I have an employee who refuses to take an audiogram. Can my company make him take the test?

Employers are only required to offer the testing to employees who are exposed to 85 decibels at or above an 8-hour time-weighted average. OSHA doesn’t force workers to take audiograms although it strongly recommends they do, and in a Letter of Interpretation the agency says that it “hopes” employees will take advantage of free testing. However, OSHA never says that employers can’t establish a company rule requiring employees to submit to audiometric testing.

Therefore, employers can make employee participation a condition of employment. If an employee won’t take the test, they would be subject to the same fair disciplinary policy as an employee who refused to come to work on time or follow any other workplace rule. Just keep in mind that if you have employees who are exposed at or above the action level – and they are not tested – you will be the one subject to OSHA scrutiny, not your employee.

OSHA says it is up to the employer to meet the regulatory requirements. That is, to make sure that employees fully participate in the hearing conservation program and any testing. You may also want to contact your legal department or legal representative for their advice.