DOL Criteria for Solvent-Related Hearing Loss
For solvent-induced hearing loss claims to be accepted by the Department of Labor (DOL), specific criteria related to diagnosis, solvent exposure, and job categories must be met. Various solvents like Toluene, Styrene, Xylene, Trichlorethylene, Methyl Ethyl Ketone, Methyl Isobutyl Ketone, and Ethyl Benzene are recognized causes of hearing loss. Job categories such as Boilermaker, Chemical Operator, Chemist, Electrician/Electrical Maintenance/Lineman, and others are considered qualifying for compensation. Systematic reviews indicate clear evidence of the impact of solvents on hearing, with consensus statements from organizations like NIOSH, EPA, and the European collaborative study addressing the dose-response relationship and thresholds. Animal and human data further support the link between solvent exposure and hearing impairment, with specific solvents like Styrene, Toluene, Xylene, and others showing adverse effects on hearing at or below current Occupational Exposure Limits (OELs).
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Presentation Transcript
current DOL criteria solvent related hearing loss If an employee has a diagnosis of sensorineural hearing loss in both ears AND the employee was exposed to one of the listed chemical solvents AND worked in one of the listed labor categories for the required concurrent and unbroken 10-year period Then the claim can be accepted for hearing loss.
DOL will accept a claim for these solvents as cause of hearing loss Toluene Styrene Xylene Trichlorethylene Methyl Ethyl Ketone Methyl Isobutyl Ketone Ethyl Benzene
DOL accepts the following job categories, when held for a period of at least ten consecutive years prior to 1990, as qualifying for compensation for solvent induced hearing loss Boilermaker Chemical Operator Chemist Electrician/Electrical Maintenance/Lineman Electroplater/Electroplating Technician Garage/Auto/Equipment Mechanic Guard/Security Officer/Security Patrol Officer (i.e. firearm cleaning activities) Instrument Mechanic/Instrument Technician Janitor Laboratory Analyst/Aide Laboratory Technician/Technologist Lubricator Machinist Maintenance Mechanic Millwright Operator (most any kind) Painter Pipefitter Printer/Reproduction Clerk Refrigeration Mechanic/HVAC Mechanic Sheet Metal Worker Utility Operator
Systematic reviews Recent reviews conclude that both animal and human studies clearly establish effect on solvents on hearing Review of compound specific data has clear limitations since most workers are exposed to multiple solvents Review of mixed exposure data more limited Consensus statements are available from NIOSH (2003), EPA (2003), Nordic Expert Group, EU OSHA No consensus on dose-response or existence of threshold in reviews although recent paper has addressed it (through European collaborative study)
Animal and human data Systematic review by NIOSH and Nordic Nordic Expert Group for Criteria Documentation of Health Risks from Chemicals Styrene, toluene, xylene carbon disulfide cause hearing loss at or below current OELs Xylene, ethylbenzene: more limited occupational data. Animal data show effects at or below current OELs TCE and solvent mixtures show significant effect in human studies. Mixtures most often MEK, MIBK, xylene and toluene NR 2010;44(4) The Nordic Expert Group for Criteria Documentation of Health Risks from Chemicals; 142. Occupational exposure to chemicals and hearing impairment. A C Johnson and T C Morata
Good data that noise and solvent exposure are synergistic in causing hearing loss However, SEM does not include any information on noise exposure, since noise is not a hazard considered under EEOICPA
Recommended exposure presumption for solvent induced hearing loss A claim would meet the presumption for solvent-related hearing loss if there is A diagnosis of sensorineural hearing loss AND Significant solvent exposure defined as: Work for at least 7 cumulative years in any of the job titles on list in current presumption, or in any construction or maintenance job. OR Reported exposure to styrene toluene, xylene, ethylbenzene TCE, carbon disulfide on OHQ, or evidence for exposure organic solvents in the SEM, for at least 7 years cumulative OR Reported exposures to solvent mixtures on OHQ, or evidence for sustained exposure to those solvent mixtures in the SEM, for at least 7 years cumulative OR Exposure for 7 years cumulative established through work history and DDWLP
Recommendations Committee recommends that DOL develop direct disease work links for tasks with exposure to above solvents in the range of the OEL
Recommended exposure presumption for solvent induced hearing loss, continued Additionally, claims examiners should not routinely deny claims for solvent induced hearing loss if the worker has had fewer than 10 years of exposure, does not have a DDWL for task, or is not in a labor category on list. Claims that do not meet the requirements set forth here but do have reported exposure to organic solvents for at least 5 years cumulative should be sent for IH and/or CMC review