Hearing conservation requirement – COHSR – 7.6 (a). Report to Head of Compliance and Enforcement

[Jeffrey Turner]

#102908

We are currently working on Hearing conservation program and we would like to confirm our understanding and respect of the following COHRS (Regulations) requirement:
“7.6 (a) If it is not feasible for an employer, without providing hearing protectors to maintain an employee’s exposure to a sound level that does not exceed the limits referred to in section 7.4 (a noise exposure level (Lex 8 ) that exceeds 87 dBA), the employer shall, without delay make a report in writing to the Head of Compliance and Enforcement setting out the reasons why it is not feasible to do so;”
We have areas where the noise is exceeding 87dBA, but our employees are equipped with hearing protectors and do not exceed the exposure duration specified in Column II, do you believe that the above requirement is still applicable to us’
If yes, is there any example or template of the report we have to submit to the Head of compliance and Enforcement’ Thank you 

[Jeffrey Turner]

#103436

Apologies for keeping you waiting for so long. As a general rule, you’re not allowed to factor the attenuating impact of PPE into the calculation of an employee’s exposure level to a product or hazard for which there’s a specific exposure limit–in this case 87 dBA for noise. As a result, you would have to submit the required report to the Head of Compliance and Enforcement, even though workers in the danger zone are equipped with hearing protection. At least that’s my interpretation of the COHS Regulation.
Regrettably, I was unable to find a template for such a report. But I don’t think it needs to be a complex document. Your basic obligation is to just explain in writing why you can’t keep the noise level below 87dBA and give a copy to the workplace JHSC or health and safety representative, if any. According to government guidelines, “the officer cannot ‘accept’ or ‘reject’ the report but may use it as a basis to decide whether further investigation is required by the Labour Program.” Check out https://www.canada.ca/en/employment-social-development/programs/laws-regulations/labour/interpretations-policies/074.html
Thanks for the question and I hope this answers it. Feel free to follow up with me directly, glennd@bongarde.com

[Jeffrey Turner]

#103437

Thank you very much Glenn for this detailed explanation, it’s so clear.

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