On June 23, 2026, the US DOL Office of Workers’ Compensation Programs (OWCP) provided an opportunity to comment on rules related to hearing loss and the US Longshore and Harbor Workers Compensation Act. See https://public-inspection.federalregister.gov/2026-12644.pdf
The Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. 901–950, provides for the payment of compensation to employees for disability or death from injury arising out of and in the course of employment. Hearing loss claims represent a substantial portion of claims filed under the LHWCA.
Section 8(c)(13) of the LHWCA, 33 U.S.C. 908(c)(13), specifically addresses compensation for loss of hearing and establishes that audiograms meeting certain criteria provide presumptive evidence of the amount of hearing loss sustained. Medical testing evidence is essential to evaluating benefits entitlement in virtually every hearing loss claim. Under Section 8(c)(13)(C), an audiogram is presumptive evidence of the amount of hearing loss sustained as of the date thereof, only if:
(i) such audiogram was administered by a licensed or certified audiologist or a physician who is certified in otolaryngology,
(ii) such audiogram, with the report thereon, was provided to the employee at the time it was administered, and
(iii) no contrary audiogram made at that time is produced.
The Department’s implementing regulations are currently codified at 20 CFR 702.441. Section 702.441(d) provides that in determining the loss of hearing under the Act, evaluators shall use the criteria for measuring and calculating hearing impairment as published and modified from time-to-time by the American Medical Association in the Guides to the Evaluation of Permanent Impairment, using the most currently revised edition of this publication. In addition, the audiometer used for testing must be calibrated according to current American National Standard Specifications for Audiometers. Audiometer testing procedures required by hearing conservation programs pursuant to the Occupational Safety and Health Act of 1970 should be followed (as described at 29 CFR 1910.95 and appendices).
Since the current regulations were established, medical technology and practice have evolved significantly. Objective testing methods such as Auditory Brainstem Response (ABR), Auditory Steady State Response (ASSR), Otoacoustic Emissions (OAE) and other screening have become more widely available and are used in clinical settings. These objective tests measure physiological responses to sound stimuli and do not rely on subjective patient responses, unlike traditional pure-tone audiometry (audiograms). Stakeholders have expressed interest in having the regulations updated to consider whether objective testing methods should be used in addition to traditional audiograms based on their relative reliability and validity.
OWCP is now considering updating the standards for administering hearing tests and the relative weight given to different testing methodologies. Recognizing that qualifying audiograms constitute presumptive evidence of hearing loss, OWCP seeks input on how objective testing methods may be used within this statutory framework, including to resolve discrepancies between multiple audiogram tests or as supporting or rebuttal evidence. OWCP’s goal is to adopt regulations that reflect current medical technology and practice while ensuring accurate, reliable, and fair determinations of hearing loss.
UWC supports this review as part of the objective determination of hearing impairment and in determining the extent to which such impairment may have been due to and arising from work covered under the Longshore Act. In many cases hearing may have been tested years after Longshore covered employment. Tests that rely primarily on claimants responding without objective examination may not be accurate and may not be indicative of impairment due to Longshore covered employment.
The Department invites written comments on the request for information from interested parties. Written comments must be received by October 21, 2026, [120 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: You may submit written comments by any of the following methods. To facilitate receipt and processing of comments, OWCP encourages interested parties to submit their comments electronically. • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions on the Web site for submitting comments. • Regular Mail/Hand Delivery/Courier: Submit comments on paper to the Division of Longshore and Harbor Workers’ Compensation, Office of Workers’ Compensation Programs, U.S. Department of Labor, 200 Constitution Avenue, N.W. Suite S3524 – DLHWC – LHWCA, Washington, D.C. 20210. The Department’s receipt of U.S. mail may be significantly delayed due to security procedures. You must take this into consideration when preparing to meet the deadline for submitting comments. Instructions: You must include the agency name and the Regulatory Information Number (RIN) for this rulemaking in your submission. Caution: All comments received will be posted without change to http://www.regulations.gov. Please do not include any personally identifiable or confidential business information you do not want publicly disclosed. Docket: For access to the rulemaking docket and to read background documents or comments received, go to http://www.regulations.gov.
