Boise Cascade Corporation, Composite Can Division v. Secretary of Labor and Occupational Safety and Health Review Commission

Boise Cascade Corporation petitions for review of a decision of the Occupational Safety and Health Review Commission enforcing a citation for violation of occupational noise standards. The Secretary of Labor cited the company for failure to install engineering and administrative controls to abate noise levels and failure to implement a hearing conservation program. We affirm the determination that Boise Cascade violated the standard and the requirement that it institute an effective hearing conservation program. Because the Secretary failed to prove that feasible engineering controls exist, we vacate the portions of the citation requiring implementation of such controls.

Boise Cascade Corporation operates a plant in Turner, Kansas, at which composite cans are formed. Approximately 125 persons are employed at the plant.

In February, 1972, an Occupational Safety and Health Administration (“OSHA”) industrial hygienist inspected the plant to determine the employees’ noise exposure. He recorded noise levels in excess of the 90 dBA level permitted under the applicable OSHA standard, 29 C.F.R. § 1910.95 (1981). Based on the hygienist’s observations, the Secretary issued a citation on…