J. Michael McGuire and Elizabeth Torphy-Donzella Successfully Appeal OSHA Citation

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A manufacturing client was issued a serious citation by the Occupational Safety and Health Administration for excessive noise in the plant. J. Michael McGuire and Elizabeth Torphy-Donzella appealed the citation because: (1) there was no dispute that the employer’s hearing preservation program was effective (no reported hearing loss and all employees correctly using hearing protection), (2) despite actions that the employer had taken, the noise level could not be appreciably reduced, and (3) OSHA had not identified what the employer could do to achieve a lower noise level.  Normally, OSHA negotiates a reduction in the citation but, in this instance, the Area Director to her credit agreed to withdraw the citation.