Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
noise exposure standard means the noise exposure
standard set out in the National Standard for Occupational Noise
[NOHSC: 1007 (2000)] published by the National Occupational Health
and Safety Commission, as that document is in effect from time to time.
(2) A responsible
person must not allow a member of the workforce who is under the
person’s control to be exposed to a level of noise that is in excess of
the noise exposure standard.
Penalty: a fine of $2 200.
(3) However, it is not
an offence for a person to allow a member of the workforce who is under the
person’s control to be exposed to a level of noise that exceeds the
noise exposure standard if —
(a)
noise exposure is managed in a manner consistent with the provisions of the
National Code of Practice for Noise Management and Protection of Hearing at
Work [NOHSC: 2009 (2004)], as that document is in effect from time
to time; and
(b)
after allowing for the protection offered by hearing protectors, the level of
noise exposure is less than —
(i)
an LAeq,8h, of 85dB(A); or
(ii)
an LC,peak, of 140dB(C).
(4)
Subregulation (3)(b) applies despite the wording of the noise exposure
standard.
(5) It is a defence in
a prosecution for an offence under subregulation (2) that the level of
noise to which the member of the workforce is exposed, is in accordance with
an exemption given by the Safety Authority under regulation 33.