Workplace Safety and Health (Noise) Regulations 2011

a person shall be deemed to be exposed to excessive noise, if the noise that he would be exposed to, when not wearing any hearing protector, exceeds —

the permissible exposure limit for noise specified in the First Schedule;

an equivalent sound pressure level of 85 dB(A) over an 8-hour work day, in any case where the noise is at a fluctuating sound pressure level; or

a peak sound pressure level exceeding 140 dB(C); and

sound pressure level shall be calculated according to the following formula:where SPLis the sound pressure level;logis the common logarithm;Pis the sound pressure; andPois the standard reference pressure of 20 microPascals

replacing noisy machinery, equipment, processes, operation or work with less noisy machinery, equipment, processes, operation or work;

locating noise sources away from hard walls or corners;

isolating noise sources, so as to minimise the number of persons at work in the workplace who are exposed to the noise;

constructing suitable acoustic enclosures to contain noise emitted by machinery, equipment, processes, operation or work;

erecting an effective noise barrier larger in size than the noise source to provide acoustic shielding;

operating pneumatic machinery, equipment or tools at optimum air pressure to minimise noise emission and installing suitable pneumatic silencers at pneumatic line outlets;

installing mufflers at intake and exhaust openings that emit noise;

mounting vibrating machinery on vibration isolators or separate foundations;

isolating persons at work in the workplace in an acoustically shielded room or enclosure, where reduction of noise at the noise source is not practicable;

lining hard surfaces with acoustically absorbent materials to reduce noise reverberation;

isolating or reducing the size and vibration of vibrating surfaces or applying damping materials to vibrating surfaces;

reducing the height from which objects are allowed to fall or applying a resilient material at the point of impact or at the point of interaction of moving objects;

maintaining machinery and equipment at regular intervals to reduce noise emission.

furnish, to the person to whom the machinery or equipment is supplied, such information as the Commissioner may require concerning the sound level which is likely to be generated by the machinery or equipment; and

indicate, by means of a sign or label on the machinery or equipment —

the need to wear hearing protectors when exposed to the noise from the machinery or equipment; and (ii)such other information as the Commissioner may require.

appoint a competent person to carry out noise monitoring;

not later than 14 days after receiving the report referred to in paragraph (4)(c) from the competent person, communicate the contents of the report to all relevant persons;

not later than 30 days after the carrying out of the noise monitoring, submit a copy of the report referred to in paragraph (4)(c) to the Commissioner; and

keep the report available for at least 10 years.

carry out noise monitoring using —

recognised methods;

accepted standard procedures; and

suitable equipment which is properly calibrated to ensure accuracy;

properly interpret the results of noise monitoring;

prepare a report of the results of noise monitoring; and

submit the report to the occupier of the workplace not later than 14 days after the carrying out of noise monitoring.

correctly fit the user;

attenuate the exposure of the user to sound pressure levels below 85 dB(A);

be compatible with the job requirements of the user; and

not prejudice the health and safety of the user.

hearing protectors are properly issued and maintained; and

every relevant person —

uses hearing protectors; and

is instructed in the proper use of the hearing protectors.

the relevant provisions of the Act and these Regulations;

the effects of noise on hearing;

the purpose of hearing protectors;

the advantages, disadvantages and attenuation of various types of hearing protectors;

the selection, fitting, use and care of hearing protectors; and

the purpose of hearing tests and the appropriate procedures and requirements of such tests.

within 3 months of that person first commencing work in the workplace; and

at least once every 12 months.

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both; or

if the person is a repeat offender, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.

to a fine not exceeding $10,000; or

if the person is a repeat offender, to a fine not exceeding $20,000.

is convicted, or found guilty, of an offence specified in the first column of Part 1 or 2 of the Second Schedule (called the current offence); and

has been convicted, or found guilty, of an offence specified opposite the current offence in the second column of Part 1 or 2 of that Schedule (as the case may be), on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted, or found guilty, of the current offence.