On October 19, 2010, the Occupational Safety and Health Administration (OSHA) published notice in the Federal Register of its proposed interpretation of the term “feasible administrative or engineering controls” as used in the general industry and construction industry noise standards (29 CFR 1910.95 and 1926.52) and its intent to modify its current enforcement policy in accordance with the interpretation.

Under the virtually identical general industry and construction industry noise standards, employers must use administrative or engineering controls rather than personal protective equipment (PPE) to reduce noise exposures that are above permissible levels when such controls are feasible. OSHA’s current enforcement policy (in effect since 1983) allows employers to rely on a combination of feasible administrative controls and PPE if such a program reduces exposure to excessive levels of noise and is less expensive than administrative and engineering controls. Under OSHA’s current enforcement policy, citations are issued for failure to use engineering and administrative controls only when they cost less than a hearing conservation program or the PPE is ineffective.

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