On Sept. 13, 1999, the Mine Safety and Health Administration (MSHA) promulgated a final Noise Rule that becomes effective Sept. 13, 2000. This rule closely resembles MSHA's previous noise rule, with the addition of a few new features.

What follows is a summary of the new rule's major features. This summary does not reflect every aspect of the new rule, but does highlight the aspects that have the most significant impact on the cement industry:

* Retains the Permissible Exposure Limit (PEL) of 90 dBA (time-weighted average, or TWA; most exposure limits are based on an 8-hour TWA).

* Requires the use of all feasible engineering and administrative controls, used either separately or in combination, to reduce employee noise exposure to 90 dBA (TWA).

* Operators must ensure that no miner is exposed to sound levels exceeding 115 dBA.

* Hearing protection is required when employee exposure exceeds 90 dBA (TWA). Hearing protection alone cannot be used as a noise-control method, unless is can be demonstrated that engineering and administrative controls are not feasible.

* Dual hearing protection (earplugs and earmuffs) must be worn by employees whose noise exposure exceeds the TWA of 105 dBA.

* For employees whose noise exposure equals or exceeds 85 dBA (TWA), operators must enroll employees in a Hearing Conservation Program.

Components of hearing conservation program (HCP) Noise Exposure Monitoring-Operators must establish a noise-monitoring system that evaluates each miner's noise exposure sufficiently to determine continuing compliance with all aspects of the final rule. This rule does not require that each miner be individually evaluated for noise exposure, provided that the established monitoring system serves to detect individual miner's noise exposure.

Hearing Protection-The mine operator must provide hearing protection to employees whose noise exposure equals or exceeds the action level of 85 dBA. The rule does not require the operator to enforce the use of hearing protection at noise levels of 85 to 90 dBA (TWA). However, whenever employee noise exposure exceeds the permissible exposure limit (PEL) of 90 dBA (TWA), the operator must ensure that employees wear hearing protection.

Audiometric Testing-Operators must offer baseline and annual audiometric testing to employees whose noise exposure exceeds the action level. Employees may choose to decline participation in an audiometric testing program. The operator may use an existing audiogram of the miner's hearing sensitivity as the baseline audiogram, if it meets the audiometric testing requirements.

-Audiometric testing must be performed by a qualified individual such as a physician, audiologist, or qualified technician.

-The operator must, within 10 working days of receiving the results of an audiogram, inform the employee in writing of the results of the audiometric test and provide an interpretation of the results.

-When evaluation of the audiogram shows that a miner has incurred a reportable hearing loss, the operator must report such loss to MSHA as a noise-induced hearing loss, unless a physician or audiologist has determined that the loss is neither work-related nor aggravated by occupational noise exposure.

Training-Required for employees whose noise exposure equals or exceeds 85 dBA (TWA).

-Must be conducted within 30 days of an employee's enrollment in an HCP and annually if the employee's noise exposure continues to equal or exceed 85 dBA (TWA).

-The operator must certify the date and type of training given each miner and maintain the miner's most recent certification for as long as the miner is enrolled in an HCP and for at least six months thereafter.

-Training program elements include:

* The effects of noise on hearing;

* Purpose and value of hearing protectors;

* Advantages/disadvantages of hearing protectors offered;

* Care, fitting, and use of each type of hearing protection offered;

* The requirements of the training program; and

* Purpose and value of audiometric testing and a summary of the procedure.

Records-Operators must provide a copy of records to employees only upon request.

-Records can be electronically filed at the company's central location.