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

Document 2026-12644 is a Proposed Rule published by the Department of Labor in the Federal Register on June 23, 2026. 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. View the original at https://www.federalregister.gov/documents/2026/06/23/2026-12644/longshore-and-harbor-workers-compensation-act-quality-standards-for-hearing-loss-testing.

No. Document 2026-12644 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.