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PROPOSED RULECOMMENTS CLOSED OCTOBER 22, 2026

Longshore and Harbor Workers' Compensation Act: Quality Standards for Hearing Loss Testing

Labor Department / Workers' Compensation Programs Office

The Longshore and Harbor Workers' Compensation Act (LHWCA) provides compensation to employees for disability or death from injury arising out of and in the course of employment. Hearing loss claims constitute a significant portion of LHWCA claims, and determining the extent of hearing loss necessarily entails evaluating medical test results. The program statutes and regulations currently reference audiograms as the primary testing method and incorporate the American Medical Association's Guides to the Evaluation of Permanent Impairment for measuring and calculating hearing impairment. The Office of Workers' Compensation Programs (OWCP) is considering updating the quality standards for hearing loss testing to better reflect current medical technology and practice, particularly the potential use of objective testing methods. This request for information seeks the public's input on the comparative reliability and validity of audiograms versus objective tests such as Auditory Brainstem Response (ABR), Auditory Steady State Response (ASSR), and Otoacoustic Emissions (OAE) and others; current standards for administering these tests; and criteria used to evaluate hearing impairment.

Published June 23, 2026Document 2026-12644

What happens next

The comment period closed on October 22, 2026. The agency now reviews the comments. If it goes ahead, it publishes a final rule in the Federal Register that responds to significant comments. We link it here when it appears. See what is open for comment now.

From the Federal Register as of November 3, 2026. Deadlines can change; the official document governs. Not legal advice.

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