Machinery Regulation 1950

An occupier of premises must not require a person to perform work in a place where—

the daily noise dose to which the person is exposed exceeds 0.33; or

the A weighted sound pressure level exceeds 115 decibels.

It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that, at the time when the offence is alleged to have been committed, everyone employed by the defendant to work in the part of the premises in relation to which the offence is alleged to have been committed—

were provided with ear protection devices; and

had been instructed in the correct use of the devices; and

had been instructed to wear the devices in that part of the premises.

If the wearing of an ear protection device is reasonably likely to give rise to a situation of danger by impairing the hearing of the wearer, the defence provided for by subsection (2) is not available to the occupier of the premises unless the occupier has taken reasonable precautions to prevent injury to any person because of the creation of such a situation of danger.

For subsection (1), daily noise dose must be calculated—

in accordance with the procedure set out in Australian Standard 1269-1983, section 3; and

using an instrument mentioned in Australian Standard 2399‑1980 as a personal noise dosimeter that complies with the requirements of that standard.

For subsection (1), the A weighted sound pressure level must be calculated—

in accordance with the procedure set out in Australian Standard 1269-1983, section 2, clause 2.6; and

using an instrument mentioned in Australian Standard 1259‑1982 as a Type 1, Type 2 or Type 3 sound level meter that complies with the requirements of that standard.

In this section, a reference to an Australian Standard is a reference to the standard as in force at the time the subsection in which the reference appears takes effect.

In this section: