Therein lies the first real problem in defending a hearing loss claim: an employer’s preventative measures are guided by OSHA regulations which are specific –specific to the point of expressing “safe” decibel levels of exposure in time-weighted averages — and the WCL simply tells us the “injurious exposure” to loud noise causes hearing loss. Evidence about a workers’ regular use of hearing protection, according to case law, can be probative evidence on the issue of exposure, but as with almost every line of precedent issued by the Board, cases are fact sensitive. That fact is most clearly demonstrated by the Appellate Division’s ruling in Zham v.