OSHA Proposes Interpretation of Occupational Noise Exposure

OSHA recently published in the Federal Register a proposed interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise (#75:64216-64221).

This “proposed interpretation” and request for comments may have significant impact on general industry, including food processors. This interpretation could change how OSHA enforces the Occupational Noise Exposure standard and require employers to first implement feasible engineering and administrative controls to reduce or eliminate exposure to high noise levels.

Under the summary section of the announcement, OSHA states their intended actions. “This document constitutes OSHA’s official interpretation of the term feasible administrative or engineering controls as used in the applicable sections of OSHA’s General Industry and Construction Occupational Noise Exposure standards. Under the standard, employers must use administrative or engineering controls rather than personal protective equipment (PPE) to reduce noise exposures that are above acceptable levels when such controls are feasible. OSHA proposes to clarify that feasible as used in the standard has its ordinary meaning of capable of being done. The Agency intends to revise its current enforcement policy to reflect this interpretation.”

For almost 30 years, OSHA has not cited employers that provided PPE (ear plugs and or ear muffs) as a means to reduce high noise exposures and that implemented a hearing conservation program. Unless the noise levels were above those listed in Table G-16 — Permissible Noise Exposures, OSHA did not require feasible administrative and engineering controls. Now things may change.

OSHA is interpreting “feasible” to mean they “consider administrative or engineering controls economically feasible when the cost of implementing such controls will not threaten the employer’s ability to remain in business, or if such a threat to viability results from the employer’s failure to meet industry safety and health standards.”