100Exposure to noise

100 Exposure to noise

(a) an operator; or

(b) an employer; or

(2) A person to whom this regulation applies 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.

(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; 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) Subregulation (2) does not apply if the level of noise to which the member of the workforce is exposed is in accordance with an exemption given by NOPSEMA under regulation 101.

noise exposure standard means the noise exposure standard set out in the National Standard for Occupational Noise.