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Canada Occupational Health and Safety Regulations

Version of section 7.3 from 2019-06-25 to 2024-11-26:

  •  (1) Where an employee in a work place may be exposed to an A-weighted sound pressure level equal to or greater than 84 dBA 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 name of the person appointed to carry out the investigation.

  • (2) [Repealed, SOR/98-589, s. 2]

  • (3) 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.

  • (4) 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 prescribed by section 7.4; and

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

  • (5) On completion of the investigation and after consultation with the work place committee or the health and safety representative, the person appointed to carry out the investigation shall set out in a written report signed and dated by the person

    • (a) observations respecting the matters considered in accordance with subsection (4);

    • (b) recommendations respecting the measures that should be taken in order to comply with sections 7.4 to 7.8; and

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

  • (6) The report shall be kept by the employer at the work place in respect of which it applies for a period of ten years after the date of the report.

  • (7) Where it is stated in the report that an employee is likely to be exposed to a noise exposure level (Lex,8) equal to or greater than 84 dBA, the employer shall, without delay,

    • (a) post and keep posted a copy of the report in a conspicuous place in the work place in respect of which it applies; and

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

  • SOR/91-448, s. 1
  • SOR/98-589, s. 2
  • SOR/2002-208, s. 10
  • SOR/2019-246, s. 26(F)

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