(1) This regulation
applies to—
(a) an
operator; or
(b) an
employer; or
(c)
another person in control of—
(i)
a facility; or
(ii)
a part of a facility; or
(iii)
particular work carried out at a facility.
(2) The person must
not allow a member of the workforce who is under the person's control to be
exposed to a level of noise that is in excess of the noise exposure standard.
Maximum penalty: $2 200.
(3) It is a defence to
a prosecution for an offence against subregulation (2) that the level of
noise to which the member of the workforce is exposed, is in accordance with
an exemption given by the Safety Authority under regulation 14.
(4) In this
regulation—
"noise exposure standard" means the noise exposure standard set out in the
National Standard for Occupational Noise [NOHSC: 1007(2000)] published by the
National Occupational Health and Safety Commission, as existing from time to
time.