Australian Capital Territory Numbered Regulations

OCCUPATIONAL HEALTH AND SAFETY (GENERAL) REGULATION 2007 (NO 36 OF 2007) - REG 71

    (1)     An employer must —

        (a)     properly maintain noise control measures at a workplace; and

        (b)     give an employee information and training about noise control measures; and

        (c)     ensure that any personal hearing protectors given to the employee are properly used and maintained.

    (2)     If action is required to reduce the noise level to which an employee is exposed, the employer must—

        (a)     as far as is reasonably practicable, implement engineering noise controls to reduce the noise level; and

        (b)     if action under paragraph (a) does not reduce the noise level to the exposure standard or less—as far as is reasonably practicable, implement administrative noise controls to reduce the noise to which the employee is exposed; and

        (c)     if action under paragraph (a) and paragraph (b) does not reduce the noise level to the exposure standard or less—give the employee personal hearing protectors that—

              (i)     meet the requirements of AS 1270; and

              (ii)     have been selected according to the procedures stated in AS 1269.

Example

provision of personal hearing protectors

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     An employer commits an offence if—

        (a)     noise levels at a workplace exceed the exposure standards for an employee; and

        (b)     the employer does not take the action mentioned in subsection (2) to reduce the noise level to which the employee is exposed.

Maximum penalty: 10 penalty units.

    (4)     An offence against this section is a strict liability offence.