STONE CONTAINER CORPORATION

OSHRC Docket No. 15116

Occupational Safety and Health Review Commission

December 23, 1982

� [*1] �

Before: ROWLAND, Chairman; CLEARY and COTTINE, Commissioners. �

COUNSEL:

Office of the Solicitor, USDOL

Bobbye D. Spears, Regional Solicitor, U.S. Department of Labor

Robert L. Greenwald, Corporate House Counsel, Stone Container Corporation, For Employer

Local No. 703, United Paperworkers International Union, For Employees

OPINION:

ORDER OF REMAND

BY THE COMMISSION:

� In accordance with the decision of the U.S. Supreme Court in American Textile Manufacturers Institute, Inc. v. Donovan, 101 S.Ct. 2478 (1981) ("ATMI"), the Commission held that "feasible" under the occupational noise standard means achievable. � The Commission overruled the cost-benefit test of feasibility previously set forth in Continental Can Co., 76 OSAHRC 109/A2, 4 BNA OSHC 1541, 1976-77 CCH OSHD P21,009 (No. 3973, 1976), appeal withdrawn, No. 76-3229 (9th Cir. Apr. 26, 1977), and substituted a test consistent with ATMI.

In view of this intervening change in law, the judge's decision with respect to the single-facer and double-backer operators is vacated. � The case is remanded for further proceedings, � [*2] � including evidentiary submissions, so that the interrelated issues of technological and economic feasibility can be reconsidered in light of the test of feasibility established by Sun Ship, Inc. n1

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n1 Chairman Rowland dissents. � He would not remand the case for further proceedings. � Consistent with his dissenting opinion in Sun Ship, he concludes that the requirement in section 1910.95(b)(1) that feasible administrative or engineering controls be utilized is invalid.

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SO ORDERED. �