Eby Sawmill, LLC, Clearville, Pa.

Employer contests a three-item serious citation in four parts with a fine of $22,542. The serious citation includes the alleged violation of 29 C.F.R. 1910.95(c)(1), for failure to institute a continuing, effective hearing conservation program when employee noise exposures equaled or exceeded an eight-hour time-weighted average sound level of 85 dBA; 29 C.F.R. 1910.95(g)(1), for failure to ensure that an audiometric testing program was established and maintained for all employees whose noise exposure equaled or exceeded an eight-hour time-weighted average of 85 dBA; and 29 C.F.R. 1910.95(i)(3) for failure to ensure employees are given the opportunity to select their hearing ...