Protecting employees from exposure to noise
Employers have a duty to protect the health and safety of their employees. This duty includes protecting employees from exposure to noise. The Occupational Health and Safety Regulations 2017 (OHS Regulations) set a noise exposure standard measured in units called decibels (dB). The noise exposure standard is an 8-hour average of 85 dB(A) and a peak noise level of 140 dB(C) at the employee’s ear position.
Exposure to noise that exceeds the standard is considered dangerous to employees’ hearing. Employers must ensure employees' exposure to noise does not exceed the noise exposure standard.
If there is uncertainty about whether noise exposure exceeds or may exceed the standard, employers must determine an employee’s exposure to noise in the workplace. When determining noise exposure, employers must not take into account the effect of any hearing protectors employees may be using.
If there is uncertainty about whether noise exposure exceeds or may exceed the standard, employers must determine an employee’s exposure to noise in the workplace. When determining noise exposure, employers must not take into account the effect of any hearing protectors employees may be using.
Employers must take into account:
- the level of noise to which employees are exposed
- the duration of the exposure
- plant and other sources of noise at the workplace
- systems of work at the workplace
- any other relevant factors
Information about employers' duties is available on the WorkSafe website, including the Noise compliance code. The Noise compliance code provides practical guidance on how to comply with obligations under Victoria’s occupational health and safety (OHS) legislation to manage risks associated with workplace noise exposure.
Helping employers meet their duties
Permanent hearing damage is a health and safety risk for employees in noisy construction environments. The following checklist may help employers meet their OHS duties to protect employees from noise risks. The checklist can help employers:
- consider exposure of noise levels in construction environments
- identify whether employees are experiencing hearing issues
- comply with their OHS duties
The checklist has 6 questions relating to noise and noise control. Each question is broken into three parts:
- A question about noise and noise controls
- Instructions on what employers should look for when answering the question
- Information from the OHS Regulations that explains employers' obligations to control risks from noise
Noise control self-assessment checklist
Answer the following questions, using information under the 'What to look for' heading to help with the answers. Employers must comply with the requirements of the OHS Regulations that accompany each question.
- Is there a noise issue at the work site, not taking into account the effect of any hearing protectors being used?
What to look for
- Employees having difficulty communicating verbally when one metre apart
- Employees experiencing a reduction in hearing over the course of the shift
- Hearing protectors being worn
- Results of past noise surveys indicate a noise issue
- Reports and claims of hearing loss
- Use of known noisy equipment, for example, grinders, saws, jackhammers etc.
What the OHS Regulations say
- If there is uncertainty, based on reasonable grounds, as to whether the noise exposure standard is or may be exceeded, an employer must determine an employee’s exposure to noise at the workplace (regulation 32).
- The noise exposure standard is an 8-hour average of 85 dB(A) or a peak of 140 dB(C) (regulation 5).
- Has employees' noise exposure been determined, where required?
What to look for
- Has the determination been undertaken in line with regulation 32 of the OHS Regulations? Have the required factors from regulation 32(3) been taken into account?
- Does the determination describe how the required factors have been taken into account, consistent with regulation 33?
What the OHS Regulations say
- The determination must take into account the level of noise, duration of exposure, plant and other sources of noise, systems of work and any other relevant factors (regulation 32(3)(a)).
- The determination must not take into account the effect of any hearing protectors employees may be using (regulation 32(3)(b).
- An employer must make a written record of the determination (regulation 33(1)).
- The record of the determination must be readily available to any health and safety representatives (HSRs) and employees (regulation 32(3)).
- Where noise exceeds the noise exposure standard, has the hierarchy of control for reducing exposure to noise been applied?
What to look for
- Consistent with regulation 34, has each step in the hierarchy of control been applied as far as reasonably practicable before moving to the next control? The steps are:
- eliminating the source of the noise, so far as is reasonably practicable
- using substitution and engineering controls. For example:
- substituting the hazard with something safer, such as quieter plant or processes
- using engineering controls, such as sound insulation and noise dampening materials or fitting noise suppressors to plant
- using a combination of substitution and engineering controls
- using administrative controls, such as limiting exposure time to hazardous tasks and using signs to warn people of the hazard
- using hearing protectors
- Is there evidence of controls in place?
- Has there been consultation about the controls with HSRs and employees?
- Are controls being used?
- Are controls being used properly?
- Are controls effective and have they been maintained?
What the OHS Regulations say
- An employer must ensure no employee is exposed to noise that exceeds the noise exposure standard (regulation 34 (1)).
- The standard is an 8-hour average of 85 dB(A) and peak level 140 dB(C)
- An employer must, so far as reasonably practicable, eliminate the source of noise to which an employee is exposed (regulation 34(2))
- If it is not reasonably practicable to eliminate the source of the noise, the employer must reduce the employee’s exposure to noise so far as reasonably practicable by (regulation 34(3):
- substituting quieter plant or processes
- using engineering controls
- combining any of the risk control measures referred to in (a) and (b)
- If the employer has complied with sub-regulations (2) and (3) so far as reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must reduce the exposure of the employee to noise, so far as reasonably practicable by using administrative controls (regulation 34(4)
- If the employer has complied with sub-regulations (2), (3) and (4) so far as reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must provide hearing protectors to reduce the exposure of the employee to noise so it does not exceed the noise exposure standard (regulation 34(5))
- The employer providing hearing protectors under sub-regulation (5) must, when selecting the hearing protectors, consider:
- the nature of noise at the workplace
- noise levels at the workplace
- the duration of exposure to noise
- systems of work at the workplace
- Consistent with regulation 34, has each step in the hierarchy of control been applied as far as reasonably practicable before moving to the next control? The steps are:
- If relevant, has a written record of risk control measures been prepared?
What to look for
- Written records should highlight:
- timelines and responsible persons
- proposed actions necessary to implement the risk control measures and when actions will be carried out
- nature of risk control measures to be considered or the implemented elimination, substitution or engineering controls
What the OHS Regulations say
- If an employer proposes to eliminate the source of the noise or use substitution or engineering controls to reduce noise exposure and it is not practicable to do so within 6 months of that decision being made, the employer must make a written record that describes the actions necessary to implement the control measure and when these actions will be carried out (regulation 34(8)).
- Written records should highlight:
- Are hearing protector signs/labels in place?
What to look for
- Warning signs posted in designated areas or on plant
- Are signs and labels prominent and clear?
What the OHS Regulations say
- If an employer is required to provide hearing protectors, the employer must clearly identify by signs, labelling of plant or other appropriate means, when and where the hearing protectors are to be worn (regulation 35).
- If relevant, has audiometric testing been provided?
What to look for
- Is noise exposure likely to exceed exposure standards?
- Are employees relying on or required to use hearing protectors?
- Are employees referred for audiological examination in line with OHS Regulations?
- Are records kept of audiometric examination results?
What the OHS Regulations say
- If an employer is required to provide hearing protectors to control employees’ exposure to below the exposure standard, the employer must provide audiometric testing within 3 months of an employee commencing work where hearing protectors are required, when reasonably requested by the HSR and at least every 2 years (regulation 37).
- If the results of 2 or more audiometric tests over 2 years or less indicate a reduction in an employee’s hearing equal to or greater than 15 dB at 3000 Hz, 4000 Hz or 6000 Hz, the employer must provide for the employee to undergo an audiological examination as soon as is reasonably possible (regulation 38).
- An employer must obtain a report from the person who conducts the audiological examination. The report must contain results of the examination and state whether or not the employee has suffered hearing loss that is likely to be due to noise exposure (regulation 39).
- Test and report results must be kept by the employer for as long as the employee is employed (regulation 40(1)), be provided to the HSR if requested (regulation 40(2)) and must not include any identifying information (regulation 40(3)).