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【法规名称】 
【法规编号】 80009  什么是编号?
【正  文】

第2页 CAP 59T FACTORIES AND INDUSTRIAL UNDERTAKINGS (NOISE AT WORK) REGULATION

[接上页]

  (2) 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.
  
  (3) 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.
  
  (Enacted 1992)
  
  Cap 59T s 7 Approval of ear protectors
  
  The Commissioner may approve any type of ear protector for the purposes of this Regulation and where he does so he shall publish in the Gazette the name or description of the type of ear protector that he has approved.
  
  (Enacted 1992)
  
  Cap 59T s 8 Reduction of noise exposure
  
  A proprietor shall, where an employee is likely to be exposed to a first action level or above or to a peak action level or above, reduce, as far as is practicable (other than by the provision of approved ear protectors), the exposure to noise of the employee.
  
  (Enacted 1992)
  
  Cap 59T s 9 Maintenance and use of equipment
  
  (1) A proprietor shall ensure, as far as is practicable, that-
  
  (a) any approved ear protector or noise control equipment provided to or installed for the benefit of an employee under sections 4, 5, 6 and 8 is fully and properly used; and
  
  (b) the approved ear protector and noise control equipment referred to in paragraph (a) are properly maintained.(2) An employee shall-
  
  (a) as far as is practicable, fully and properly use a suitable approved ear protector provided by the proprietor under section 4(2)(c), 5(c) or 6(3); and
  
  (b) if he discovers a defect in an approved ear protector, report the defect immediately to the proprietor.
  
  (Enacted 1992)
  
  Cap 59T s 10 Provision of information to employees
  
  A proprietor shall provide each employee who is likely to be exposed to a first action level or above or to a peak action level or above with adequate information, instruction and training on-
  
  (a) the risk of damage to hearing that the exposure may cause;
  
  (b) the steps that the employee should take to minimise the risk; and
  
  (c) the employee's obligations under section 9(2).
  
  (Enacted 1992)
  
  Cap 59T s 11 Exemption
  
  (1) The Commissioner may by certificate in writing exempt the proprietor of an industrial undertaking or class of industrial undertaking-
  
  (a) from a requirement under this Regulation if he considers that compliance with it would not be reasonably practicable; and
  
  (b) from ensuring that suitable approved ear protectors are provided under section 6 or are worn under section 4(2)(c) where the full and proper use of an approved ear protector would likely cause risk to the safety or health of the user or compliance with those sections would not be reasonably practicable.(2) The Commissioner may repeal or amend an exemption.
  
  (Enacted 1992)
  
  Cap 59T s 12 Offences
  
  (1) A person who fails to comply with section 3(1) or (2), 4, 5, 6(3), 8 or 9(1) commits an offence and is liable to a fine of $50000. (L.N. 43 of 1994)
  
  (2) A person who fails to comply with section 3(3), (4) or (5), 6(1), 9(2) or 10 commits an offence and is liable to a fine of $10000.
  
  (3) 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.
  
  (4) 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.
  
  (Enacted 1992)
  
  Cap 59T s 13 (Omitted as spent)
  
  (Omitted as spent)
  
  (Enacted 1992)
  
  Cap 59T SCHEDULE
  
  [section 2]
  
  DAILY PERSONAL NOISE EXPOSURE OF EMPLOYEES
  
  The daily personal noise exposure (taking no account of the effect of using an ear protector) is expressed in dB(A) and is ascertained using the formula-
  
  {
  
  ∫
  
  [
  
  2
  
  ]
  
  }
  
  LEP,d
  
  = 10 log10
  
  1
  
  To
  
  Te
  
  O
  
  PA(t)
  
  Po
  
  dt
  
  where-
  
  L EP,d = level of daily personal noise exposure;
  
  To = 8 hours or 28800 seconds;
  
  Te = the duration (expressed in hours if To, is expressed in hours, and in seconds if To is expressed in seconds) of the person's personal to sound;
  
  Po = 20 mPa; and
  
  PA(t) = the time-varying value of A-weighted instantaneous sound pressure in pascals in the undisturbed field in air at the atmospheric pressure to which the person is exposed (in the locations occupied during the work day), or the pressure of the disturbed field adjacent to the person's head adjusted to provide a notional equivalent undisturbed field pressure.
  
  (Enacted 1992)
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