2022 Manitoba Workplace Safety and Health Act and Regulation



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whs workplace safety act and regs

Hearing protection
12.3
If a worker is or is likely to be exposed to noise in a workplace that
exceeds 80 dBA Lex but does not exceed 85 dBA Lex, the employer
must
(a) inform a worker about the hazards of the level of noise; and
(b) on the request of the worker, provide him or her with a hearing
protector that performs and is selected, used and maintained
in accordance with the care and use requirements of CAN/CSA


Workplace Safety And Health Regulation
144
Standard-Z94.2-14, Hearing Protection Devices — Performance, 
Selection, Care and Use.
M.R. 159/2018
Control measures if exposure exceeds 85 dBA Lex
12.4(1) When a noise exposure assessment conducted under this Part
indicates a worker is exposed to noise in the workplace that is more
than 85 dBA Lex, and if reasonably practicable, an employer must
implement sound control measures that reduce the noise to which
the worker is exposed to 85 dBA Lex or less.
12.4(2) When it is not reasonably practicable to implement sound control
measures, or the sound control measures implemented by an
employer do not reduce the worker’s noise exposure to 85 dBA Lex or
less, an employer must
(a) inform the worker about the hazards of the level of noise;
(b) provide the worker with
(i) a hearing protector that
(A) performs and is selected, used and maintained in
accordance with requirements of CAN/CSA Z94.2-14,
Hearing Protection Devices — Performance, Selection, 
Care and Use, and
(B) reduces the worker’s noise exposure to 85 dBA Lex or
less,
(ii) training on the performance, care and use of the hearing
protector in accordance with the requirements of CAN/
CSA Z94.2-14, Hearing Protection Devices - Performance, 
Selection, Care and Use;
(c) at the employer’s expense, provide the worker with the
following audiometric tests:
(i) an initial baseline test as soon as is reasonably practicable
but not later than six months after the worker is initially
exposed to that noise level,
(ii) a further test at least once every two years after the initial
baseline test.
12.4(3) In order to ensure the tests and reports required under this Part are
completed, an employer obligated to provide audiometric testing
must, at the employer’s expense, engage a physician or audiologist.


Workplace Safety And Health Regulation
145
12.4(4) Only a physician, an audiologist or an industrial audiometric
technician engaged by the employer may perform the audiometric
testing described in clause (2)(c).
M.R. 159/2018; 128/2019

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