Cap. 59T 《工廠及工業經營(工作噪音)規例》Factories and Industrial Undertakings (Noise at Work) Regulation

Where a proprietor’s employee is likely to be exposed to a first action level or above or to a peak action level or above, the proprietor shall ensure that a person who by reason of his training and experience is competent to carry out a noise assessment makes a noise assessment which is adequate for the purposes—

Where there has been a significant change in the work to which the assessment relates or where the proprietor has reason to believe that the assessment is no longer adequate for the purposes referred to in subsection (1), the proprietor shall ensure that a further noise assessment is made under subsection (1).

The person who carried out the assessment shall prepare an assessment report in the form, and containing the information, that the Commissioner may, by notice in the Gazette, require.

Within 28 days after completing an assessment the proprietor shall send a copy of the assessment report to the Commissioner.

The proprietor shall make the assessment report available at all reasonable times for inspection by an occupational safety officer. (32 of 2000 s. 48)

Where a proprietor’s employee is likely to be exposed to a second action level or above or to a peak action level or above, the proprietor shall ensure, as far as is practicable, that—

A proprietor shall as far as is practicable ensure that where an employee is likely to be exposed to a first action level or above in circumstances where the daily personal noise exposure of the employee is likely to be less than 90 dB(A), the employee shall be provided, at his request, with a suitable approved ear protector.

Subsection (1) does not require a proprietor to provide a suitable approved ear protector to an employee where the wearing of the protector would likely cause risk to the safety of the employee or to any other person.

A proprietor shall as far as is practicable ensure that where an employee is likely to be exposed to a second action level or above or to a peak action level or above, the employee shall be provided with a suitable approved ear protector which, when properly worn, can reasonably be expected to keep the risk of damage to that employee’s hearing to below that arising from exposure to the second action level or, as the case may be, to the peak action level.

A proprietor shall ensure, as far as is practicable, that—

An employee shall—

The Commissioner may by certificate in writing exempt the proprietor of an industrial undertaking or class of industrial undertaking—

The Commissioner may repeal or amend an exemption.

A person who fails to comply with section 3(1) or (2), 4, 5, 6(1) or (3), 8, 9(1) or 10 commits an offence and is liable on conviction to a fine at level 6. (L.N. 43 of 1994; E.R. 1 of 2022; 5 of 2023 s. 47)

A person who—

It is a defence to a charge of failing to comply with section 4(2)(c) if the proprietor proves that the employee is not permitted by the proprietor to enter or remain within the demarcated ear protection zone or that the employee was not at the time of the alleged offence exposed to a second action level or above and to a peak action level or above.

It is a defence to a charge of failing to comply with section 5(c) if the proprietor proves that the employee was not at the time of the alleged offence exposed to a second action level or above and to a peak action level or above.