riddlemay wrote:That is a matter for employees to bring before OSHA.
Early on, I decided I didn't have the time, interest or expertise to get involved in this discussion, but figured I might as well finish writing something (not well researched) I started a week ago regarding OSHA regulations.
Reading the same sources, I came to the opposite conclusion: that it's unlikely the places in the
Los Angeles Times noisiest restaurants survey exceed OSHA limits. Sure, if employees are exposed for a full 40 hours a week to the peak levels recorded at 2 of the restaurants they'd be barely over the limit, but I find it hard to believe that's the situation. That's not to say there might not be risks to employees' hearing; I'm simply addressing the question of whether OSHA limits are being exceeded. And I'm sure the
LAT article isn't the last word on restaurant noise level measurements.
In "Occupational Noise Exposure" OSHA, part of the Department of Labor wrote:OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker's time weighted average over an 8 hour day. With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day.
The
LAT article found two restaurants with sound levels over 90 decibels: Picca at 90.1 and A-Frame at 90.3 (I assume these are peak levels, "noise snapshots" as the reporter says). So these intensities are clearly in excess of what is allowed for an 8-hour period. But it seems unlikely to me these levels would be maintained for that long. The limit is time weighted, with an "exchange rate" of 5 decibels, so it would take a level of 95 decibels over 4 hours to exceed OSHA's limit.
OSHA's
legal limit is higher than NIOSH's
recommendation of 85 decibels over eight hours.
In "Criteria for a Recommended Standard" NIOSH, part of the Centers for Disease Control wrote:The National Institute for Occupational Safety and Health (NIOSH) has recommended that all worker exposures to noise should be controlled below a level equivalent to 85 dBA for eight hours to minimize occupational noise induced hearing loss.
NIOSH now recommends an exchange rate of 3, meaning 85 decibels for 8 hours would be equivalent to 91 decibels for 2 hours. So some of these 90-plus-decibel restaurants may be close to, or over, NIOSH's recommended maximum levels, depending how sound intensity varies over a working shift. But NIOSH's recommendations carry no legal authority; they're simply suggestions for OSHA to consider. It might be worth noting the recommendations were issued in 1972 and revised in 1998 so it appears OSHA is in no hurry. But, who knows, sometime in the future hearing protection may be required for workers at particularly noisy restaurants.