Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An employer must ensure that no employee at the workplace is exposed to noise that exceeds the noise exposure standard.
(2) For the purposes of subregulation (1), the employer must, so far as is reasonably practicable, eliminate the source of noise to which an employee is exposed.
(3) If it is not reasonably practicable to eliminate the source of the noise, the employer must reduce the exposure of the employee to noise so far as is reasonably practicable by—
(a) substituting quieter plant or processes; or
(b) using engineering controls; or
(c) combining any of the risk control measures referred to in paragraphs (a) and (b).
(4) If the employer has complied with subregulations (2) and (3) so far as is reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must reduce the exposure of the employee to noise, so far as is reasonably practicable, by using administrative controls.
(5) If the employer has complied with subregulations (2), (3) and (4) so far as is reasonably practicable and an employee is still exposed to noise that exceeds the noise exposure standard, the employer must provide hearing protectors to reduce the exposure of the employee to noise, so that it does not exceed the noise exposure standard.
(6) The employer providing hearing protectors under subregulation (5) must, when selecting the hearing protectors, consider—
(a) the nature of noise at the workplace; and
(b) noise levels at the workplace; and
(c) the duration of exposure to noise; and
(d) systems of work at the workplace.
Note
The nature of the noise at the workplace may involve consideration of the frequency component, impulse or other relevant matters.
(7) If several employees are exposed to identical sources of noise at the workplace and their exposure to noise is likely to be the same, the employer may select hearing protectors for those employees by considering the factors in subregulation (6) in respect of one or more of those employees.
(8) If the employer proposes to implement a risk control measure referred to in subregulation (2) or (3) and it is not reasonably practicable to do so within 6 months of making the decision to implement the control measure, the employer must make a written record that describes the actions necessary to implement the risk control measure and when these actions will be carried out.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(9) Subregulation (8) does not reduce or limit the employer's obligation to comply with subregulation (1).
(10) The employer who makes a written record under subregulation (8) must ensure that the record is accessible to—
(a) the health and safety representative of each designated work group affected by the proposed control measure; and
(b) any employee affected by the proposed control measure.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(11) For the purposes of section 35(1) of the Act, when making a decision to implement the risk control measure that is the subject of a written record under subregulation (8), the employer must consult with employees who are directly affected by this decision.
Notes
Note 1 to reg. 34 substituted by S.R. No. 112/2021 reg. 9.
1 Act compliance—sections 21 and 35 (see regulation 7).
2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.