Australian Capital Territory Numbered Regulations

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WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 113

Noise management—duties of person conducting business or undertaking

    (1)     A person conducting a business or undertaking at a workplace commits an offence if the person does not—

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

        (b)     give workers at the workplace information and training about noise control measures in accordance with AS/NZS 1269; and

        (c)     ensure that any personal hearing protectors given to a worker are used and maintained in accordance with AS/NZS 1269.

Maximum penalty: 30 penalty units.

    (2)     If action is required to reduce the noise level to which a worker is exposed, the person conducting a business or undertaking at a workplace 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 worker is exposed; and

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

              (i)         meet the requirements of AS/NZS 1270; and

              (ii)         have been selected according to the procedures stated in AS/NZS 1269.3.

    (3)     A person conducting a business or undertaking at a workplace commits an offence if—

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

        (b)     the person does not—

              (i)     take the action mentioned in subsection (2) (a) and (b) to reduce the noise level to which the worker is exposed; or

              (ii)     give the worker the personal hearing protectors required under subsection (2) (c).

Maximum penalty: 20 penalty units.

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



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