Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Noise-induced Hearing Loss Regulations, 2003

1. Definitions
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In these regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates—

 

"approved noise inspection authority"

means an approved inspection authority for the monitoring of noise in the workplace;

 

"assessment"

means a programme to determine any risk from exposure to noise associated with the workplace in order to identify the steps that need to be taken to remove, reduce or control such hazard;

 

"attenuation of hearing protectors"

means hearing protectors with the proven capability of reducing the sound exposure to which the wearer thereof is exposed;

 

"audiogram"

means a chart, graph or table indicating the hearing threshold levels of an individual as a function of frequency, (namely 0,5, 1,2,3,4,6 and 8 kilohertz), as determined during a measurement of a person’s hearing threshold levels by means of a monaural, pure tone, air-conduction threshold test;

 

"Compensation Commissioner"

means the Compensation Commissioner appointed under section 2(1)(u) of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993);

 

"competent person"

means -

a)a person registered in terms of the Health Professions Act, 1974 (Act No. 56 of974), with the Health Professions Council of South Mica in any of the following three categories :
i)Otorhinolaryngologist (ear, nose and throat specialist);
ii)speech therapist and audiologist; or
iii)occupational medicine practitioner; or
b)a person with a qualification in audiometric techniques obtained from an institution registered with the South African Qualification Authority or any of its structures in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), and registered with the South African Society for Occupational Health Nursing (SASOHN);

 

"exposed"

means exposed to noise while at a workplace and "exposure" has a corresponding meaning;

 

"equivalent continuous rating level"

means the equivalent continuous A-weighted sound pressure level during a specified time interval, plus a specified adjustment for impulsiveness of the sound, as contemplated in SAE3S 083;

 

"General Administrative Regulations"

means the General Administrative Regulations published under section 43 of the Act in Government Notice No. R. 1449 of 6 September 1996;

 

"health and safety standards"

means the health and safety standards that have been incorporated in these regulations under section 44 of the Act;

 

"hearing protective equipment"

means ear-muffs or ear-plugs which are of a type, or conform to a standard, approved by the Minister;

 

"Instruction No. 171"

means the Compensation Commissioner’s Circular Instruction No. 171 and Supplement entitled Determination of Permanent Disablement Resulting from Noise Induced Hearing Loss and Trauma;

 

"noise-rating limit"

means the value of the 8-hour rating level, 85 &A at and above which hearing impairment is likely to result;

 

"SABS 083"

means the Code of Practice for the Measurement and Assessment of Occupational Noise for Hearing Conservation Purposes, SABS 083, published by the South African Bureau of Standards;

 

"the Act"

means the Occupational Health and Safety Act,1993 (Act No. 85 of 1993);

 

"%-hour rating level"

means the rating level normalized to a nominal 8-hour working day as indicated in SABS 083.