Listen to the Music: Should Employers Allow Earbuds or Headphones in the Workplace?

With the passing of the 2019 holiday season, one of the popular gifts received included the new Apple AirPods wireless earbuds. Competitors such as Beats and Bose also offer incredible options when it comes to earbuds and headphones. Over the past few years, the technology has improved dramatically. The sound quality is incredible. Bluetooth technology allows the user to go wireless. Battery life allows the user to, as the infamous Doobie Brothers songs says, “What people need is a way to make them smile. Woah, Oh Listen to the Music,” the entire work day.

A new generation of workers has entered the workforce. A generation that grew up with devices in hand from their early years. They are a generation that prefers not to be separated from technology. To be fair, the use of technology is not limited to the younger generation. Workers of all ages have devices in their pockets and the ability to rock out to their favorite jams during the working day. Really, it just boils down to whether the employee is rocking out to Elvis or Eminem?

Living On a Prayer
Several brands of earbuds and headphones available are marketed as ‘noise cancelling.’ Employees may believe earbuds and headphones can then become a form of proper hearing protection. Employers should be aware of the exposures to noise hazards in the workplace, and as a result, employees may take the stance that noise cancelling headphones provide adequate protection. Employees, like the classic Bon Jovi song, will “hold on to what we’ve got. You live for the fight when it’s all that you’ve got.”

In addition to marketing earbuds and headphones as noise cancelling, there are even some products in the space being marketed as “OSHA Approved” or “100% OSHA Compliant.” In September 2019, Acting Director of the Occupational Safety and Health Administration (OSHA) Directorate of Enforcement Programs, Patrick Kapust responded to these claims in a letter of interpretation. In response to a question submitted to OSHA, Kapust wrote,

“Some manufacturers may claim that their products are ‘OSHA approved’ or ‘100% OSHA compliant.’ OSHA does not register, certify, approve or otherwise endorse commercial or private sector entities, products or services. Therefore, any such claims by a manufacturer are misleading.”

I Told You So
Unlike the ballad by classic country crooner, Randy Travis, that said, “And suppose I cried and said, ‘I think I finally learned my lesson’,” OSHA has not issued any specific rules pertaining to the use of earbuds and headphones in the workplace. However, the U.S. Department of Labor stated in 2011 that workers operating dangerous equipment are at risk when using earbuds or headphones. The Department of Labor also stated that the use of earbuds and headphones made it difficult for one to hear emergency alerts and may compromise an employee’s awareness of surroundings and the level of safety consciousness.

OSHA seems to have taken the position of leaving it up to employers to determine the appropriateness of earbuds or headphones in the workplace. From the previously mentioned letter of interpretation, Acting Director Kapust stated, “The use of headphones may be permissible at managerial discretion, unless such use creates or augments other hazards apart from noise.” In the end, the employer will need to determine if the use of earbuds and headphones creates or augments a hazard.

In the marina or boatyard work environment, the argument is easy to make that the use of earbuds and headphones does, in fact, create or augment a hazard. Tasks such as pumping fuel, operating a forklift or travel lift, sanding, painting or boat blocking are all task that increase employee exposure to hazards based on the use of earbuds or headphones. While OSHA has not implemented specific standards for headphones, under the General Duty Clause, employers have an obligation to provide a workplace free of recognized hazards.

Final Thoughts
The best approach for the marina or boatyard business is to develop a policy that prohibits the use of earbuds or headphones in areas that expose employees to flammables, combustibles, chemicals, paints, varnishes, gelcoat, resins, or machinery. Honestly, this may only leave the office, ship store, or break room as the location where use of earbuds or headphones is permitted.

Within the policy, employees should be prohibited from wearing earbuds or headphones as a substitute for hearing protection or in a manner that allows use under or over proper hearing protection. If you have previously allowed the use of earbuds or headphones, you may consider implementing a new policy for the upcoming boating season.