2026-12644Proposed RuleWallet

Feds Want High-Tech Hearing Tests for Harbor Workers

Published Date: 6/23/2026

Proposed Rule

Summary

The Department of Labor wants to update how hearing loss is tested for Longshore and Harbor workers who file claims. They’re asking for public input on new, high-tech hearing tests that might be better than the old audiograms. If you have ideas, send them in by October 22, 2026—this could change how hearing loss claims are handled and improve fairness and accuracy.

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Possible Shift to Objective Hearing Tests

The Department of Labor is considering changing Longshore and Harbor Workers' Compensation hearing-loss standards to include objective tests such as Auditory Brainstem Response (ABR), Auditory Steady State Response (ASSR), and Otoacoustic Emissions (OAE) in addition to traditional audiograms. OWCP is asking for public input on whether and how these objective methods should be used; comments are due by October 22, 2026.

Objective Tests Could Alter Evidence Weighting

OWCP is explicitly asking how objective tests (ABR, ASSR, OAE) should be used within the statutory framework that currently treats qualifying audiograms as presumptive evidence. The agency seeks input on whether objective tests could resolve discrepancies, serve as supporting or rebuttal evidence, or change how impairment is calculated.

Small Entities May Face Economic Effects

OWCP asks for data on the economic impact of any updated testing standards, and is especially interested in effects on small entities such as small employers and small medical practices. The request asks for cost estimates, access barriers, and feasibility information to assess impacts on small entities.

Possible Consideration of OTC Hearing Aids

OWCP asks whether over-the-counter (OTC) hearing aids should be considered appropriate compensation in LHWCA hearing-loss cases and requests input about affordability, ease of use, and capabilities when comparing OTC and prescription devices. Stakeholders may comment on this question by October 22, 2026.

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Key Dates

Published Date
Comments Due
6/23/2026
10/22/2026

Department and Agencies

Department
Independent Agency
Agency
Labor Department
Workers' Compensation Programs Office
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