# 2026-12644: Feds Want High-Tech Hearing Tests for Harbor Workers 2026-12644, Longshore and Harbor Workers' Compensation Act: Quality Standards for Hearing Loss Testing, is a Federal Register proposed rule from Labor Department, Workers' Compensation Programs Office published 2026-06-23, effective The Department invites written comments on the request for information from interested parties. Written comments must be received by October 22, 2026.; PRIA reads it as touching household money (as of 2026-06-30). - Canonical: https://policyrisk.com/federal-register/2026-12644 - As of: 2026-06-30 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-12644 - Title: Longshore and Harbor Workers' Compensation Act: Quality Standards for Hearing Loss Testing - Type: Proposed Rule - Agencies: Labor Department; Workers' Compensation Programs Office - Citation: 91 FR 37364 - Published: 2026-06-23 - Effective: The Department invites written comments on the request for information from interested parties. Written comments must be received by October 22, 2026. - Comments close: 2026-10-22 - Significant: no - Touches household money: yes - Regulation identifier numbers: 1240-AA20 - Last updated: 2026-06-30 ## In one line Feds Want High-Tech Hearing Tests for Harbor Workers ## 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. ## Abstract 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. ## Effects PRIA read - Possible Shift to Objective Hearing Tests: mixed, medium. 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… - Objective Tests Could Alter Evidence Weighting: mixed, medium. 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,… - Small Entities May Face Economic Effects: cost, medium. 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 ent… - Possible Consideration of OTC Hearing Aids: mixed, medium. 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,… ## Related documents - [2026-15325](https://policyrisk.com/federal-register/2026-15325): Black Lung Benefits Act: Authorization of Self-Insurers, 2026-07-30 - [2026-10456](https://policyrisk.com/federal-register/2026-10456): Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2026, 2026-05-27 - [2026-16904](https://policyrisk.com/federal-register/2026-16904): Proposed Extension of Information Collection; Longshore and Harbor Workers' Compensation Act Pre-Hearing Statement (LS-18), 2026-08-19 - [2026-16882](https://policyrisk.com/federal-register/2026-16882): Proposed Extension Without Change of a Currently Approved Information Collection: Claim for Continuance of Compensation, 2026-08-19 - [2026-16901](https://policyrisk.com/federal-register/2026-16901): Proposed Extension of Information Collection: Form CA-2a, Notice of Recurrence, 2026-08-19 - [2026-12757](https://policyrisk.com/federal-register/2026-12757): Proposed Revision of a Previously Approved Information Collection; Claim for Medical Reimbursement (OWCP-915 Part A), Medication Reimbursem…, 2026-06-25 ## Sources - [2026-12644 on federalregister.gov](https://www.federalregister.gov/documents/2026/06/23/2026-12644/longshore-and-harbor-workers-compensation-act-quality-standards-for-hearing-loss-testing) - [2026-12644 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-06-23/pdf/2026-12644.pdf) ## Related - [Previous: 2026-12597, Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 2…](https://policyrisk.com/federal-register/2026-12597) - [Next: 2026-12676, Medicare and State Health Care Programs: Fraud and Abuse; Request for Informati…](https://policyrisk.com/federal-register/2026-12676) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-12644 (as of 2026-06-30).