OSHA WITHDRAWS PROPOSED INTERPRETATION RELATED TO OCCUPATIONAL NOISE (01/19/2011)
The Occupational Safety and Health Administration (OSHA) Jan. 19 announced that it is withdrawing a proposal to expand the official interpretation of the term “feasible” in relation to occupational noise exposure standards.  OSHAintended to reinterpretthe word “feasible” to mean “capable of being done,” meaning that the agency would be able to cite a company for not implementing administrative controls unless the company can demonstrate that implementing such controls would put them out of business or threaten the viability of their business.  

In a Dec. 13 letter to Secretary of Labor Hilda Solis, Sens. Olympia Snowe (R-Maine) and Joseph Lieberman (I-Conn.), co-chairs of the Senate Task Force on Manufacturing, expressed concerns that the expanded interpretation would force businesses into making expensive changes that would inhibit job creation. Snowe and Lieberman asked that OSHA consider alternative interpretations and unintended consequences of the proposal in addition to noting the lack of data to back up the proposed change.  

In response, OSHA withdrew the proposed interpretation and said that the agency intends to review submitted comments and other information; hold stakeholder meetings; consult with experts; and initiate an outreach and compliance assistance effort before taking any other steps.  

“It is clear from the concerns raised about this proposal that addressing this problem requires much more public outreach and many more resources than we had originally anticipated,” said David Michaels, assistant secretary of labor for occupational safety and health. “We are sensitive to the possible costs associated with improving worker protection and have decided to suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.”  

ABC also spoke out against the proposed change in a Jan. 12letter to the U.S. House of Representatives Committee on Oversight and Government Reform Chairman Rep. Darrell Issa (R-Calif.) on the most egregious federal regulatory activity that is detrimental to ABC members.     

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