Maritime Occupational Health and Safety Regulations

162 (1) If it is not feasible for an employer to maintain an employee’s exposure to a sound level at or below the levels referred to in section 161, the employer must

• (a) appoint a qualified person to carry out an investigation of the degree of exposure;

• (b) notify the work place committee or the health and safety representative of the investigation and of the name of the person appointed to carry out the investigation; and

• (c) provide every employee entering the work place with a hearing protector that

  • (i) meets the standards set out in CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices, Performance, Selection, Care and Use, and

  • (ii) reduces the level of sound reaching the employee’s ears to less than 85 dB.

(2) For the purposes of subsection (1), the measurement of the A-weighted sound pressure level in a work place must be performed instantaneously, in normal working conditions, using the slow response setting of a sound level meter.

(3) During the investigation referred to in subsection (1), the following matters must 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 that exposure;

• (c) the methods being used to reduce the exposure;

• (d) whether the exposure of the employee is likely to be more than the limits prescribed by section 161; and

• (e) whether the employee is likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA.

(4) On completion of the investigation and after consultation with the work place committee or the health and safety representative, as the case may be, the person appointed to carry out the investigation must set out in a written report signed and dated by the person

• (a) observations respecting the matters considered under subsection (3);

• (b) recommendations respecting the measures that are to be taken in order to comply with section 161; and

• (c) recommendations respecting the use of hearing protectors by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA and not greater than 87 dBA.

(5) The report must be kept by the employer at the work place where it applies for a period of 10 years after the day on which the report is submitted.

(6) If it is stated in the report that employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 85 dBA, the employer must, without delay,

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

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