Olin Corporation (Commission decision, December 23, 1982)

Plain-English summary

Olin Corporation faced an alleged violation of the occupational noise standard's feasible-control requirement. After an intervening Supreme Court decision, the Commission abandoned its prior cost-benefit test and treated feasibility as technological and economic achievability. It vacated the judge's ruling and remanded the case for additional evidence and reconsideration under that standard.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.95(b)(1).
• Outcome: The judge's ruling on the alleged noise violation was vacated and the case remanded for further proceedings.
• Key point: The parties could submit new evidence on whether noise controls were technologically and economically achievable.

Full text (OSHRC public release)

Docket No. 78-5919

OLIN CORPORATION

OSHRC Docket No. 78-5919

Occupational Safety and Health Review Commission

December 23, 1982

[*1]

Before: CLEARY and COTTINE, Commissioners. *

• Chairman Rowland took no part in the consideration or decision of the case.

COUNSEL:

Office of the Solicitor, USDOL

Albert Ross, Reg. Sol., USDOL

Ian P. Spier, Assistant Labor Counsel, Olin Corporation, For Employer

OPINION:

ORDER OF REMAND

BY THE COMMISSION:

In accordance with the decision of the U.S. Supreme Court in American Textile Manufacturing Institute, Inc. v. Donovan, 101 S. Ct. 2478 (1981) ("ATMI"), the Commission held that "feasible" under the occupational noise standard means achievable.

The Commission overruled the cost-benefit test of feasibility previously set forth in Continental Can Co., 76 OSAHRC 109/A2, 4 BNA OSHC 1541, 1976-77 CCH OSHD P21,009 (No. 3973, 1976), appeal withdrawn, No. 76-3229 (9th Cir. Apr. 26, 1977), and substituted a test consistent with ATMI.

In view of this intervening change in law, the judge's decision with respect to the alleged violation of section 1910.95(b)(1) is vacated.

The case is remanded for further proceedings, including evidentiary submissions, so that the interrelated [*2]

issues of technological and economic feasibility can be reconsidered in light of the test of feasibility established by Sun Ship, Inc.

SO ORDERED.