Establishing noise exposures at and above the Action Level are assumed to be WITHOUT hearing protectors (OSHRC 2016)
The company was engaged in repairing and refurbishing railcars and related activities when it was cited by OSHA on October 30, 2015, for serious violations. The citation contained 5 items and proposed penalties totaling $23,000.00. After [The company] timely contested the citation, the Secretary filed a formal complaint with the Commission charging [The company] with violating the Act and seeking an order affirming the citation. The parties stipulated to the dismissal of Items 1, 2a, 2b, 3, 5a, and 5b of the citation. Thus, the only remaining issue in this proceeding is Item 4 of the citation, with a proposed penalty of $7,000.00, which alleges a violation of OSHA’s audiometric testing program, 29 CFR § 1910.95(g)(1). For the reasons indicated infra, Item 4 is AFFIRMED and [The company] is assessed a civil penalty of $7,000.00. |
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