Factories and other Places of Work (Noise Prevention and Control) Rules, 2005 (L.N. No. 25 of 2005)

LEGAL NOTICE No. 25 THE FACTORIES AND OTHER PLACES OF WORK ACT (Cap. 514) IN EXERCISE of powers conferred by section 55 of the Factories and Other Places of Work Act, the Minister for Labour and Human Resource Development, makes the following Rules: THE FACTORIES AND OTHER PLACES OF WORK (NOISE PREVENTION AND CONTROL) RULES, 2005 J. These rules shall be cited as Factories and Other-Places of Citation Work (Noise Prevention and Control) Rules, 2005. 2. In these rules except where the context otherwise requires- Interpreteuon "Aeweighted filter" means an electronic circuit whose sensitivity to sound pressure levels varies in the same way as the human ear; "daily exposure" means the amount of noise stated in dB(A) to which a person is exposed during work day; "dB (A)" means decibels of noise, measured with an A-weighted filter; "director" means the Director of Occupational Safety and Health Services; "directorate" means the directorate of occupational health and safety services; "machinery" includes machines tools and other technical devices used at the place of work; "noise" means an sound energy which can result in hearing impairment or be harmful to health or otherwise dangerous; "peak sound level .. means the maximum instantaneous sound level in dB(A); "worker" includes a person who has entered into or works under a contract of service or apprenticeship. written or oral. express or implied, whetber by way of manual labour or otherwise; "workplace" includes any land. premises, location. vessel or thing at, in, upon or near which a worker performs his duty In accordance with his contractof employment. 3. (1) These rules shall apply to every factory, premises, place, Applicaticn. process and operations to which the provisions of tbe Act apply. (2) Every occupier shall comply with these Rules and every agent, worker and any other person in the workplace shall conduct his work in accordance with these Rules Permissible noiselevel Noise prevention programme, Noise measurements andrecords, 4. (1) No worker shall be exposed to a noise level in excess of­ (a) the continuous equivalent of ninety dB (A) in eight hours within any twenty four hours duration; and (b) one hundred and forty dB (A) peak sound level at any given time. (3) Where noise is intermittent, noise exposure shall not exceed the sum of the partial noise exposure equivalent continuous sound level of ninety dB (A) in eight hour duration within any twenty four hours duration, (4) (a) It shall be the duty of the occupier to ensure that noise that gets transmitted outside the workplace shall not exceed fifty five dB (A) during the day and forty five dB (A) during the night; and (b) any person who does not comply with this provision shall commit an offence. 5. (l) Where noise in a workplace exceeds the continuous equivalent of eighty five dB (A) the occupier must develop and implement an effective noise control and hearing conservation programme. (2) The programme must be in writing and should address ­ (a) noise measurement; (b) education and training: (c) engineering noise control; (tf) hearing protection, (e)...wsting of notices in noisy areas; (j) hearing tests; and (g) annual programme review. (3) The occupier shall maintain in a manner acceptable to the director a record of the hearing tests for each worker which must be (a) kept as long as the worker is employed by the employer and not less than two years; and (b) treated as confidential and not released to anyone without the written permission of the worker. 6. (I) (i) It shall be the duty of the occupier to carry out measurements of noise at least once in every period of twelve months in order to determine the prevailing noise conditions. (ii) whenever any facility, equipment, working process or working method has been changed. noise measurements shall be carried out. (2) Noise exposure measurement results shall be recorded and specify (a) the date and time of the noise measurement; (b) the names and numbers of workers exposed; (c) types of occupations evaluated; (d) measuring conditions; (e) measuring method; if) measuring equipment; (h) recommended remedial measures taken; and (g) name of person .taking the measurements. (3) The results of the measurements carried out as required under paragraph (2) shall be kept by the occupier for a period of two years or such other period as may be prescribed by the director and. shall be communicated to the workers if requested. (4) The ·director may issue guidelines on how monitoring of noise shall be carried out. 7. (1) The occupier shall inform in writing all the workers in any process where noise level is below ninety dB(A) on: (a) the results of any noise exposuremeasurements; (b) the significance of those results to the risk of hearing loss; and (c) at the request of the worker, the purpose of hearing protection and testing. (2) The occupier shall inform in writing all workers exposed to noise above ninety dB(A) on the~ (a) results of any noise exposure measurements; (b) effects of noise on hearing; (c) proper use and maintenance of hearing protection; and (tf) purpose of hearing test. (3) The occupier shall ensure that all workers exposed to noise are fully trained on the hazards involved, and instructed in the measures available for the prevention, control and protection against noise exposure. 8. It shall be the responsibility of the occupier to ensure that all noise measuring equipment are regularly calibrated, maintained, inspected and operated according to manufacturer's instructions. 9. Every occupier shall (a) take suitable engineering noise reduction measures at the source of the noise to reduce it and limit its spreading; Information and training of workers. EquipmenL Engineering controls. Installation and maintenance of machinery or plant. Means of communication. Hearing protection. Noise hazard areas. W"",= responsibility in noise haze-d area'. Dutiesof the occupier . (b) adopt methods of work, which shall reduce noise exposure of workersto the recommended noise levels; and (e) as far as practicable, walls and ceilings of workplaces shall be lined with suitable sound absorbing material to prevent reflection of noise. 10. (I) Machinery or plant in the workplace shall be installed in such a way that the lowest possible noise is emitted when the machine is in operation. (2) It shall be the duty of the occupier to carry out regular inspection and maintenance of machines and installations to ensure that noise emission is preventedor controlled. (3) Where noise levels exceed ninety dB (A), the process or machinery shall be segregated or be enclosed by suitable structures capable of suppressing noise. (4) Where it is not practicable to segregate or enclose noisy machinery or process as required rule (3), there shall be provided a suitable sound reducing enclosure or cabin for use by employees exposed. 11. The occupier shall install, where noise gives rise to difficulties in verbal or sound communication, a visual warning system or any other means of communication, 12. Where noise cannot be controlled by engineering measures and exceeds ninety dB(A), the employer shall (a) provide and maintain suitable hearing protection to the affected workers; and (b) ensure that the hearing protection is always worn correctly. 13. Where the noise level is above ninety dB(A), the employer shail (a) post a sign at the entrance to and in every room or conspicuous place, clearly and prominently marked "DANGER, HEARING PROTECTION MUST BE WORN" in English, Kiswahili and one local language commonly used where the workplace is situated; (b) supply hearing protection to all persons required to enter such an area;and (e) ensure that all workers and any other person entering this area wear hearing protection. 14. All workers shall wear hearing protection in all places designated as noise hazard areas, and in accordance with instructions provided by the employer. 15. (1) It shall be the duty of the occupier to ensure that the machines installed in the workplace are appropriately designed or have built-in noise reduction devices, which ensure the lowest possible emission and in any case not exceeding ninety dB (A). (2) The occupier shall request the supplier of the machine referred to in paragraph (I) to provide information on the noise characteristics of the machine. , 16. (1) The occupier shall provide medical examinations and heating tests for workers exposed to noise above eighty five dB(A) limit as follows: (a) an initial test upon employment; (b) annual tests thereafter or at such an interval as may be required by the director. (2) Every occupier who provides medical examination and hearing tests for his workers shall within twenty days submit reports in such form as may be prescribed by the director. . (3) Where medical examination reveals that a worker is unfit to continue with assignments involving exposure to noise the employer shall find an alternative employment. (4) A worker transferred to alternative employment in compliance with paragraph (3) shall not suffer loss of remuneration or any other benefit due to him. 17. (I) Every medical practitioner shall give to the director, after diagnosing occupational hearing impairment, a full report including the name of the patient, the name of factory or workplace in which the employee was last employed. (2) Occupational hearing impairment shall be compensated as an occupational disease. 18. (I) The occupier shall review the noise control and hearing conservation programme annually to ensure its effectiveness. (2) The review must address (a) the adequacy of noise control measures; (b) the selection and use of hearing protection; and (c) hearing test, and information on the rate and extent of occupational hearing impairment. 19. Where any offence i~ committed under these rules, the provisions of Part XI of the Principle Act as to offences, penalties (including the amounts thereof) and the proceedings shall apply, mutatis mutandis, as if they were set out there in. 20. The Noise Rules L. N. 296 of 1996 is revoked. Made on the 10th March, 2005. NEWTON KULUNDU, Minister for Labour and Human Resource Development. Medical examination and hearing rests. Compensation andnotification of occupational hearing impainnent. Programme review. Offencesand penalties. Revocation.