Occupational Health and Safety (Noise) Regulations 1992 (Vic)
Version No. 021
Occupational Health and Safety (Noise) Regulations 1992
S.R. No. 196/1992
Version incorporating amendments as at 29 January 2003
TABLE OF PROVISIONS
Regulation Page
1.Title
2.Objectives
3.Commencement
4.Authorising provision
5.Revocations
6.Definitions
7.Exposure standard and how exposure to noise must be
measured8.Sound power and sound pressure level—their meaning and
how they are measured9.Design and construction of workplace and plant to take into account noise emission and exposure
10.Use of plant
11.Identification and assessment of exposure to noise
12.Consultation prior to action
13.Control of risk
14.Hearing protection signs
15.Audiometric testing
16.Approval of audiometric testers
17.Training
18.Employee duties
19.Audiometric testers previously approved deemed approved
under these Regulations
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SCHEDULE—Summary of audiometry data
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 021
Occupational Health and Safety (Noise) Regulations 1992
S.R. No. 196/1992
Version incorporating amendments as at 29 January 2003
1.Title
These Regulations may be cited as the Occupational Health and Safety (Noise) Regulations 1992.
2.Objectives
The objectives of these Regulations are—
(a)to reduce the incidence and severity of hearing loss resulting from excessive exposure of employees to noise in workplaces; and
(b)to require employers to assess and control risk arising from exposure of employees to noise in workplaces and; and
(c)to reduce the exposure of employees to noise; and
(d)to require employers to—
(i)consult with employees prior to taking action to comply with the regulations; and
(ii)provide specified information to employees; and
(e)to prescribe fees.
3.Commencement
These Regulations come into operation on 1 July 1992.
4.Authorising provision
These Regulations are made under section 59 of the Occupational Health and Safety Act 1985.
5.Revocations
(1)The Health (Hearing Conservation) Regulations 1978[1] are revoked.
(2)The Health (Hearing Conservation) (Amendment) Regulations 1979[2] are revoked.
6.Definitions
In these Regulations—
"administrative controls" means systems of work that substantially reduce the exposure of employees to noise including reduction in exposure time but does not include engineering controls and hearing protection devices;
"Authority" means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
"engineering controls" means any engineering procedure that reduces the sound level either at the source of the noise or in its transmission but does not include the use of a hearing protection device;
"hearing protection device" means a device or pair of devices worn by a person or inserted in the ears of a person to reduce noise exposure.
7.Exposure standard and how exposure to noise must be measured
(1)For the purposes of these Regulations the "exposure standard" means—
(a)the 8 hour equivalent continuous sound pressure level of 85 dB(A) measured in A-weighted decibels referenced to 20 micropascals; and
(b)the linear (unweighted) peak hold sound pressure level reading of 140 dB(lin) measured in decibels referenced to 20 micropascals determined by sound measuring equipment with a P time weighting function.
(2)Exposure to noise must be measured at the employee's ear position and must not take account of the effect of any hearing protection device.
8.Sound power and sound pressure level—their meaning and how they are measured
For the purposes of these Regulations—
(a)"sound power" is the total sound energy radiated per unit time, measured as decibels referenced to 1 picowatt using octave bands or an A weighting; and
(b)"sound pressure level" is the size of the pressure fluctuations in the air at a point in the sound field;
(c)"sound pressure level" is calculated as 20 times the logarithm to the base 10 of the ratio of the r.m.s. sound pressure to the references sound pressure, (20 micropascals) measured in decibels.
9.Design and construction of workplace and plant to take into account noise emission and exposure
(1)A designer who designs workplaces or plant to be used in workplaces, must take noise emission and exposure into account and ensure that the workplaces and plant are designed so that the sound power and sound pressure levels are as low as practicable.
(2)A manufacturer importer or supplier of plant to be used in workplaces, must take noise emission and exposure into account and ensure that the plant is constructed so that the sound power and sound pressure levels generated by the plant are as low as practicable.
(3)The manufacturer, importer or supplier must ensure, as far as practicable, that—
(a)plant is tested for sound power and sound pressure level; and
(b)information about test results and the correct means of construction, installation, maintenance and use of the plant is made available to the purchaser prior to the purchase of the plant.
(4)An employer must ensure, as far as practicable, that the design and construction of a new workplace under the control and management of the employer and new plant to be used in the workplace prevents employees from being exposed to noise at levels which are in excess of the exposure standard.
10.Use of plant
An employer who installs, maintains and uses plant must do so having regard to any relevant information made available by the manufacturer, importer or supplier in accordance with regulation 9(3)(b).
11.Identification and assessment of exposure to noise
(1)An employer must—
(a)identify if there is a risk to employees from exposure to noise;
(b)make an assessment of an employee's exposure to noise if the employee's exposure to noise may exceed the exposure standard.
(2)The employer must ensure that the assessment is undertaken—
(a)by a person whom the employer ensures has, through a combination of training, education and experience, acquired knowledge and skills enabling the person to correctly perform the assessment;
(b)in consultation with—
(i)the employees who are exposed to the noise;
(ii)any health and safety representative for the designated work group of which those employees are members.
(3)The assessment must take into account the following factors—
(a)the plant in use at the workplace and the manner in which it is used;
(b)the layout and condition of the workplace environment;
(c)any available information on the noise emission and sound power of the plant;
(d)the exposure of employees to noise;
(e)the systems of work;
(f)any other factors considered relevant to noise induced hearing loss by the employer, the employees or the health and safety representative.
(4)Subject to sub-regulation (7), the employer must ensure that the assessment is carried out—
(a)within three months after the establishment of a new workplace; and
(b)as soon as practicable after there has been a change in the workplace likely to affect an employee's exposure to noise; and
(c)at any time when reasonably requested by the health and safety representative for the designated work group; and
(d)at any time when requested by an inspector.
(5)The employer must ensure that a further assessment is carried out at least every 5 years after the last assessment.
(6)The employer must make the results of an assessment dealing with a particular designated work group available to the health and safety representative and employees of that designated work group.
(7)The employer must ensure that an assessment is carried out for a workplace under the control and management of the employer existing immediately before 1 July 1992, before 1 July 1993 unless a previous assessment in accordance with sub-regulation (3) has been made within the 4 years before 1 July 1992.
12.Consultation prior to action
Before taking action under these Regulations, the employer must consult with—
(a)the employees who are exposed to the noise; and
(b)any health and safety representative for the designated work group of which those employees are members.
13.Control of risk
(1)The employer must ensure that employees' exposure to noise is controlled so as to minimise risk to health and safety and must ensure that—
(a)until 1 July 1997 that the exposure to noise of any employee does not exceed the exposure standard by—
(i)implementation of administrative controls to the extent which is practicable; and
(ii)if administrative controls do not reduce employees' exposure to noise to the exposure standard, by providing and maintaining hearing protection devices to employees which will ensure the employees' exposure to noise, taking into account the effect of the device, does not exceed the exposure standard; and
(b)on 1 July 1997, that the exposure to noise of any employee does not exceed the exposure standard by—
(i)implementation of engineering controls to the extent which is practicable; and
(ii)if engineering controls do not reduce the exposure of employees to the exposure standard, by implementation of administrative controls to the extent which is practicable; and
(iii)if engineering and administrative controls do not reduce employees' exposure to noise to the exposure standard, by providing and maintaining hearing protection devices to employees which will ensure the employees' exposure to noise, taking into account the effect of the device, does not exceed the exposure standard; and
(c)any engineering and administrative controls implemented in accordance with this regulation are retained despite these controls failing to reduce noise levels to the exposure standard.
(2)If an assessment as referred to in regulation 11 shows that the noise in any part of the workplace is likely to cause employees exposure to noise to exceed the exposure standard, the employer must, within 6 months of the completion of the assessment develop a written plan of the actions proposed for control of the noise in accordance with this regulation.
(3)In the case of a workplace existing immediately before 1 July 1992, the employer must ensure the written plan is developed before 1 January 1994.
14.Hearing protection signs
The employer must clearly identify by signs, labelling of machines, or other appropriate means when and where hearing protection devices should be worn.
15.Audiometric testing
(1)In this regulation "audiometry" means the measurement of the hearing threshold level of persons by means of a bilateral pure tone air conduction threshold test.
(2)The employer must provide for the audiometric testing of an employee where hearing protection devices are required to control the exposure to noise of the employee.
(3)The employer must ensure that audiometric testing is conducted by a trained person approved by the Authority under regulation 16.
(4)Subject to sub-regulation (11), audiometric testing where required must be provided—
(a)within three months after an employee commences employment; and
(b)at any time when reasonably requested by a health and safety representative; and
(c)in any other case at least every two years.
(5)The employer must ensure that the results of the audiometric test of an employee is provided in writing to the employee and a copy of the audiogram is provided to the employee on his or her request.
(6)The employer must retain the employees' audiometric records on a confidential basis for the period of his or her employment and for a period of twenty years thereafter.
(7)If the audiometric testing indicates—
(a)that an employee has a hearing threshold level at 4000 Hz which equals or exceeds—
(i)25 dB at 30 years of age or less; or
(ii)35 dB at 45 years of age or less; or
(iii)50 dB at any age in either ear; or
(b)a difference in hearing levels of any employee between an audiogram and any subsequent audiogram equal to or exceeding 15 dB at 3000, 4000 or 6000 Hz in either ear—
the employer must recommend that the employee undertake a medical or audiological examination, if that employee has not previously been recommended for a medical or audiological examination at the same hearing level.
(8)The employer must pay for the medical or audiological examination.
(9)The employer must provide the health and safety representative on request with the aggregate results of audiometric testing for the representative's designated work group.
(10)If an employer is required to carry out audiometric testing in accordance with this regulation, the employer must notify the Authority of the testing in the form of the Schedule within one month after the completion of the testing.
(11)If no testing program consistent with this regulation has been previously undertaken, the audiometric testing must be provided before 1 October 1992.
16.Approval of audiometric testers
(1)The Authority may approve, in writing, persons to carry out audiometric testing.
(2)The Authority may issue an approval subject to conditions.
(3)The Authority may revoke an approval.
(4)A person affected by a decision of the Authority under this regulation has a right to be heard by the Authority in regard to the decision and may appeal against the decision to the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1984.
(5)If a person has appealed against a decision of the Authority under this regulation, the decision is stayed until the determination of that appeal.
(6)A person who wishes to be approved as a trained person must apply in writing and must pay a fee of $73.50.
17.Training
(1)If an employee's exposure to noise is likely to exceed the exposure standard, the employer must provide appropriate training regarding—
(a)the effects of exposure to noise; and
(b)the control measures implemented to reduce exposure to noise; and
(c)the purpose and nature of audiometric testing; and
(d)the selection, use, fit and maintenance of hearing protection devices.
(2)The employer must ensure that the training is provided to employees, including employees—
(a)with supervisory responsibility for other employees; and
(b)employees responsible for the acquisition and maintenance of hearing protection devices and other control measures.
(3)The training must be provided—
(a)to a new employee, on commencing employment; and
(b)to an employee required to use hearing protective devices, prior to that use.
(4)The employer must ensure that further training is provided to an employee at least once in every 4 year period after that employee was last provided with training.
(5)If an employee was employed immediately before 1 July 1992, the training must be provided to that employee before 1 July 1993.
18.Employee duties
An employee who has been provided with appropriate training in the selection, use, fit and maintenance of control measures, must, to the extent the employee is capable, use those control measures in accordance with that training.
19.Audiometric testers previously approved deemed approved under these Regulations
A person, who, immediately before 1 July 1992, was approved under regulation 302(1) of the Health (Hearing Conservation) Regulations 1978 to carry out audiometric testing, is deemed to be approved under regulation 16 of these Regulations.
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SCHEDULE
SUMMARY OF AUDIOMETRY DATA
Reference information
Name of employer:
Name of workplace (if different from employer's name):
Address of workplace:
Accident Compensation Commission Employer Number:
Accident Compensation Commission Establishment Number:
Total number of employees in the workplace:
Audiometry data
Number of employees in the workplace tested by audiometry under regulation 15:
Number of employees with hearing loss (Type A) specified under regulation 15(8)(a):
Number of employees with hearing loss (Type B) specified under regulation 15(8)(b):
Name and approval number of approved tester (approved under regulation 16):
Employers notation
I, [insert employer's name here] am the employer of the employees whose test results are contained in this report and I note the content of the report. I signed this report on [insert the date here].
.....................................
(Signature of Employer)
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ENDNOTES
1. General Information
The Occupational Health and Safety (Noise) Regulations 1992, S.R. No. 196/1992 were made on 30 June 1992 by the Governor in Council under section 59 of the Occupational Health and Safety Act 1985, No. 10190/1985 and came into operation on 1 July 1992: regulation 3.
The Occupational Health and Safety (Noise) Regulations 1992 will sunset on 31 January 2004: see Subordinate Legislation (Occupational Health and Safety (Noise) Regulations 1992–Extension of Operation) Regulations 2003, S.R. No. 15/2003.
2. Table of Amendments
This Version incorporates amendments made to the Occupational Health and Safety (Noise) Regulations 1992 by statutory rules, subordinate instruments and Acts.
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Occupational Health and Safety (Noise) (Fees) Regulations 1995, S.R. No. 185/1995
Date of Making: 19.12.95 Date of Commencement: 1.1.96: reg. 3
Occupational Health and Safety (General Amendment) Regulations 1998, S.R. No. 5/1998
Date of Making: 20.1.98 Date of Commencement: 20.1.98
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3. Explanatory Details
[1] Reg. 5(1): S.R. No. 269/1978.
[2] Reg. 5(2): S.R. No. 384/1979.
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