Noise Hazard

1. Title and Enforcement Date

• The Occupational Safety and Health (Noise Exposure) Regulations 2019 [P.U. (A) 60] were enforced on June 1, 2019.

• Gazetted on March 1, 2019.

2. Interpretation

• This section includes definitions of key terms used throughout the regulations.

3. Identification of Excessive Noise

1. Employer Responsibility

   • Employers must identify excessive noise levels in the workplace.

   • They must determine if workers are exposed to "excessive noise."

4. Noise Risk Assessment

• If excessive noise exposure is a possibility:

  • Employers must appoint a "Noise Risk Assessor" (NRA).

  • Conduct a noise risk assessment in the workplace.

  • Prepare and maintain a report based on the assessment.

5. Information, Instruction, Training, and Supervision

• Based on the NRA's report, if workers are exposed to excessive noise, employers must provide a training program for affected workers.

6. Noise Exposure Limits (NEL)

1. Employer Obligations

   • Ensure workers are not exposed to:

     • Daily noise exposure level > 85 dB(A).

     • Maximum sound pressure level > 115 dB(A).

     • Peak sound pressure level > 140 dB(C).

2. Excessive Noise Definition

   • Defined as:

     • Daily noise exposure level > 82 dB(A).

     • Daily noise dose > 50%.

     • Maximum sound pressure level > 115 dB(A).

     • Peak sound pressure level > 140 dB(C).

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7. Noise Reduction Methods

• If noise exceeds NEL, employers must utilize:

  1. Engineering Controls

  2. Administrative Controls

  3. Personal Hearing Protectors (last resort, if other methods are impractical)

8. Hearing Protection Zones

• Areas exposed to "excessive noise" (exceeding NEL) must be designated as "Hearing Protection Zones."

9. Audiometric Testing

• Employers must conduct annual audiometric tests if noise exceeds NEL based on the NRA's report.

10. Employer Obligations for Audiometric Testing

• Audiometric tests must be:

  • Conducted at no cost to workers.

  • Performed within three months after exposure to noise over NEL.

  • Scheduled after 14 hours in a "quiet environment" without hearing protectors.

11. Record-Keeping

• Maintain records of:

  • Noise risk assessment reports.

  • Audiometric test reports.

12. Revocation of Previous Regulations

• Factories and Machinery (Noise Exposure) (Revocation) Regulations 2019 [P.U. (A) 59] supersede the previous regulations effective June 1, 2019.

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13. Transition from Old Regulations

1. Revocation of Previous Regulations

   • Cancels the Factories and Machinery (Noise Exposure) Regulations 1989.

2. Applicability of Previous Provisions

   • Some provisions from the 1989 regulations still apply post-enforcement of the 2019 regulations.

3. Key Notes

   • Approvals granted under revoked regulations are valid under new regulations.

   • Training programs initiated before the new regulations must continue.

14. Monitoring and Controls

• Continuation of control measures from revoked regulations is necessary:

  1. Monitoring

     • Valid monitoring practices from the revoked regulations are recognized.

  2. Engineering and Administrative Controls

     • Tests from revoked regulations remain valid.

  3. Audiometric Testing

     • Records from revoked regulations are compliant.

15. Proceedings and Approvals

1. Legal Actions

   • Ongoing legal proceedings under revoked regulations will be managed accordingly.

2. Approvals

   • Approvals under revoked regulations deemed as issued under new regulations.

16. Training Obligations

• Employers must provide training similar to prior programs for workers post-enforcement of the new regulations.

• For more details, check the official document or DOSH Malaysia website.

Key Control Measures