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Contents (2011 - 674)
Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 23 November 2017 at 22:16)
Chapter 4 Part 4.1
Part 4.1 Noise
56   Meaning of “exposure standard for noise”
(1)  In this Regulation, exposure standard for noise, in relation to a person, means:
(a)  LAeq,8h of 85 dB(A), or
(b)  LC,peak of 140 dB(C).
(2)  In this clause:
LAeq,8h means the eight-hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).
LC,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 (Occupational noise management—Measurement and assessment of noise immission and exposure).
57   Managing risk of hearing loss from noise
(1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety relating to hearing loss associated with noise.
Note.
 WHS Act—section 19 (see clause 9).
(2)  A person conducting a business or undertaking at a workplace must ensure that the noise that a worker is exposed to at the workplace does not exceed the exposure standard for noise.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
58   Audiometric testing
(1)  This clause applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.
(2)  The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker:
(a)  within 3 months of the worker commencing the work, and
(b)  in any event, at least every 2 years.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  In this clause, audiometric testing means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests.
59   Duties of designers, manufacturers, importers and suppliers of plant
(1)  A designer of plant must ensure that the plant is designed so that its noise emission is as low as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A designer of plant must give to each person who is provided with the design for the purpose of giving effect to it adequate information about:
(a)  the noise emission values of the plant, and
(b)  the operating conditions of the plant when noise emission is to be measured, and
(c)  the methods the designer has used to measure the noise emission of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  A manufacturer of plant must ensure that the plant is manufactured so that its noise emission is as low as is reasonably practicable.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  A manufacturer of plant must give to each person to whom the manufacturer provides the plant adequate information about:
(a)  the noise emission values of the plant, and
(b)  the operating conditions of the plant when noise emission is to be measured, and
(c)  the methods the manufacturer has used to measure the noise emission of the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  An importer of plant must take all reasonable steps to:
(a)  obtain information about:
(i)  the noise emission values of the plant, and
(ii)  the operating conditions of the plant when noise emission is to be measured, and
(iii)  the methods the designer or manufacturer has used to measure the noise emission of the plant, and
(b)  give that information to any person to whom the importer supplies the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(6)  A supplier of plant must take all reasonable steps to:
(a)  obtain the information the designer, manufacturer or importer is required to give a supplier under subclause (2), (4) or (5), and
(b)  give that information to any person to whom the supplier supplies the plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.