RadioEar asked whether its DD45 supra-aural headphones, which conform to ANSI S3.6-2018 Table 5 calibration values, can be used for audiometric testing under OSHA's hearing conservation rules. The problem: 29 CFR 1910.95 Appendix E references only the older TDH-39 and TDH-49 headphones based on ANSI S3.6-1969, and the ANSI standard has been updated multiple times since.
OSHA first noted it does not approve commercial products. But the agency determined that the revised ANSI S3.6-2018 provides equivalent safety protection compared to the 1969 version specified in the regulation. As a result, complying with the newer standard creates a de minimis condition — an alternative measure with no direct or immediate impact on safety or health. OSHA issues no citations, penalties, or abatement requirements for de minimis conditions.
One nuance worth noting: the regulatory text itself still references the older standard, and OSHA pointed out that formally changing a standard requires rulemaking procedures. Until that happens, the de minimis policy is what protects employers using equipment calibrated to the current ANSI values.