Cap. 59 sub. leg. T

Factories and Industrial Undertakings (Noise at Work) Regulation(Cap. 59, section 7)(Enacting provision omitted—E.R. 1 of 2022) [15 July 1993] L.N. 229 of 1993(Format changes—E.R. 1 of 2022) 1. (Omitted as spent—E.R. 1 of 2022) 2. Interpretation In this Regulation, unless the context otherwise requires—approved ear protector (認可聽覺保護器) means a type of ear protector approved by the Commissioner under section 7;daily personal noise exposure (每日個人噪音暴露量) means the level of daily personal noise exposure of an employee ascertained in accordance with the Schedule;employee (僱員) means a person employed by a proprietor to perform work in or in connection with an industrial undertaking;exposed (暴露) and exposure (暴露量) mean exposed or exposure while at work in an industrial undertaking;first action level (初級措施聲級) means a daily personal noise exposure of 85 dB(A);noise control equipment (噪音控制設備) includes a damping device, silencer, muffler, acoustic enclosure, anti-vibration mounting and sound-absorbing barrier;peak action level (頂級措施聲級) means noise reaching a peak sound pressure level of 140 dB or peak sound pressure of 200 Pa;second action level (二級措施聲級) means a daily personal noise exposure of 90 dB(A). 3. Assessment of noise exposure (1) Where a proprietor’s employee is likely to be exposed to a first action level or above or to a peak action level or above, the proprietor shall ensure that a person who by reason of his training and experience is competent to carry out a noise assessment makes a noise assessment which is adequate for the purposes—(a) of identifying which of his employees are likely to be so exposed; and(b) of providing him with information with regard to the noise to which his employees may be exposed that will enable him to comply with his duties under sections 4, 6, 8 and 9(1).(2) Where there has been a significant change in the work to which the assessment relates or where the proprietor has reason to believe that the assessment is no longer adequate for the purposes referred to in subsection (1), the proprietor shall ensure that a further noise assessment is made under subsection (1).(3) The person who carried out the assessment shall prepare an assessment report in the form, and containing the information, that the Commissioner may, by notice in the Gazette, require.(4) Within 28 days after completing an assessment the proprietor shall send a copy of the assessment report to the Commissioner.(5) The proprietor shall make the assessment report available at all reasonable times for inspection by an occupational safety officer. (32 of 2000 s. 48) 4. Ear protection zones (1) In this section, industrial undertaking (工業經營) does not include an industrial undertaking referred to in section 5 or a place where construction work is carried out.(2) Where a proprietor’s employee is likely to be exposed to a second action level or above or to a peak action level or above, the proprietor shall ensure, as far as is practicable, that—(a) the area within the industrial undertaking where the employee will likely be so exposed is demarcated and identified as an ear protection zone by means of signs and notices sufficient to indicate that—(i) it is an ear protection zone; and(ii) employees must wear suitable approved ear protectors while in the zone;(b) signs and notices that are the same as or to the same effect as those required under paragraph (a) are put up within the zone in conspicuous positions; and(c) no employee enters or remains in the zone unless the employee is wearing a suitable approved ear protector. 5. Specification of distance for noisy machines or tools Where a proprietor’s employee is likely to be exposed to a second action level or above or to a peak action level or above by reason of the operation of a machine or tool at a place where construction work is carried out or by reason only of the operation of a portable machine or tool at any industrial undertaking, the proprietor shall—(a) appoint a person who by reason of his training and experience is competent to carry out a noise assessment to specify a distance within which an employee is at risk of damage to his hearing unless a suitable approved ear protector is worn;(b) attach a sign or label to the machine or tool requiring that a suitable approved ear protector be worn by every employee who operates or assists in the operation of the machine or tool within the specified distance; and(c) ensure that every employee who operates or assists in the operation of the machine or tool who is within the specified distance wears a suitable approved ear protector. 6. Ear protection (1) A proprietor shall as far as is practicable ensure that where an employee is likely to be exposed to a first action level or above in circumstances where the daily personal noise exposure of the employee is likely to be less than 90 dB(A), the employee shall be provided, at his request, with a suitable approved ear protector.(2) Subsection (1) does not require a proprietor to provide a suitable approved ear protector to an employee where the wearing of the protector would likely cause risk to the safety of the employee or to any other person.(3) A proprietor shall as far as is practicable ensure that where an employee is likely to be exposed to a second action level or above or to a peak action level or above, the employee shall be provided with a suitable approved ear protector which, when properly worn, can reasonably be expected to keep the risk of damage to that employee’s hearing to below that arising from exposure to the second action level or, as the case may be, to the peak action level. 7. Approval of ear protectors The Commissioner may approve any type of ear protector for the purposes of this Regulation and where he does so he shall publish in the Gazette the name or description of the type of ear protector that he has approved. 8. Reduction of noise exposure A proprietor shall, where an employee is likely to be exposed to a first action level or above or to a peak action level or above, reduce, as far as is practicable (other than by the provision of approved ear protectors), the exposure to noise of the employee. 9. Maintenance and use of equipment (1) A proprietor shall ensure, as far as is practicable, that—(a) any approved ear protector or noise control equipment provided to or installed for the benefit of an employee under sections 4, 5, 6 and 8 is fully and properly used; and(b) the approved ear protector and noise control equipment referred to in paragraph (a) are properly maintained.(2) An employee shall—(a) as far as is practicable, fully and properly use a suitable approved ear protector provided by the proprietor under section 4(2)(c), 5(c) or 6(3); and(b) if he discovers a defect in an approved ear protector, report the defect immediately to the proprietor. 10. Provision of information to employees A proprietor shall provide each employee who is likely to be exposed to a first action level or above or to a peak action level or above with adequate information, instruction and training on—(a) the risk of damage to hearing that the exposure may cause;(b) the steps that the employee should take to minimise the risk; and(c) the employee’s obligations under section 9(2). 11. Exemption (1) The Commissioner may by certificate in writing exempt the proprietor of an industrial undertaking or class of industrial undertaking—(a) from a requirement under this Regulation if he considers that compliance with it would not be reasonably practicable; and(b) from ensuring that suitable approved ear protectors are provided under section 6 or are worn under section 4(2)(c) where the full and proper use of an approved ear protector would likely cause risk to the safety or health of the user or compliance with those sections would not be reasonably practicable.(2) The Commissioner may repeal or amend an exemption. 12. Offences (1) A person who fails to comply with section 3(1) or (2), 4, 5, 6(1) or (3), 8, 9(1) or 10 commits an offence and is liable on conviction to a fine at level 6. (L.N. 43 of 1994; E.R. 1 of 2022; 5 of 2023 s. 47)(2) A person who—(a) fails to comply with section 3(3) commits an offence and is liable on conviction to a fine at level 3;(b) fails to comply with section 3(4) or (5) commits an offence and is liable on conviction to a fine at level 4; or(c) fails to comply with section 9(2) commits an offence and is liable on conviction to a fine at level 5. (5 of 2023 s. 47)(3) It is a defence to a charge of failing to comply with section 4(2)(c) if the proprietor proves that the employee is not permitted by the proprietor to enter or remain within the demarcated ear protection zone or that the employee was not at the time of the alleged offence exposed to a second action level or above and to a peak action level or above.(4) It is a defence to a charge of failing to comply with section 5(c) if the proprietor proves that the employee was not at the time of the alleged offence exposed to a second action level or above and to a peak action level or above. 13. (Omitted as spent—E.R. 1 of 2022) Schedule [s. 2]Daily Personal Noise Exposure of Employees The daily personal noise exposure (taking no account of the effect of using an ear protector) is expressed in dB(A) and is ascertained using the formula— where— LEP,d ＝ level of daily personal noise exposure; To ＝ 8 hours or 28 800 seconds; Te ＝ the duration (expressed in hours if To is expressed in hours, and in seconds if To is expressed in seconds) of the person’s personal exposure to sound; Po ＝ 20 μPa; and PA(t) ＝ the time-varying value of A-weighted instantaneous sound pressure in pascals in the undisturbed field in air at the atmospheric pressure to which the person is exposed (in the locations occupied during the work day), or the pressure of the disturbed field adjacent to the person’s head adjusted to provide a notional equivalent undisturbed field pressure.