances to areas where noise levels are at or above 115 dBA, indicating hearing protectors are required
• Employees must receive training in proper HPD selection, fitting, use, and care

Hearing Protection Audit Alternative (WAC 296-817-500)

WAC 296-817-500 provides a compliance alternative that has no direct equivalent in federal OSHA 1910.95: the hearing protection audit program. This option is available only for employees hired to work temporarily for less than one year. Instead of establishing a baseline audiogram within 180 days, the employer may instead implement an audit program that verifies HPD adequacy for those employees. Requirements of the audit program include documented HPD selection based on actual noise exposure levels, fit verification, and employee training. For permanent employees, baseline audiograms are always required.

▶ Bottom line: The hearing protection audit alternative is a meaningful compliance tool for Washington employers who frequently hire temporary workers in noisy environments — particularly food processing, agriculture support, and seasonal manufacturing operations.

Recordkeeping Under WAC 296-817-40030

Under WAC 296-817-40030, employers must retain a legible copy of all employee audiograms conducted under Chapter 296-817 for the duration of the affected employee’s employment. Records must include the employee’s name and job classification, date of audiogram, examiner’s name, date and type of last audiometric calibration, and the employee’s most recent noise exposure assessment. Background sound pressure level data for the audiometric test room must also be retained.

Records must be provided upon written request to employees, former employees, employee representatives, and the Director of the Department of Labor and Industries. Recordable hearing loss cases are recorded on the WISHA 300 Log under WAC 296-27-01113 — Washington’s equivalent of the OSHA 300 Log recording criteria for occupational hearing loss.

WAC 296-817 vs. Federal OSHA 1910.95: Side-by-Side

Washington WC Integration: A Unique Compliance Environment

Washington is one of four monopolistic workers’ compensation states (along with Ohio, North Dakota, and Wyoming), meaning all WC insurance is provided through L&I — the same agency that enforces WISHA. This integration has a practical implication for hearing conservation documentation: the same audiometric records, noise monitoring data, and HPD documentation that satisfies a WISHA inspection are also the primary records used to evaluate occupational hearing loss WC claims filed with L&I.

Washington employers who maintain complete, well-organized HLP program records benefit from dual-purpose compliance documentation. For WC specifically, see the Washington State Workers’ Compensation Employer Guide.

Frequently asked questions