(January 18, 2011) The California Chamber of Commerce is urging members to provide their comments on proposed changes in the way employers protect against excessive noise in the workplace.
For the last 25 years, the federal Occupational Safety and Health Administration (OSHA) has required the use of administrative or engineering controls only if personal protective equipment (PPE), including earplugs, earmuffs and other hearing protectors, was not sufficient in reducing workplace noise to acceptable levels.
New Interpretation
On October 19, 2010, however, OSHA proposed to reverse its long-standing interpretation of the rule, 29 CFR Section 1910.95 (B)(1), and what constitutes a “feasible” protection against noise.
OSHA’s new proposed policy will require PPE as a last resort, rather than an acceptable primary means of complying with the noise standard.
This reversal in interpretation could have costly implications for employers, such as upgrading to quieter machinery, installing soundproofing barriers or hiring additional staff to allow them to be rotated for the same job, thereby reducing their exposure to noise.
In addition, OSHA is proposing the term “feasible” to mean any administrative or engineering control that doesn’t threaten a company’s “ability to remain in business.”
For example, if a company is not able to retrofit machines to reduce noise, the company could be required to purchase new machinery, regardless of the cost, so long as it would not bankrupt the company.
In the case of a large company, using this new interpretation could include OSHA forcing the closure of a facility so long as the company itself could sustain the loss.
With OSHA’s proposed changes, companies that are currently successful in using PPE to protect their employees could be required to implement engineering and administrative measures. A company could not justify failure to utilize engineering controls based on any reason short of the insolvency of the company as a whole.
Seeking Comments
Questions or concerns about these changes can be submitted to Policy Advocate Marti Fisher, marti.fisher@calchamber.com.