**THE NOISE EXPERIENCE IN THE U.S.**

**\-- WHERE TO FROM HERE?**

**John Langton**

**Deputy Administrator, CMS&H**

**Department of Labor**

**Mine Safety and Health Administration**

**Mining Hearing Loss Prevention Workshop**

**Charleston Civic Center**

**Charleston, WV**

**June 21, 2005**

Good Morning. I would like to take a moment to acknowledge:

> 1\. Our workshop organizers, NIOSH, for hosting this important Mining
> Hearing Loss Prevention Workshop;
>
> 2\. The Coal Noise Partnership for co-sponsoring this workshop to
> raise awareness about the prevention of noise-induced hearing loss;
>
> 3\. Our presenters and panelists for sharing their knowledge and
> experiences in practical solutions and innovations for noise control;
> and lastly,
>
> 4\. Our audience, whose presence here demonstrates a common concern
> for the prevalence of hearing loss in the mining industry and a common
> purpose in seeking solutions to protect miners' health and hearing.

It has been close to 5 years since the Mine Safety and Health
Administration's "Health Standards for Occupational Noise Exposure" (30
CFR Part 62) became effective. This noise rule continues to challenge
the mining industry, no matter what role you have -- as an operator, a
miner, a researcher, an academic, an attorney, manufacturer or
after-market vendor, or a regulator.

The intentions of the MSHA noise rule are quite simple:

-   We issued a uniform rule for coal and metal/nonmetal mining
    industries so that all miners, regardless of the commodity in which
    they were working, are protected from occupational noise;

-   We offered a performance-based standard, instead of a specification
    standard, so that operators could install and implement controls to
    fit their needs and comply with the provisions of the regulations;

-   We designed a technology-forcing rule, recognizing that engineering
    out noise at the source was the ultimate solution and that these
    solutions offered greater protections for the miner;

-   We modified the traditional hierarchy of controls and recognized the
    primacy of engineering [and]{.underline} administrative controls;

-   We recognized that the old coal policy of giving credit for hearing
    protection in lieu of engineering controls hindered the development
    of noise control technology;

-   We acknowledged the importance of hearing protectors in hearing loss
    prevention and mandated their use for miners who are enrolled in a
    hearing conservation program;

-   We required occupational monitoring to determine compliance and
    medical surveillance through audiometric testing to determine and
    track trends in a miner's hearing loss;

-   We recognized that engineering and administrative controls could be
    technologically achievable but not economically feasible; and
    lastly,

-   We promulgated an occupational noise standard that established
    permissible exposure, action and dual hearing protection levels and
    exchange rates that are higher than those that are currently
    enforced in the international arena due to technological and
    economic feasibility considerations for the mining industry.

-   **We recognized that "one shoe does not fit all feet" and that the
    feasibility determination concerning controls must be handled on a
    "case-by-case" basis.**

-   **We recognized that our inspection personnel must be consistent in
    their interpretation and enforcement of the Noise Rule and related
    policies and procedures. To achieve this goal, we have relied on the
    guidance and advice of the One MSHA Noise Committee as well as
    conducting comprehensive training of our inspectors in the
    application of the respective regulation, policies and procedures.
    Tomorrow the session is dedicated to enforcement training and will
    consist of the same training and provide the same resource materials
    as what was recently given to MSHA personnel.**

The U.S. coal mining industry overall has made significant progress in
the control of occupational noise 5 years after the implementation of
the MSHA noise rule. Instead of solely relying on hearing protection as
a noise control, operators have utilized engineering or administrative
controls, or a suite of controls, to minimize miners' occupational noise
exposures and to achieve compliance. Tangible and intangible benefits
include reduced workers' compensation costs, better running equipment,
improved working conditions and productivity, and satisfied employees
who do not suffer from hearing loss.

We are all aware that noise "opportunities" (or some may call them
challenges) remain in the coal mining industry. Sixty-three percent of
citations for occupational noise overexposures in the underground coal
mining environment are attributed to the continuous miner, 16% for the
roof bolter, 15% for the longwall and 6% for other.

On the surface, the sources for occupational noise overexposures are
more diverse: 24% auger mining machine, 11% bulldozer, 9%
dragline/shovel, 7% loader and "other" captures 49% of active citations.
These noise sources are the most difficult and vexing problems for the
entire coal mining industry.

So where do we go from here?

Today, we have the forum not only to learn about practical approaches
and solutions, but to challenge our own perceptions about noise in the
mining industry.

Today, the U.S. coal mining industry benefits from the leadership of the
Coal Noise Partnership, a coalition of the National Institute for
Occupational Safety and Health, National Mining Association, Bituminous
Coal Operators Association, United Mine Workers of America and MSHA.
This partnership creates a unique, collaborative relationship where
focused research efforts and limited resources can be leveraged to
identify and develop new noise control technology and solutions in an
effective manner.

Today, tools such as the internet, DVDs, and other devices can assist in
the dissemination of hearing loss prevention information to miners,
operators, and the mining community. NIOSH's hearing loss simulator and
MSHA's noise control guides are examples of valuable resources. We need
to canvass the mining industry to see what other tools may be helpful in
hearing loss prevention.

Today, we can actively listen to those who made a difference in the
noise field. We can generate ideas and gain knowledge from those who
lead by example and are willing to share their know-how and perspective.
We can challenge ourselves to create, innovate, and design solutions.

Today, we are the catalysts -- catalysts in creating dialogue in the
mining community, actively pursuing solutions and encouraging
advancements in noise control technology. We need to be the drivers that
take us to the next level of achievement and noise control.

Today, we bring together the entire mining community to conduct a
diagnostic on the problems and the barriers for operators, miners and
manufacturers in controlling noise at the source.

Today, we challenge the mining industry to stop enabling behaviors in
their organizations, i.e. when it comes to noise, "there's nothing we
can do" or "it's not feasible" or "I've worked in a noisy environment
all my life..." We strive to instill a new culture, a culture of
prevention.

Today, we empower those in our organizations, including our junkyard
mechanics, to help us come up with ideas, design solutions and if there
are barriers, to seek remedies.

Today, we champion the miner and dispel the notion that investment in
noise controls is detrimental to the operator's bottom-line.

Today, we encourage our colleagues to work with NIOSH and MSHA in the
research and development of promising noise controls and implementation
of technologically achievable engineering controls. We dispel fears that
other operators may look upon their efforts with disfavor and if the
technology is proven successful, other operators would be forced to
implement the control(s). If you buy into this argument, then your
priorities are misplaced.

Today, the U.S. coal mining industry benefits from a favorable, domestic
energy policy and public appetite for energy and fossil fuels. This has
resulted in an increase in the number of surface and underground coal
mines and expansions, rising coal prices, increased revenues for
publicly-traded coal companies, and the hiring of the next generation of
miners. Now is the time to institute a buy-quiet equipment policy and to
make those capital investments for quieter equipment and noise controls
to prevent future hearing loss.

So today, if we do not push the envelope in quieting our mining
equipment, creating the next generation of quieter mining equipment, and
protecting the hearing of our new and current miners, who will?

WE WILL, TODAY!!

THANK YOU.