Legislation
General Regulation - Occupational Health and Safety Act
N.B. Reg. 91-191
Part V NOISE AND VIBRATION
Section 29 Measurement of noise level
- 29. (1) If an employer or an employee has reason to sus‐ pect that the noise level in a work area may exceed 80 dBA, an employer shall ensure that the noise level is measured by a competent person in accordance with CSA standard Z107.56-06 (R2011), Procedures for the measurement of occupational noise exposure or a standard offering equivalent or better protection.
- (a) the noise level is measured by a competent person using a sound level meter that conforms as a minimum to the requirements of ANSI standard S1.4-1983, "American National Standard Specification for Sound Level Meters", for a Type 2 sound level meter that is set to use the A-weighted network with slow meter response, and
- (b) the amount of time that an employee spends in a work area where the noise level exceeds 80 dBA is measured.
- (2) An employer shall ensure that the information obtained under subsection (1) is documented and made available to a committee or health and safety representative, if any, and to an officer on request.
- (3) Where there is reason to suspect that substantial changes in noise levels documented under subsection (1) have occurred, an employer shall ensure that the noise level and employee exposure is re-measured and documented in accordance with the requirements of subsection (1).
[N.B. Reg. 2022-27, s. 18; 2024-38, s. 17]
Section 29.1 Hearing conservation code of practice
- 29.1 (1) If the noise exposure in a work area exceeds or is believed to exceed the noise exposure limits set out in section 30, an employer shall ensure that a code of practice concerning hearing conservation is established for the work area.
- (2) An employer shall consult with a committee or health and safety representative, if any, or with employees if there is no committee or representative, in developing the code of practice.
- (3) The code of practice shall contain information concerning the following:
- (a) the noise level to which employees will be exposed;
- (b) the location of the work area to which the code of practice applies;
- (c) the implementation of noise control measures including measures that involve the use of engineering controls to reduce noise exposure;
- (d) the selection, use and maintenance of hearing protective equipment;
- (e) the methods and procedures to be used to train employees in the hazards of excessive exposure to noise and the correct use of control measures and hearing protective equipment;
- (f) the posting of signs in the work area identifying the noise hazard and the precautions required; and
- (g) the requirements for hearing tests.
- (4) An employee shall comply with the code of practice, and an employer shall ensure that employees comply with the code of practice.
- (5) An employer shall ensure that a copy of the code of practice is made available to an officer on re‐ quest.
- (6) An employer shall review the code of practice at least once each year in consultation with
- (a) the committee, if any,
- (b) a health and safety representative, if any, or
- (c) if there is no committee or representative, employees.
- (7) An employer shall update the codes of practice
- (a) when there is a change in condition at the work area, or
- (b) when ordered to do so by an officer.
[N.B. Reg. 2024-38, s. 18]
Section 29.2 Hearing tests
- 29.2 (1) An employer shall provide a hearing test to employees who are exposed to noise that exceeds the noise exposure limits set out in section 30
- (a) an audiologist who is registered with the New Brunswick Association of Speech-Language Pathologists and Audiologists (NBASLPA), or
- (b) a person who successfully completed a training course referred to in clause 6 of CSA standard Z-107.6:16 (R2020), Audiometric testing for use in hearing loss prevention programs or a standard offering equivalent or better protection.
- (2) Hearing tests shall be administered by
- (a) an audiologist who is registered with the New Brunswick Association of Speech-Language Pathologists and Audiologists (NBASLPA), or
- (b) a person who successfully completed a training course referred to in clause 6 of CSA standard Z-107.6:16 (R2020) , Audiometric testing for use in hearing loss prevention programs or a standard offering equivalent or better protection.
[N.B. Reg. 2024-38, s. 18]
Section 29.3 Records re hearing tests
29.3 An employer shall keep records of
- (a) the hearing test results for each employee, and the results shall
- (i) be kept as long as the employee is employed by the employer,
- (ii) be made available to an officer on request, and
- (iii) be kept confidential and not released to any‐ one other than an officer without the written per‐ mission of the employee, or as otherwise required by law,
- (b) the instruction and training provided by the employer to employees concerning the hazards of excessive exposure to noise and the correct use of control measures and hearing protective equipment, and
- (c) the noise level measurements taken in accordance with section 29.
[N.B. Reg. 2024-38, s. 18]
Section 30 Maximum exposure of employee to noise
- 30. (1) An employer shall ensure that the exposure of an employee to noise is kept as low as is practical and does not exceed the following exposures:
| Sound level | Duration per day |
| dBA | Hours |
| 80 | 24 |
| 82 | 16 |
| 85 | 8 |
| 88 | 4 |
| 91 | 2 |
| 94 | 1 |
| 97 | 1/2 |
| 100 | 1/4 |
- (2) Repealed. [N.B. Reg. 2024-38, s. 20]
- (3) An employer shall ensure that no employee is exposed to continuous, intermittent or impact noise in excess of a peak A-weighted level of 140 dB, using a Type 2 sound level meter that is set to use the A-weighted network with slow meter response.
[N.B. Reg. 2001-33, s. 12; 2024-38, s. 20]
Section 33 Noise level in excess of 85 dBA
33. Where the noise level exceeds 85 dBA in an area, an employer shall ensure that the area is clearly marked by a sign that indicates the range of the noise levels measured and warns of the noise hazard.
Part VII PROTECTIVE EQUIPMENT
Section 48 Hearing Protective Equipment
- 48. (1) An employer shall ensure that hearing protective equipment conforms to CSA standard Z94.2-14 (R2019), Hearing protection devices - Performance, selection, care, and use or a standard offering equivalent protection.
- (2) An employer shall consult with a committee or health and safety representative, if any, or with employees if there is no committee or representative, concerning the selection of the types of hearing protective equipment to be used by employees.
- (3) Where hearing protective equipment is required, an employer and an employee who uses the equipment shall each ensure that the equipment is kept in a sanitary condition.
[N.B. Reg. 2001-33, s. 21; 2020-35, s. 7; 2022-79, s. 12; 2024-38, s. 30]

