Digest of COSHAB-ALJ's decision dated October 21, 1976, Docket No. 75-R2D5-936. H. W. Sherbourne, Administrative Law Judge.
Hearing Conservation Program, Ear Protection Not Compliance Per Se. This appeal was granted in its entirety. Eight instances alleged to be in nonserious violation of 5098 were dismissed.
"The substantial evidence is clear that at the time of the inspection, that the employees were exposed to excessive noise... Section 5098 states that `...When such exposures are not reduced to allowable levels specified in Section 5097, a continuing effective hearing conservation program shall be administered.' This section does not attempt to
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