Donovan v. Castle & Cooke Foods, Division of Castle & Cooke, Inc.

692 F.2d 641 68 A.L.R.Fed. 717, 10 O.S.H. Cas.(BNA) 2169, 1982 O.S.H.D. (CCH) P 26,312 Raymond J. DONOVAN, Secretary of Labor, Petitioner, v. CASTLE & COOKE FOODS, A DIVISION OF CASTLE & COOKE, INC., and Occupational Safety and Health Review Commission, Respondents. No. 77-2565. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1982. Decided Nov. 19, 1982. Dennis Kade, Dept. of Justice, Washington, D.C., for petitioner. Hugh Shearer, Goodswill, Angerson & Quinn, Honolulu, Hawaii, for respondents. On Petition to Review an Order of the Occupational Safety and Health Review Commission. Before BROWNING, Chief Judge, and CHAMBERS and HUG, Circuit Judges. HUG, Circuit Judge: 1 Regulations promulgated pursuant to the Occupational Safety and Health Act (the "Act"), 29 U.S.C. Secs. 651-678 , require employers to install feasible engineering or administrative controls to protect employees from exposure to harmful noise levels. The Secretary of Labor cited Castle & Cooke Foods, Inc. for violation of this regulatory standard. The Occupational Safety and Health Review Commission vacated the citation, concluding that the cost of the proposed…