Noise Exposure Regulations 2019
Key Information
Regulations to make further provisions for protecting employees from health and safety risks due to workplace noise exposure, including provisions on noise assessment, control measures, hearing protection, and audiometric testing.
Source: AGC - P.U. (A) 60
Regulation 1. Citation and commencement
(1)
These regulations may be cited as the Occupational Safety and Health (Noise Exposure) Regulations 2019.
(2)
These Regulations come into operation on 1 June 2019.
Regulation 2. Interpretation
In these Regulations-
“standard threshold shift” means an average shift of 10dB or more at frequencies of 2000, 3000 and 4000 Hz compared to the baseline audiogramme;
“abnormal audiogramme” means an audiogramme that shows a hearing loss, hearing impairment or permanent standard threshold shift;
“excessive noise” means daily noise exposure level exceeding 82dB(A), daily personal noise dose exceeding fifty per cent, maximum sound pressure level exceeding 115dB(A) at any time, or peak sound pressure level exceeding 140dB(C)
“dB(A)” means A-weighted decibel which is a unit of measurement of sound pressure level corrected to the A-weighted frequency scale by means of an electrical network having the characteristics determined by the International Electrotechnical Commission using a reference sound pressure level of 20 micropascals;
“dB(C)” means C-weighted decibel which is a unit of measurement of sound pressure level corrected to the C-weighted frequency scale by means of an electrical network having the characteristics determined by the International Electrotechnical Commission using a reference sound pressure level of 20 micropascals;
“daily personal noise dose” means the cumulative noise exposure of an employee corrected for a normal working day of eight hours;
“hearing impairment” means the arithmetic average of the permanent hearing threshold level of an employee at 500, 1000, 2000 and 3000 Hz which is shifted by 25dB or more compared to the standard audiometric reference level;
“noise-induced hearing loss” means hearing loss arising from exposure to noise;
“daily noise exposure level” means the equivalent continuous sound pressure level corrected for a normal working day of eight hours;
“peak sound pressure level” means the highest C-weighted instantaneous sound pressure level of any impact;
“sound pressure level” means the level, in decibels, calculated as twenty times the common logarithm of the ratio of a sound pressure to the reference sound pressure of 20 micropascals;
“noise exposure” means the amount of sound pressure exposed to a person's unprotected ear;
“personal hearing protector” means a device worn by a person to prevent unwanted auditory effects from acoustic stimuli;
“International Electrotechnical Commission” means the International Electrotechnical Commission that prepares and publishes International Standards for all electrical, electronic and related technologies.
Regulation 3. Identification of excessive noise
(1)
Every employer shall identify whether his employee may be exposed to excessive noise in the place of work in the manner as determined by the Director General.
(2)
The employer shall reidentify whether his employee may be exposed to excessive noise in the place of work under subregulation (1)—
(a)
if there is a change in the machinery, equipment, process, work, control measures or operation at the place of work which may expose his employee to excessive noise;
(b)
not more than one year after the date of the previous identification; or
(c)
if directed to do so by the Director General.
(3)
Any employer who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Regulation 4. Noise risk assessment
(1)
Where it appears to the employer, upon the identification made under subregulation 3(1), that any of his employees may be exposed to excessive noise, the employer shall appoint a noise risk assessor to carry out noise risk assessment.
(2)
The noise risk assessor appointed by the employer under subregulation (1) shall-
(a)
be registered with the Director General in the manner as determined by the Director General; and
(b)
possess a valid certificate issued by the Director General to carry out noise risk assessment.
(3)
The noise risk assessor shall carry out the noise risk assessment referred to in subregulation (1) by using noise measuring equipment which comply with the standard determined by the International Electrotechnical Commission.
(4)
Upon completion of the noise risk assessment referred to in subregulation (1), the noise risk assessor shall prepare a report and submit the report to the employer within one month of the date of completion of the assessment.
(5)
The report referred to in subregulation (4) shall include the findings of, and the recommendations made by, the noise risk assessor in respect of the noise risk assessment which has been carried out.
(6)
Upon receipt of the report under subregulation (4), the employer shall notify the employee who is exposed to excessive noise the findings and recommendations made under subregulation (5) within fourteen days after receiving the report from the noise risk assessor.
(7)
Where the report prepared under subregulation (4) consists of recommendations for any action to be taken pursuant to these Regulations, the employer shall carry out such recommendations within thirty days after receiving the report from the noise risk assessor.
(8)
The employer shall cause the noise risk assessment referred to in subregulation (1) to be reviewed-
(a)
not more than five years from the date of the previous noise risk assessment; or
(b)
if directed to do so by the Director General.
(9)
Any person who contravenes subregulation (1), (2), (3), (4), (5), (6), (7) or (8) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Regulation 5. Information, instruction, training and supervision
(1)
Where it appears to an employer that any of his employees is exposed to an excessive noise based on the report referred to in subregulation 4(4), the employer shall—
(a)
provide adequate information relating to the effects of noise exposure on the hearing of a person and the requirement to undergo an audiometric testing to such employees;
(b)
give training and instruction on the proper usage of a personal hearing protector to such employees; and
(c)
supervise the implementation of noise exposure control at the place of work.
(2)
An employer shall provide training for the employee referred to in subregulation (1) at least once a year.
(3)
Any employer who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Regulation 6. Noise exposure limit
(1)
Every employer shall ensure that none of his employee is exposed to-
(a)
the daily noise exposure level exceeding 85dB(A) or daily personal noise dose exceeding hundred per cent;
(b)
the maximum sound pressure level exceeding 115dB(A) at any time; or
(c)
the peak sound pressure level exceeding 140dB(C).
(2)
Where it appears to an employer that any of his employees is exposed to an excessive noise exceeding the limit specified in subregulation (1) based on the report referred to in subregulation 4(4), the employer shall take such measures to reduce the excessive noise.
(3)
The employer shall, before taking the measures under subregulation (2), make an assessment whether it is practicable to reduce such excessive noise by way of engineering control or administrative control.
(4)
If upon the completion of the assessment made under subregulation (3) the employer found that-
(a)
it is practicable to reduce such excessive noise by engineering control, the employer shall reduce the excessive noise by such engineering control;
(b)
it is not practicable to reduce such excessive noise by engineering control solely, the employer shall reduce the excessive noise by engineering control together with administrative control;
(c)
it is not practicable to reduce such excessive noise by engineering control together with administrative control, the employer shall reduce the excessive noise by administrative control solely; and
(d)
it is not practicable to reduce such excessive noise by administrative control, the employer shall take other effective measures, which shall include personal hearing protector, to reduce such excessive noise.
(5)
The employer shall make a report on the assessment, and shall, upon request in writing from the Director General, give the Director General a copy of that report within thirty days after the request is received.
(6)
Where the employer reduces such excessive noise by engineering control specified in paragraphs (4)(a) and (b), the employer shall ensure that such engineering control is maintained in an efficient state and good working order.
(7)
Any employer who contravenes subregulation (1), (2), (3), (4), (5) or (6) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding one year or to both.
Regulation 7. Personal hearing protector
(1)
Where an employer provides a personal hearing protector to an employee to reduce excessive noise, the employer shall ensure that the personal hearing protector-
(a)
is suitable and efficient;
(b)
is properly inspected, maintained and made available at all time;
(c)
will reasonably attenuate the employee's personal noise exposure below the limit specified in paragraph 6(1)(a), (b) or (c) when the personal hearing protector is worn properly; and
(d)
is approved by the Director General.
(2)
Any employer who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Regulation 8. Hearing protection zone
(1)
An employer shall ensure that any area at the place of work where a person is exposed to excessive noise exceeding the limit specified in paragraph 6(1)(a), (b) or (c)—
(a)
is marked with the words 'HEARING PROTECTION ZONE' or in such other manner as determined by the Director General and
(b)
so far as practicable, is demarcated and identified by an appropriate warning sign.
(2)
An employer shall-
(a)
provide a personal hearing protector in any hearing protection zone; and
(b)
ensure that any employee or other person uses the personal hearing protector provided under paragraph (a) while in the hearing protection zone.
(3)
Any employer who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Regulation 9. Audiometric testing
(2)
For the purpose of carrying out the audiometric testing under subregulation (1), the employer shall appoint an audiometric testing centre approved by the Director General.
(3)
The audiometric testing centre shall appoint an occupational health doctor to interpret the audiogramme of the employee based on the audiometric testing which has been carried out on such employee.
(4)
If the occupational health doctor determines any employee has an abnormal audiogramme, the occupational health doctor shall carry out medical examination on such employee.
(5)
The medical examination referred to in subregulation (4) shall include a medical history taking, physical examination and other relevant investigations to diagnose or rule out any occupational or non-occupational auditory disorder.
(6)
Where the occupational health doctor has examined the employee under subregulation (4) and is of the opinion that the employee has an occupational noise-induced hearing loss, hearing impairment or permanent standard threshold shift, the occupational health doctor shall notify the Director General within seven days after the medical examination.
(7)
The audiometric testing centre shall submit a report of the audiometric testing to the employer within thirty days from the date of the audiometric testing was carried out.
(8)
Upon receipt of the report under subregulation (7), the employer shall notify the result of the audiometric testing to the employee within twenty-one days after receiving the report.
(9)
If the report of the audiometric testing shows that any employee has a temporary standard threshold shift, the employer shall-
(a)
cause a retest to be carried out by the audiometric testing centre on such employee within three months after the previous audiometric testing was carried out; and
(b)
take such measures to protect the hearing of such employee from further deterioration.
(10)
If the report of the audiometric testing shows that any employee has an occupational noise-induced hearing loss, hearing impairment or permanent standard threshold shift, the employer shall-
(a)
notify the Director of the nearest office of the Department of Occupational Safety and Health within seven days after receiving the report under subregulation (7);
(b)
provide a personal hearing protector to such employee if no personal hearing protector was provided to such employee previously; and
(c)
train such employee on the usage of the personal hearing protector.
(11)
Any person who contravenes subregulation (1), (2), (3), (4), (6), (7), (8), (9) or (10) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding one year or to both.
(12)
For the purpose of this regulation, 'occupational health doctor' means a medical practitioner who is registered with the Director General to conduct medical surveillance programmes of employees.
Regulation 10. Duty of employer when audiometric testing is carried out
(1)
For the purpose of the audiometric testing under regulation 9, the employer shall—
(a)
ensure that the audiometric testing is carried out at no cost to the employee;
(b)
ensure that the audiometric testing is carried out within three months after the employee commencing work at any area of the place of work which is exposed to the noise exceeding the limit specified in paragraph 6(1)(a), (b) or (c); and
(c)
ensure that the audiometric testing is carried out after the employee is being put in a quiet state of at least fourteen hours without the aid of personal hearing protector.
(2)
For the purpose of paragraph (1)(c), 'quiet' means absence of exposure to sound pressure level exceeding 80dB(A).
Regulation 11. Record to be kept
(1)
An employer shall keep and maintain a record which contains the following:
(a)
the report of the noise risk assessment referred to in subregulation 4(4) for a period of not less than thirty years; and
(b)
the report of the audiometric testing of his employee referred to in subregulation 9(7) for so long as the employee is employed by him and for a period of five years after such employee ceases to be his employee.
(2)
Where an employer ceases to carry on business and other person takes over such business, the employer shall hand over all records referred to in paragraphs (1)(a) and (b) to that other person who takes over such business, and that other person shall keep and maintain such records for a period specified in paragraphs (1)(a) and (b) respectively.
(3)
At the expiration of the period referred to in paragraphs (1)(a) and (b), the employer shall give the Director General at least three months notice in writing of his intention to dispose of such records, and the employer shall transmit the records to the Director General, if so requested.
(4)
Any employer who contravenes subregulation (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.