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On Board Trains Occupational Health and Safety Regulations

Version of section 4.3 from 2015-09-11 to 2019-06-24:

  •  (1) If an employee in a work place may be exposed to an A-weighted sound pressure level of 84 dBA or more for a duration that is likely to endanger the employee’s hearing, the employer shall, without delay,

    • (a) appoint a qualified person to carry out an investigation of the degree of exposure; and

    • (b) notify the work place committee or the health and safety representative of the investigation and the qualified person’s name.

  • (2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place shall be performed instantaneously, during normal working conditions, using the slow response setting of a sound level meter.

  • (3) In the investigation referred to in subsection (1), the following matters shall be considered:

    • (a) the sources of sound in the work place;

    • (b) the A-weighted sound pressure levels to which the employee is likely to be exposed and the duration of such exposure;

    • (c) the methods being used to reduce this exposure;

    • (d) whether the exposure of the employee is likely to exceed the limits set out in section 4.4; and

    • (e) whether the employee is likely to be exposed to a noise exposure level (Lex,8) of 84 dBA or more.

  • (4) On completing the investigation and after consulting with the work place committee or the health and safety representative, the qualified person shall make, sign and date a written report that contains their

    • (a) observations respecting the matters set out in subsection (3);

    • (b) recommendations respecting the measures that should be taken in order to comply with sections 4.4 to 4.8; and

    • (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (Lex,8) of 84 dBA or more but not more than 87 dBA.

  • (5) The employer shall keep the report at a location that is accessible to affected employees for a period of 10 years after the date of the report.

  • (6) If the report states that an employee is likely to be exposed to a noise exposure level (Lex,8) of 84 dBA or more, the employer shall, without delay,

    • (a) post and keep posted a copy of the report in a conspicuous place accessible to the employee; and

    • (b) provide the employee with written information that describes the hazards associated with exposure to high levels of sound.

  • SOR/95-105, s. 61(F)
  • SOR/2015-143, s. 19
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