Regulation - 307 - OHS - Noise Induced Hearing Loss

8/13/2019 Regulation - 307 - OHS - Noise Induced Hearing Loss

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318 No. 24967 GOVERNMENTAZETTE, 7 MARCH 2003 - -No. R. 3 7 7 March 2003

OCCUPATIONALHEALTHAND SAFETY ACT, 1993

NOISEINDUCED HEARING LOSS REGULATIONS

The Minister of Labour has under section 43 of the Occupational Health anda f e t y Act, 1993(Act No. 85 of 1993), after consultation with the Advisory Council for Occupational Healthand Safety, made the regulations in the Schedule.

SCHEDULE

Definitions

1. In these regulations, any word or expression to which a meaning has been assigned in

the Act shall have the meaning o assigned and, unless the context otherwise indicates-

U approvednoise nspectionauthority” means an approved nspection authority for hemonitoring of noise in the workplace;

..“assessment” means a programme to determine any risk fiom exp0sur.e to noise associatedwith the workplace in order to identify the steps that need to be taken to remove, reduce orcontrol such hazard;

“attenuation-of-hearing protectors”means hearing protectors with the proven capability ofreducing the sound exposureo which the wearer thereof is exposed;

“audiogram” means a chart, graph or table indicating the hearing threshold levels of anindividual s a fbnction of fiequency, (namely ,5, 1,2 ,3, 4,6 and 8 kilohertz), s determinedduring a measurement of a person’s hearing threshold levelsby means of a monaural, puretone, air-conduction threshold test;

“Compensation Commissioner” means the Compensation Commissioner appointed undersection 2( l)(u) of the Compensation for Occupational Injuries and Diseases Act, 1993 (ActNo. 130 of 1993);

“competent person”means-

a) a person registered in terms of the Health Professions Act, 1974 (Act No. 6 of 1974),with the Health Professions Council of Southi c a in any of the followinghree categories:(i)torhinolaryngologistear,osend throat specialist); ,

(ii)speech herapistandaudiologist;or(iii)occupationalmedicinepractitioner;or

(3) a personwith aqualification naudiometric echniquesobtained fiom an nstitutionregistered with the South African Qualification Authority or any of its structures in terms ofthe South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), and registeredwith the South African Society for Occupational Health Nursing (SASOHN);



STAATSKOERANT, MAART 2003 No. 24967 319

“exposed” means exposed o noise while at a workplace andexposure” has a correspondingmeaning;

“equivalent continuous rating level” eans the equivaldnt continuous A-weighted soundpressure level duringa specified time interval, plus specified adjustment for impulsiveness

of the sound,s contemplated in SAE3S 083;

“GeneralAdministrativeRegulations” means theGeneralAdministrativeRegulationspublished under section 43 of the Act in Government Notice No. R.1449 of 6 September1996;

“health ;and safetystandards” means hehealthandsafetystandards hathavebeenincorporated in these regulations under section4 of the Act;

“hearingprotectiveequipment” means ear-muffs or ear-plugswhichare of a type,orconform o a standard, approved by the Minister;

“Instruction No. 7 ” means the Compensation Commissioner’s Circular Instruction No.

171 and Supplement entitled Determination of Permanent Disablement Resulting from NoiseInduced HearingLoss and Trauma;

“noise-rating limit” means the valueof the 8-hour rating level,85 A at and above whichhearing impairmentis likely to result;

“S BS 083” meansheCode of Practice for theMeasurement ndAssessment of

Occupational Noise for Hearing Conservation Purposes, SABS 083, published by the SouthAfiican Bureau of Standards;

“the Act”means the Occupational Health anda f e t y Act,1993 (Act No.85 of 1993);

‘ -hour rating level”means the rating level normalized o a nominal 8-hour working day s

indicated n SABS 083. -

Scope of application

2. These egulations hallapply to n employeror elf-employedpersonwho, at anyworkplace under his or her control, carries out work that may expose any person at thatworkplace to noise at or above the noise-rating limit.

Exposure to noise

3. Subject to regulations 9 and 10, no employer or self-employed person shall require orpermit any person to enter any workplace underhis or her control where such person will beexposed to noise at or above the5 dBA noiserating limit.

Information and training

4.Q) An employer shall, after consultation with the health and safety committee establishedin respect of a workplace under his or her control and the health and safety representative

designated for that workplace or for different sections thereof,‘ establish for all employees



320 No. 24967 GOVERNMENTAZETTE, 7 MARCH 2003

-who may be exposed to noise at or above the noise-rating limit a training programme that

incorporates the o l l o w h e

The content and scope of these regulations;

the potential sources of exposureo noise;

the potential risks o health and safety caused by exposure o noise;

themeasures akenby heemployer to protectanemployeeagainst hedetrimental effects of exposureo noise;

the precautions to be taken by the employees to protect themselves against thehealth risks associated with the exposure, including the wearing and use ofearplugs andearmuffs;

the necessity, correct use, maintenance and limitations of hearing protectors,facilities and engineering control measures provided;

the assessment of exposure, the purpose of noise monitoring; the necessity formedical surveillance and the long-term benefits and limitations of undergoingsuch surveillance;

the noise-rating limit for hearing conservation and its meaning;

the procedures for reporting, correcting and replacing defective personal hearingprotectors and for engineering noise control measures; and

the matters contemplated in regulation,

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2) The rainingcontemplated n ubregulation (1) shallbeconductedprior to theplacement of the relevant employee.

(3) Refresherraininghall eonductednnually rtntervalshat may berecommended by the health and fety committee and the health and safety representative.

4) The training contemplated in subregulation (1) shall be provided by a person who iscompetent to do so andwho h s adequatepersonalpracticalexperienceand heoreticalknowledgefllspectsfheorkarried out by the employee. 1

5 ) An employer or self-employed person shall ensure as far s is reasonably practicablethat his or her mandatories or persons other th n employees who may be affected by noiseexposure at the workplace are given adequate information, instruction and training.

6) An employer shall keep a record of any training that is giveno an employee in termsof this regulation.

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Dutiesofpersons who may be exposed to noise

5. Any person who is or may be exposed to noise at OF above the.noise-rating limit shallobey any la l order given I 5 'him or her by the employer or self-employed person or byanyone authorized theretoy the employer or self-employed person, regardin-

a) the use of measures adopted for noise control;

@ the immediate reporting of defective, damaged or lost noise control equipmentto the health and fety representative or the employer;

c) the use of personal hearing protectors where provided;

4 a prohibition to enter or remain in an area where personal hearing protectors rerequired unless the person is authorized to do so and is wearing the requiredhearing

e) co-operation with the employer n his or her task of determining the employee'snoise exposure, which may nclude he wearing of personal sound exposuremeters;

f l the reporting for medical surveillance s required by regulation 8; and

@ information and training received s contemplated in regulation 4.

Assessment of potential noise exposure

6. 1) An employer or self-employed person shall-

a) in respect of a workplace under his or her control cause an assessment to bedonewithinsixmonthsafter hecommencementof hese egulationsandthereafter at intervals not exceeding two years, to determine if any person maybe exposed to noise which is at o r above the noise-rating limit, regardless of

whether any personal hearing protectors are used; and

b) cause the results of the assessmentso be entered into the records s required byregulation 11.

Q) An employer contemplated in subregulation (1) shall, before causing n assessment tobe made, consult with he relevant health and safety representative or the relevant health andsafety committee and thereafter inform them in writing of the arrangements made for ,theassessment, allow them reasonable timeo comment thereon and ensurehat the results ftheassessment are made availableo them for comment.

(3) When making an assessment contemplated in subregulation l), an employer or self-employed person shall take into account and keep a record of relevant factors, including thefollowin-

a) The noise sources o which a person may be exposed;



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322 No. 24967 GOVERNMENT GAZETTE, 7 MARCH003 -

6) adverse health effects that the excessive noise may have on persons;

c) the extent to which a person may be exposed; and

4 the nature of the work process and any reasonable deterioration in or failure ofany control measures.

4) If anassessmentmade naccordancewithsubregulation (1) orareview ofsuchassessment made in accordance with subregulation 5 ) indicates hat any person may beexposed, to noise at or above the noise-rating limit, the employer or self-employed personshall ensure that such exposure is adequately controlled as contemplated in regulation0 1).

5 ) An employer or self-employed person shall forthwith review an assessment made inaccordance with subregulation1) if-

a) there is reason o believe that such assessment is no longer valid;

(6) control measures are no longer efficient;

c) technological or scientific advances allow for more efficient control methods; or

-.

4 there has been a significant change in-

(i)orkethods;

(ii) the type of work carried out; or

(iii) the type of equipment used to control exposure,

and subregulations 2) and (3) shall apply for such review assessment.

Noise monitoring

7.(1) Where an assessment of noise exposure or a review of such assessment indicates thatanyemployeemaybeexposed to noise at or above henoise-rating imit,anemployercontemplated in regulation2 shall ensure that a measurement programme of noise exposure at

that workplace is-

a) carried out in accordance with the provisions of these regulations;

(8) carried out only after he relevant health and safety representative or relevanthealth and safety committee has been informed thereof and given a reasonableperiod, as mutually agreed upon,o comment thereon;

c) carried out by an approved noise inspection authority; and

4 representative fhemployees’xposure to noise,nccordancewithr

subregulation 2).



324 No. 24967 I - GOVERNMENT GAZETTE, 7 MARCH 2003 - -

thatno eferral hreshold shift isevidentand hereafter he ntervalbetween tests may be extendedo a maximum interval of one year; and

(ii)employeeswhoare egularlyexposed to gunshotsorotherexplosiveevents during their working day shall undergo audiometric tests at timeintervals in accordance ith subparagraph (i);

consists of an exit audiogram, conductedn accordance with S B S 083, whichis obtained for every employee whose employment is terminated or who ispermanently transferred to another workplace in respect of which audiometrictestsarenot equired:Provided hat n audiogramconductedwithinsixmonthsprior to terminationofemploymentor ransfer hallmeet hisrequirement; and

is performed by a competent person: Provided that if it is impossible for the

competentperson oestablish abaselineaudiogram or an employeeascontemplated in paragraph a), the employee must be referred ton audiologistwho may establish baseline-hearing levels by using other techniques, such as

speecheceptionhresholds.

(3) An employer shall ensure that-

copies of the audiograms contemplated in subparagraphs2) a),3) and c) areentered into the employee’s record of medical surveillance;

a copy of each audiogram contemplated n subparagraphs 2) a) and c) is

given to the employee when he or she leaves the employment of that employer;

newemployeesprovide him orherwith heirbaselineaudiograms,exitaudiograms or most recent audiograms nd the percentage of loss of hearingcalculated in accordance with InstructionNo. 171; and

in the case ofan employee whose percentage loss of hearing s deterioratedby 10 or more since the baseline audiogram was recorded or n employeefor whom no baseline audiograms available but whohas a 10 or more lossof hearing that is not obviously due to medical causes, and that has beenconfirmed by a repeat audiogram-

i) the relevant health and safety committee or the relevant healthan afetyrepresentative is informed of the finding;

(ii)hemployeesetrainednde-instructedsontemplatednregulations 4 and 5 ;

(iii) noise control measures are reassessed; and

(iv) such hearing loss is reported to the provincial director, on form CL1/2,s

contemplated in regulation 6 ofheGeneralAdministrativeRegulations.



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Noise zone

9. An employeror elf-employedperson shall ensureLthat-5.1

a) in any workplace or part of such workplace under his or her control, where the

exposure to noise is at or above the noise-rating limit, that workplace or partthereof iszoned s a noise zone;

(3) a noise zone is clearly demarcated and identified by a notice indicating that therelevantarea is anoisezoneand thathearingprotectiveequipment s

contemplated in regulation12must be worn;

c) no person enters or remains in a noise zone unless he or she wears the requiredhearing protective equipment; and

d) the reason why noise exposure is t or above the noise-rating limit is identified

and that action is taken, s soon s is reasonably practicable, by means otherthan the use of hearing protective equipment,o lower the noise level o th t itis not t or above the noise-rating limit.

Control of noise exposure

10. (1) An employer or self-employed person shall ensure that the exposure of a person tonoise is either prevented or, where this is not reasonably practicable, adequately controlled:Provided that the control of the exposure shall be regarded as adequate if the exposure is

below the noise-rating limit, or if the exposure is at or above the noiserating limit but thereason has been identified and action is taken s soon s is reasonably practicable, by means

other than the use of hearing protective equipment, to lower exposure so th t it does notexceed the noise-rating limit.

2) In order to comply wt subregulation (1) n employer or self-employed person

shall, as far s is reasonably practicable, reduce exposure to noise by implementing noisecontrol measures n the following order f priority:

a) Engineering control measures to eliminate or reduce noise at its source, or themodificationof the routes by which noise reaches workplaces;

(6) administrative control measures o limit the number ofpersons exposed and the

duration of exposure; and

c) theuseofhearingprotective quipmentf ngineering nd dministrativecontrol measures fail o reduce exposure below the noise-rating limit.

Record

11. An employerorself-employedperson shall-

a) keep records of the results of all assessments, noise monitoring and medicalsurveillance reports andofmaintenance of controlmeasures required by these

regulations;



326 No. 24967 GOVERNMENT GAZETTE, 7 MARCH 2003 - -subject to the provisions of paragraph c), make the records contemplated inparagraph a) available for inspection y an inspector;

subject to the formal written consent of an employee, allow any person toperuse the recordswt respect to that particular employee;

make the recordsof all assessments and noise monitoring available for perusalby the relevant health and safety representative or relevant health and safetycommittee;

keep all records of assessments and noise monitoring for minimum period of40 years;

keep all medical surveillance records, including the baseline audiogram ofevery employee, for minimum period of40 years and if the employer ceases

activities, hand overor forward by registered post all those recordso therelevant provincial director: Provided that those records shall contain at leastthe following information:

(i) An employee’s urname, orenames,gender, date,ofbirth,name ofspouse or closest relative and, where available, permanent address andpostal code;

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(ii) a record of the types of work carriedut that caused noise exposureandwhere relevant, their location,with starting and finishing dates and withaverage durationof exposure inhours per week;

(iii) a recordof nypreviouswork-relatednoise xposureprior to anemployee’s current employment; and

(iv) the dates of medical surveillance and results of all audiograms; and

keep a record of training given to an employee in terms of regulation4 6) fors long s he employee remains employed at the workplace in which her she

is being exposed o noise.

Hearing protective equipment

12. 1) Where hearing protective equipment is provided,n employer or self-employedperson shall ensure that-

a) the equipment is capable of keeping the exposure below the noise-rating limit;

3,) theequipment scorrectlyselectedandproperlyused;

(c) employees eceive he nformation, nstruction, rainingand upervision hatare necessary with regard o the use of the equipment; and

4 the equipment is kept in good condition and eficient working order.




(2) An employer or self-employed person shall, s far as is reasonably racticable-

a) issue no reusable hearing protective equipment to any person, unless thehearing p r o t a v e equipment is properlyecontaminatednd,whereappropriate, sterilised;

(b) provideeparateontainersrtorageacilitiesorearingrotectiveequipment when not in use; and

c) ensure that all hearingprotectiveequipmentnot n use isstoredonly in theI placerovidedort. ,

Maintenanceof control measures

13. Every employerorself-employedpersonshallensure hatanything hathe or sheprovides for the benefit of employees n compliance with his or her duties under hese

regulations-

a) is hl ly andproperly used; nd

(b) is maintained in an efficient state, in good working order and in good repairand cleanliness.

Offences and penalties

14. Any person who contravenes or fails to comply with any provision of regulation 3, 4,

5, 6,7, 8,9, 10, 11, 12 or 13 shall be guilty ofan offence and liable on convictiono a fine orto imprisonment for a period not exceeding six months and in the case of a continuousoffence, to n additional fine of WOO for each day on which the offence continues or toadditional imprisonment of one day for each day on which the offence continues: Providedthat the period of such additional imprisonment shall in no case exceed0 days.

Withdrawal of regulations

15. Regulation7 of theEnvironmentalRegulationsorWorkplaces as published inGovernment Notice No. R. 281 of 16 October 1987, and amended by Government Notice

No. R. 489of 18 March 1994, is hereby repealed.

Regulation - 307 - OHS - Noise Induced Hearing Loss

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