New noise exposure regulations promulgated

Source: SINC

On 6th March 2025, The Dept of Employment & Labour published (Government Gazette No 52226), the new 2024 Noise Exposure Regulations which will replace the 2003 Noise-Induces Hearing Loss Regulations in 18-momths time. This 18-month period is being allowed, so we, the employers, have an 18- month period to achieve the new 2024 Noise Exposure Regulations requirements standard, before non-compliance Notices will be issued.
This new regulation was published together with a Code of Practice for Audiometry, and with accompanying Explanatory Notes to the Noise Exposure Regulations 2024, giving more details about the stricter Noise Exposure requirements & testing procedures.

Only four levels of Competent Audiometric Screening Test people are recognised, namely an ENT (ear, nose and throat specialist); a speech therapist; an audiologist or a Quality Assurance Body valid certificated Occupational Audiometric Screener. Only two levels of competent person may perform Diagnostic Audiology, namely, an ENT (ear, nose and throat) specialist and an Audiologist, if they are registered with the Health Professions Council of South Africa.

Furthermore, a Competent Person in Relation to Noise means a person who— (a) has, in respect of the work or task to be performed, the required knowledge, training (National Quality Framework Act Registered) and experience in noise and, where applicable, relevant qualifications specific to or including noise: and b) is also familiar with the Act and the applicable Regulations made under the Act.

These Regulations apply to any employer or self-employed person at any workplace under their control, where persons are exposed to continuous or impulse noise at or above either the noise-rating limit or the noise action level or inner damaging ototoxic chemicals or whole-body vibration. It also applies to a designer, manufacturer, importer or supplier of plant or machinery for use at a workplace. So, such plant and machinery needs to comply with the noise rating limits and action levels, too.

The Noise definitions are also changes to be related to more specific definitions. A "noise-rating limit" means the value of the 8-hour rating level at or above 85 dBA for continuous noise and/or peak noise level at or above 137 dBC for impulse noise at which specified actions or counter measures must be taken. (Note: Now dBA & dBC noise scales to be used)
The “noise action level" means the value of the 8-hour rating level at or above 82 dBA for continuous noise and/or the value of the peak noise level at or above 135 dBC for impulse noise at which specified actions or counter measures must be taken. (If I recall correctly, 3dBA difference in noise level, doubles of the sound intensity (power – volume?) and a 1.4-fold increase in sound pressure on the ear.)

The Regulation change also requires that an employer or self-employed person must, in respect of a workplace under their control, cause the noise exposure risk assessment to be:
(a) as far as is reasonably practicable, before exposure to noise.
(b) thereafter at intervals not exceeding 24-months; and (A new requirement)
(c) by a competent person.
Again, specific criteria must be considered when noise exposure risk assessments are performed.

Employers must establish documented medical screening programme for all employees (and vulnerable employees) exposed to noise at or above the Noise-Rating-limit or the Noise A Level. Such medical Screening must occur as an initial medical screening, as far as reasonably practicable, immediately before an employee commences employment; and (ii) subsequently, periodic medical screening at intervals recommended by the occupational medicine practitioner, but not exceeding 24-months.Furthermore, the employer must ensure that an exit medical screening is carried out by an occupational health practitioner, within 6-months prior to the termination or on termination of an employee’s employment. These records need to be available should an Occupational Disease (WCL 1 form for hearing loss) COIDAct claim be lodged.

There are further Regulations clauses addressing :Prevention or control of exposure to noise, Noise zones, Hearing protective devices, Maintenance of control measures, Records (of (i) training; (ii) noise exposure risk assessment and action plan; (iii) noise exposure monitoring and action plan; (iv) medical screening and medical surveillance records; and (v) maintenance of control measures records to be kept for a period of 40 years), Offences & penalties (involving a fine or up to 12 months imprisonment plus and R200/day additional fine or a day’s imprisonment for each day of continued offences.