Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Noise Exposure Regulations, 2024

1. Definitions
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In these Regulations, word or expression to which a meaning has been assigned in the Occupational Health and Safety Act.1993 (Act No. 85 of 1993), bears the meaning so assigned and, unless the context otherwise indicates—

 

"approved noise inspection authority"

means an inspection authority approved by the Chief Inspector of the Department of Employment and Labour for the monitoring of noise in the workplace;

 

"Chief Director: Provincial Operations"

means the provincial director as defined in the General Administrative Regulations, 2003, published as Government Notice R.929 in Gazette No. 25129 of 25 June 2003;

 

"competent person: audiometric testing"

means—

(a) for screening audiometry;
(i) a person registered in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), with the Health Professions Council of South Africa in any of the following categories:
(aa) ENT (ear, nose and throat specialist);
(bb) speech therapist; or
(cc) audiologist;
(ii) a person with a valid occupational skills certificate: Occupational Audiometric Screener, obtained from an organisation accredited with the Quality Assurance Body that has been delegated the quality assurance responsibilities for Occupational Audiometric Screener unit standards by the Quality Council for Trades and Occupations (QCTO), established in terms of section 26(1) of the Skills Development Amendment Act, Act No. 37 of 2008, as amended, and registered with an organisation recognised by the Chief Inspector; and
(b) for diagnostic audiology—
(i) a person registered in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), with the Health Professions Council of South Africa in any of the following categories:
(aa) ENT (ear, nose and throat specialist); or
(bb) audiologist;

 

"competent person"

in relation to noise means a person who—

(a) has, in respect of the work or task to be performed, the required knowledge, training and experience in noise and, where applicable, relevant qualifications specific to or including noise: Provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), those qualifications and that training must be regarded as the required qualifications and training; and
(b) is familiar with the Act and the applicable regulations made under the Act;

 

"exposure"

means the extent to which a person is exposed to noise at the workplace as determined by the noise exposure risk assessment, and includes potential or accidental exposure, and exposed has a derivative meaning;

 

"hearing protective device or HPD"

means a device with the proven capability of reducing actual noise exposure to either below the noise-rating limit or the noise action level where there is concomitant exposure to ototoxic chemical agents and/or whole-body vibration;

 

"impulse noise"

means sound characterised by brief excursions of sound pressure that exceeds the background noise;

 

"LReq, 8h or 8-hour rating level"

means the rating level normalised to a nominal 8-hour working day and should be A-weighted;

 

"Lpeak or peak noise level"

means the peak level of the sound pressure wave with no time constant applied and should be C-weighted;

 

"medical screening"

means a risk-based systematic medical assessment of a person or a group of people using a combination of medical history, physical examination and special tests/investigations to detect disease or abnormality;

 

"noise"

means unwanted sound that may cause annoyance, interference with speech or communication and/or hearing impairment;

 

"noise action level"

means the value of the 8-hour rating level at or above 82 dBA for continuous noise and/or the value of the peak noise level at or above 135 dBC for impulse noise at which specified actions or counter measures must be taken;

 

"noise exposure monitoring"

means the systematic process of measuring the magnitude, frequency and duration of exposure to noise;

 

"noise-rating limit"

means the value of the 8-hour rating level at or above 85 dBA for continuous noise and/or peak noise level at or above 137 dBC for impulse noise at which specified actions or counter measures must be taken;

 

"noise exposure risk assessment"

means an assessment and risk categorisation of exposure to noise in the workplace;

 

"noise technical committee"

means a committee established in terms of regulation 16;

 

"noise zone"

means an area, and plant or machinery without a fixed location, where the exposure to noise is—

(a) at or above the noise-rating limit; or
(b) at or above the noise action level where there is concomitant exposure to ototoxic chemical agents and/or whole-body vibration;

 

"ototoxic chemical agent"

means a chemical agent with the potential to cause hearing impairment alone or in combination with noise, even below 85 dBA;

 

"the Act"

means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);

 

"vulnerable employee"

means an employee who is at a higher risk of injury, disease or complications caused by exposure to noise;

 

"whole-body vibration"

means mechanical vibration which is transmitted into the body, when seated or standing, through the supporting surface, during a work activity.