Canada Gazette, Part I, Volume 160, Number 12: Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sound Levels)

March 21, 2026

Statutory authority
Canada Labour Code

Sponsoring departments
Department of Employment and Social Development
Department of Indigenous Services
Department of Natural Resources
Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

There is a growing body of evidence that demonstrates that excessive exposure to noise in the workplace causes negative health outcomes for workers. The current noise provisions in five OHS regulations under the Canada Labour Code (the Code) require updating in order to protect workers from hazardous noise exposure and prevent noise-induced hearing loss.

Background

Canada Labour Code

The Labour Program seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable, and productive workplaces within the federal jurisdiction. This mandate is achieved through the Code and its associated regulations, which define federal labour law and set out the rights and responsibilities of workers and employers in federally regulated workplaces. The Code is divided into four Parts:

• Part I (Industrial Relations), which governs workplace relations and collective bargaining between unions and employers;
• Part II (Occupational Health and Safety), which establishes provisions to prevent workplace-related accidents and injuries, including occupational illnesses;
• Part III (Standard Hours, Wages, Vacations and Holidays), which establishes provisions to protect workers’ rights to fair and equitable conditions of employment; and
• Part IV (Administrative Monetary Penalties), which provides for an administrative monetary penalties (AMPs) system.

Under Part II of the Code, employers have specific duties to protect the health and safety of employees in each workplace that they control and, in respect of every work activity carried out by an employer in a work place that is not controlled by the employer, to the extent that the employer controls the activity. Employers also have the duty to prevent accidents, injuries, and illnesses arising out of, linked with or occurring in the course of employment. To meet this goal, employees and employers are encouraged to work together to develop practices and policies related to occupational health and safety, and to assess and address occupational health and safety issues effectively and in a timely manner. In addition, employers are required to provide employees with the information, education, training, and supervision necessary to ensure their health and safety at work.

Application of the Code

Part II of the Code establishes the legislative framework for occupational health and safety for federally regulated workplaces, which includes air, rail, road and marine transportation, pipelines, banks, telecommunications and broadcasting, postal and courier services, grain elevators and feed and seed mills, uranium mining, Crown corporations, First Nations band councils, Parliament, and the federal public service.

OHS regulations

The OHS regulations under the Code contain specific requirements to carry out the intent of the Code. These regulations have the same legal effect as the Code and other federal laws. For example, OHS regulations under Part II of the Code further define requirements related to topics such as permanent structures, elevating devices, lighting, levels of sound, electrical safety, sanitation, and hazardous substances. Additionally, these OHS regulations also incorporate technical standards by making references to either specific sections in those standards or by making references to the standard in its entirety. A reference within the regulations to one of these standards requires employers to comply with the rules, conditions, and guidelines outlined in those standards.

The requirements outlined in OHS regulations are enforced through a continuum of compliance actions, including the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations). The AMPs Regulations were brought into force on January 1, 2021, to promote compliance with requirements under Part II and Part III of the Code. The AMPs Regulations designate and classify violations of provisions under the Code and its regulations, making those who do not comply subject to an administrative monetary penalty (AMP) in cases of non-compliance. Only designated violations can be subject to an AMP.

Designated occupational health and safety violations are listed under Schedule I of the AMPs Regulations. When changes are made to Part II of the Code and its associated regulations, Schedule I of the AMPs Regulations may also be amended to reflect any changes. Part II violations designated under Schedule I include

• contraventions of specified provisions of Part II of the Code and associated regulations; and
• contraventions of specified directions and orders.

The AMPs Regulations specify the method used to determine the amount of a penalty in each situation in which a notice of violation is issued. The baseline penalty amount applicable to a violation varies depending on whether an employer or employee is believed to have committed a violation, and the classification of the violation. For violations under Part II of the Code, each designated violation is classified as either Type A, B, C, D or E in order of increasing severity, according to the level of risk and/or the impact and significance of the violation, as outlined in Table 1.

Table 1: Classification method for violations under Part II of the Code

Type	Description
A	Violation related to administrative provisions.
B	Violation related to low-risk hazards that may result in a minor injury or an illness that requires medical treatment, but that do not result in disabling injuries.
C	Violation related to medium-risk hazards that may result in a serious injury or an illness that prevents an employee from effectively performing their regular work duties.
D	Violation related to high-risk hazards that may result in serious injury or fatality.
E	Violation involving immediate life-threatening hazards or hazards known to cause latent occupational disease. These hazards give the employee little to no opportunity to avoid or minimize severe injury or death or occupational disease.

Technical standards in OHS regulations

Technical standards are documents that establish uniform engineering or technical criteria, methods, processes, and practices. Technical standards are developed for a variety of sectors, including construction and infrastructure, fire protection and occupational health and safety. Incorporating technical standards by reference in OHS regulations under the Code also allows the federal regulations to remain consistent with those of the provinces and territories and the international community. The Labour Program has qualified individuals who participate on technical committees for standard development organizations for the standards that are referenced in the OHS regulations. This allows the Labour Program to contribute to the development and maintenance of these standards.

Development of technical standards

In Canada, many technical standards are developed through an organization called the CSA Group. The CSA Group is composed of the following two organizations:

• Standards, a not-for-profit standards development organization; and
• Testing, Inspection and Certification, an organization that provides global testing, inspection, and certification.

Both organizations have technical committees that develop and update standards through a consensus-based process. The membership of a CSA Group technical committee consists of the following four categories:

• General Interest, which includes representatives from an academic and scientific background;
• Producer Interest, which includes representatives involved with manufacturing, retailing or distribution;
• Regulatory Authority, which includes representatives from regulators at any level of government; and
• User Interest, which includes representatives of consumer interests.

Representatives of the Labour Program participate in the technical committees as members of the Regulatory Authority group. The standards developed by the technical committees are subject to review within five years from the date of publication.

The Standards Council of Canada (SCC) is a separate entity from the CSA Group, and was created by the Government of Canada as a Crown corporation in 1970 with a mandate to promote standardization in Canada. The SCC oversees Canada’s standardization system and is responsible for accreditation of standards-development organizations and approval of standards submitted as National Standards of Canada. Canadian and international standards that are incorporated by reference in the OHS regulations are reviewed by the SCC approximately every five years. The review process either confirms that the content of the standards is current, and thus the standard is reaffirmed, or prompts the need for a revision to be released.

Regulating noise under OHS regulations

Currently, there are five OHS regulations under the Code that contain provisions pertaining to occupational noise:

• Canada Occupational Health and Safety Regulations (COHSR);
• On Board Trains Occupational Health and Safety Regulations (OTOHSR).
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR);
• Maritime Occupational Health and Safety Regulations (MOHSR); and,
• Aviation Occupational Health and Safety Regulations (AOHSR).

These OHS regulations contain provisions setting out requirements related to noise exposure limits, measurement and calculation of noise exposure, hazard investigations, and hearing protection. The requirements are not uniform across the five OHS regulations.

The OHS regulations also incorporate many references to technical standards related to sound level meters, hearing protectors, and procedures for measurement of noise exposure. These references are currently “static,” meaning that they refer to a specific dated version of a standard. Consequently, the technical standards that are currently referenced in the five OHS regulations are out of date or obsolete. Changing the references to the technical standards so that they are “ambulatory,” meaning that future changes to the technical standards (or specific sections in the technical standards) are automatically incorporated into the regulations without the need to amend the regulatory text, ensuring that the content and references in the OHS regulations remain up to date. The Labour Program will monitor the technical standards to ensure that the content of the standards remains consistent with regulatory objectives and stays within the scope of the enabling authority.

Evidence for health-related noise concerns

Exposure to hazardous levels of noise can lead to several negative health outcomes, including

• tinnitus;
• fatigue;
• significant noise-induced hearing loss (up to and including deafness);
• cardiovascular effects (e.g. changes in heart rate, increasing blood pressure, and other systemic effects);^{footnote 1}
• increased stress;
• sleep problems;
• interference with speech communication; and
• problems with fetal development.^{footnote 2}

Additionally, hearing loss can be associated with cognitive decline and could impact individuals’ mental health, resulting in anxiety, depression, and feelings of sadness and isolation.^{footnote 3} Hearing loss can also lead to other health and safety concerns at work, as those affected are more likely to get injured on the job due to missing critical sounds, such as the sound of a smoke detector, a warning beep from a reversing forklift, or the engine of an oncoming car.^{footnote 3}

Individual elements

Measurement units and exchange rate

Sound pressure, which is perceived as “loudness,” is measured in the five OHS regulations using a measurement unit called “decibels A-weighted (dBA).” This measurement unit is used for the purpose of measuring the sound level in the workplace at any given point in time and also for determining the average sound level that an employee is exposed to throughout their work day. It is important to calculate an employee’s average sound level exposure because the sound levels in a workplace can fluctuate throughout the day and an employee’s exposure to various sound levels can also change based on the tasks they are performing and the location they are in.^{footnote 4} The term “noise exposure level (L_ex,8)” is used in the OHS regulations to indicate the average sound level that an employee is exposed to in the workplace over an eight-hour period. Therefore, whenever the term “(L_ex,8)” follows a sound level measurement in the OHS regulations, it indicates that the measurement is an average (for an eight-hour period) and not a measurement that was taken at one point in time. For example, “85 dBA” is the sound level at one point in time, whereas “85 dBA (L_ex,8)” is the average sound level over an eight-hour period.

Each of the five OHS regulations contains a schedule that outlines the maximum noise exposure level that an employee can be exposed to for a given period. As the noise exposure level increases, the amount of time during which an employee can be exposed to that noise level decreases to reduce the potential for hearing damage.

Occupational noise exposure limits

The COHSR, OTOHSR, and AOHSR currently set the maximum noise exposure level in a workplace at 87 dBA (L_ex,8), meaning an employee should not be exposed to a daily average sound level of 87 dBA or more over an eight-hour work shift. This daily noise exposure limit is not aligned with the limit established in the OGOSHR and MOHSR, nor with that of any of the 13 provinces and territories where the current noise exposure limit is set at 85 dBA (L_ex,8). Additionally, this noise exposure limit is higher than the noise exposure limit of 85 dBA (L_ex,8), recommended by both the CSA Group^{footnote 5} and the United States Centers for Disease Control and Prevention.^{footnote 6}

In the MOHSR, there are additional provisions related to the maximum allowable noise exposure level in crew accommodation spaces, defined as living, eating, recreational or sleeping quarters. The noise exposure limit for these spaces is currently set to 75 dBA (L_ex,8). These noise exposure limits do not align with the best practices in the marine industry and do not align with the International Maritime Organization’s Code on Noise Levels on Board Ships ^{footnote 7} (the IMO Code), which Canada ratified in 2014. For example, the IMO Code currently requires that a noise exposure limit of 60 dBA (L_ex,8) in sleeping quarters, 65 dBA (L_ex,8) in eating quarters, and 65 dBA (L_ex,8) in closed recreation quarters be followed in vessels. The OGOSHR also have provisions related to noise exposure levels in sleeping quarters, currently set at 75 dBA (L_ex,8).

Measurement and calculation of noise exposure

The COHSR, OTOHSR, and AOHSR contain provisions related to the procedures to follow and the noise testing instruments to use when an employer is conducting measurements and calculations of an employee’s noise exposure level in a workplace. Currently, the procedures for measuring noise exposure in these three OHS regulations are not fully aligned with the latest edition of CSA Standard Z107.56-18 (R2022), Measurement of noise exposure, hereinafter referred to as CSA Standard Z107.56-18. For example, the current OHS regulations require the employer to take into account noise levels of 74 dBA and greater when measuring and calculating an employee’s noise exposure level; however, CSA Standard Z107.56-18 requires the employer to take into account noise levels of 75 dBA and greater^{footnote 8} when measuring and calculating an employee’s noise exposure level. Therefore, the threshold level to be taken into consideration in the current OHS regulations is misaligned by 1 dBA.

Hazard investigation

The COHSR, OTOHSR, and AOHSR require an employer to appoint a qualified person to carry out a hazard investigation if an employee is likely to be exposed to noise that reaches hazardous levels for a duration that is likely to endanger the employee’s hearing. Currently, the trigger for a hazard investigation is set at 84 dBA, 3 dBA below the current maximum limit of 87 dBA (L_ex,8). This means that according to the COHSR, OTOHSR, and AOHSR, 84 dBA (L_ex,8) is considered a hazardous level of noise that warrants an investigation. The MOHSR contain a similar requirement but set the trigger for a hazard investigation at 85 dBA (L_ex,8), whereas the OGOSHR do not have any provisions related to a hazard investigation.

Although the five OHS regulations do not contain an explicit requirement for an employer to conduct daily noise measurements in the workplace, the requirement for a hazard investigation to be conducted when certain noise levels are reached creates an implicit requirement for employers to monitor noise exposure in the workplace as needed. Identifying that exposure levels may be reaching the level where a hazard investigation must be conducted can be as simple as noticing that it is hard to converse without using a raised voice in a work area or during a particular process.^{footnote 9} However, the employer can also suspect that noise exposure levels have become hazardously loud and that a hazard investigation is required by the following common indicators in a workplace:

• speech is not easily understood at a normal distance;^{footnote 10}
• people must raise their voice or shout to be heard by someone that is 1 m (3 ft.) away;^{footnote 11}
• noise complaints are made;^{footnote 10}
• people hear a ringing or humming noise when they leave work;^{footnote 12}
• people experience sounds as dull or flat after leaving a noisy area;^{footnote 13}
• noises in the workplace are louder than busy city traffic;^{footnote 14} and
• at the end of a work shift, people have to increase the volume of their radio, television, or phone to a level that was louder than before the work shift or to a level that is too loud for others.^{footnote 14}

To assess whether there is suspected hazardous noise in the workplace and whether a hazard investigation should occur, the employer, employees, policy and workplace committee members, and health and safety representatives should also rely on the sound levels in manufacturer specifications for machinery and on industry knowledge about sound levels related to certain processes and tasks.

Alternatively, as a solution to the issue of detecting hazardous noise levels proactively, it is recommended at clause 5.1 of CSA Standard Z1007:22, Hearing loss prevention program (HLPP) management, hereinafter referred to as CSA Standard Z1007:22, that employers conduct regular noise measurements in the workplace at a predetermined frequency to detect whether the noise is reaching hazardous levels as part of the “noise hazard detection” component of the employers’ hearing loss prevention program.^{footnote 10} This hazard detection component of the hearing loss prevention program would be a useful tool for the employer to determine

• the severity of the noise hazard in the workplace (how far above the noise exposure limit the noise exposure level reaches in a workplace);
• the source of the noise hazard so that it can be eliminated or reduced; and
• the appropriate hearing protection devices — where the noise hazard cannot be eliminated or reduced — to provide to employees based on the severity of the noise hazard.

Report to Head of Compliance and Enforcement

The COHSR, OTOHSR, and AOHSR currently require employers to submit a one-time report to the Head of Compliance and Enforcement (HOCE) if it is not feasible for the employer to maintain an employee’s noise exposure within the prescribed limits without providing hearing protectors. This report must set out the reasons why it is not feasible for the employer to comply with the prescribed limits. Additionally, the employer is required to provide a copy of this report to the workplace committee or the health and safety representative. The OGOHSR contain a requirement for the employer to make a one-time report to the HOCE if it is not feasible for the employer to maintain an employee’s noise exposure within the prescribed limits without providing hearing protectors. However, the employer is not required to provide a copy of this report to the workplace committee or the health and safety representative. The MOHSR do not contain this requirement.

Annual audiometric testing

Hearing loss related to excessive occupational noise exposure is usually gradual and frequently goes unnoticed or is ignored until the effects become more obvious.^{footnote 15} However, it can also be immediate, such as when an individual is exposed to a sudden burst of loud sound. Hearing loss from occupational exposure could be prevented or slowed by preventive actions such as regular audiometric testing, the development and implementation of a hearing loss prevention program, and assurance that employees are using appropriate hearing protection devices. The five OHS regulations currently require employers to provide hearing protectors to employees when they are exposed to noise that exceeds the noise exposure limit of 87 dBA (L_ex,8). In practice, employers may also proactively provide hearing protectors to employees in situations where they suspect the noise in the workplace is likely to be close to the prescribed limit as a precautionary measure. However, none of the five OHS regulations currently require the employer to conduct annual audiometric testing or develop and implement a hearing loss prevention program when noise exceeds the limit. Therefore, there are no mechanisms for employers to adequately monitor whether their employees are suffering from noise-induced hearing loss. Further, the five OHS regulations do not align with the OHS regulations in 9 of the 13 provinces and territories, which now require an employer to provide employees with annual or biennial audiometric testing.

Hearing loss prevention program

While 6 of the 13 provinces and territories in Canada now require an employer to develop and implement a hearing conservation program or plan for the purpose of preventing noise-induced hearing loss in employees, none of the federal OHS regulations currently require the employer to implement and maintain a hearing loss prevention program if the employer cannot comply with the maximum noise exposure level.

Objective

The objective of the proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sound Levels) [the proposed Regulations] is to protect the health and safety of employees in federally regulated workplaces by

• reducing the risk of hearing impairment;
• clarifying regulatory language; and
• requiring compliance with the most up-to-date technical standards in workplaces.

Description

The proposed Regulations would repeal and replace the noise provisions in the following OHS regulations made under the Code:

• Part VII of the COHSR;
• Part IV of the OTOHSR.
• Part VIII of the OGOSHR;
• Part 12 of the MOHSR; and
• Part 2 of the AOHSR.

The proposed provisions would retain some of the existing requirements from the COHSR, OTOHSR, and AOHSR, add some new requirements, remove some requirements, and make changes to language and referenced technical standards, as outlined below. The noise provisions in the OGOHSR and MOHSR would be changed the most, as they are the most outdated and currently do not align with the requirements that are set out in the COHSR, OTOHSR, and AOHSR. Additionally, the proposed Regulations would amend the AMPs Regulations by assigning a violation type (A–D) to the new requirements that are being proposed.

Requirements that have not changed

Below is a description of the requirements that have stayed the same, with the exception of small updates to the language in the English and French for grammatical purposes or for harmonization of the language (e.g. changing the word “sound” to “noise” in the English provisions, which did not require changes to the French provisions, as the word “bruit” is still appropriate).

For the COHSR, OTOHSR, MOHSR, and AOHSR, the following definitions and requirements have stayed the same:

• the definition of “dBA”
• the definition of “sound pressure level”
• the requirement for the employer to appoint a qualified person who will conduct a hazard investigation into the degree of an employee’s exposure to noise in the workplace
• the requirement for the employer to notify the workplace committee or the health and safety representative of the hazard investigation that is being conducted and of the name of the person appointed to carry out the investigation
• the requirement for the qualified person to consider the following during the hazard investigation:
  • the sources of sound in the workplace
  • the sound levels and duration of exposure to which an employee is likely to be exposed
  • the methods being used by the employer to reduce exposure; and
  • the probability that the exposure of the employee is likely to exceed the prescribed limits
• the requirement for the qualified person to produce, sign and date a report that outlines their observations concerning what they investigated and their recommendations related to the measures that the employer should take to comply with the prescribed noise exposure limit
• the requirement for the employer to keep a copy of the hazard report for a period of 10 years
• if the hazard report states that employees are likely to be exposed to hazardous noise, the requirement for the employer to provide employees with written information describing the hazards associated with exposure to high levels of sound

For the COHSR, OTOHSR, and AOHSR, the following requirement has stayed the same:

• the requirement for the employer to use engineering controls or other physical means other than hearing protectors to reduce an employee’s noise exposure so that it does not exceed the prescribed limits.

For the COHSR and OTOHSR, the following requirement has stayed the same:

• the requirement for the employer to ensure that every person to whom the employer grants access to the workplace, who is likely to be exposed to noise that exceeds the prescribed limits, uses a hearing protector that meets the prescribed standard.

Proposed changes to all five OHS regulations

Changes to language

To ensure consistency across the five OHS regulations, the word “sound” has been changed to the word “noise” throughout all five OHS regulations in English.

Definitions

The “Definitions” section in English would replace the “Interpretation” section in all five OHS regulations. The following definitions would be changed for the COHSR, OTOHSR, MOHSR, and AOHSR:

• The definition of “A-weighted sound pressure level” would now include the phrase “expressed in dBA,” and the references to the technical standard would be removed from the definition.
• The definition of “noise exposure level (L_ex,8)” would remove the mathematical formula used to calculate the noise exposure level and would replace it with information needed by the reader to understand the meaning and use of the term.
• The definition of “sound level meter” would be removed and replaced with the more general term “instrument” to be used throughout the proposed Regulations to cover all types of noise measurement instruments, including dosimeters and integrating sound level meters.

The following definitions would be changed in the OGOHSR:

• The definition of the term “sound level meter” would be removed.
• Definitions would be added for the following terms that are currently not defined in the OGOHSR: “A-weighted sound pressure level,” “dBA,” “noise exposure level (L_ex,8),” and “sound pressure level.”^{footnote 16}

Hearing protection

CSA Standard Z94.2-14 (R2024), Hearing protection devices — Performance, selection, care, and use, would replace the following outdated standards in the five OHS regulations:

• CSA Standard Z94.2-M1984, Hearing Protectors (used in COHSR and OGOHSR)
• CSA Standard CAN/CSA-Z94.2-02 (R2007), Hearing Protection Devices – Performance, Selection, Care and Use (used in the OTOHSR, MOHSR, and AOHSR)

The reference would be made ambulatory.

Hearing loss prevention program

Employers would be required to develop, implement, and maintain a hearing loss prevention program if it is not feasible for the employer to comply with the new noise exposure limits set out in the schedule to the proposed Regulations. This program must be developed in consultation with the policy committee (or if there is no policy committee, the workplace committee or the health and safety representative).

Employers would be required to conduct an evaluation of this program at least once every year.

The program would need to contain the following mandatory elements:^{footnote 17}

• noise hazard detection;
• noise exposure control;
• provision of hearing protection devices;
• audiometric testing;
• hazard communication; and
• program performance monitoring.

Audiometric testing

Employers would be required to provide employees with an audiometric test when the noise in the workplace exceeds the new limit of 85 dBA (L_ex,8).

• The audiometric test must be administered by a qualified person.
• The time limit for providing this audiometric test is 6 months from when the employee starts being exposed to the hazardous noise that exceeds the new limit.
• The audiometric testing could be reduced to every 24 months rather than every 12 months if an employee is exposed to a noise exposure level that is equal to or less than 105 dBA (L_ex,8) and if, after four consecutive annual tests, it is documented that there is
  • (a) no change to the employee’s hearing identified during testing;
  • (b) no change to the type of hearing protector used by the employee nor to its use; and,
  • (c) no increase in the noise exposure level to which the employee is exposed.
• This section would also incorporate by reference clause 8.3 in CSA Standard Z1007:22 and would require the employer to ensure that the audiometric test is conducted by an audiometric technician who can demonstrate credentials or licensing.

Additionally, as set out in clause 8.3 of the CSA Standard, the method for audiometric testing would include

• Verifying that testing equipment is maintained and calibrated;
• Documenting any situation that could compromise the validity of test results;
• Obtaining air-conducted hearing thresholds for each employee’s ear;
• Ensuring that audiometric test results are filed securely and kept confidential (for the information of the employee tested and the permitted use of the employer); and,
• Referring the employee for medical follow-up if audiometric test results indicate that it is necessary and including the referral in their records.

Review of audiometric test results

Employers would be required to review the analysis of the audiometric test results and the individual employee test results in consultation with the policy committee (or if there is no policy committee, the workplace committee or the health and safety representative).

Employers would also be required to provide the affected employee(s) with their individual test results and follow the requirements outlined in clause 8.4 of CSA Standard Z1007:22 if they notice a hearing threshold shift. The requirements in clause 8.4 include

• Ensuring that the affected employees follow up with a health care professional to receive an audiogram;
• Reviewing the job of the affected employees to identify any changes that contribute to an increase in exposure to noise and, if necessary, retesting the noise exposure;
• Determining whether any engineering or administrative controls can reduce the levels or duration of noise to which the employees are exposed; and,
• Verifying that adequate hearing protectors have been selected for employees, that the hearing protectors are not damaged, and that employees wear their hearing protectors consistently while working in the hazardous noise.

Record keeping

• Employers would be required to keep records of their employees’ audiometric test results for a period of 20 years after they cease employment.
• Employers would also be required to keep records of each evaluation of the hearing loss prevention program for a period of 10 years after the completion of the evaluation.

Additional proposed changes to the COHSR, OTOHSR, and AOHSR

Measurement and calculation of exposure

• The CSA Standard Z107.56-18 (R2022) Measurement of noise exposure would replace CSA Standard CAN/CSA-Z107.56-13, Measurement of Noise Exposure, and the references to this standard would be made ambulatory.
• The requirement to set the threshold level in a noise measurement instrument to 75 dBA or more would be changed to 74 dBA or more.

Noise exposure limits

• The “Noise Exposure Limits” section would replace the “Limits of Exposure” section and would lower the daily noise exposure limit from 87 dBA (L_ex,8) to 85 dBA (L_ex,8) for an eight-hour work shift.
• The updated schedule of noise exposure limits would align with the lower noise exposure limit of 85 dBA (L_ex,8) for an eight-hour work shift.
• The updated schedule would also set out the maximum allowable duration for sound exposure in hours and minutes rather than only hours with decimal numerals representing minutes.

Hearing protection

For the COHSR, OTOHSR, and AOHSR, the requirement for the employer to develop and implement a training program on the fit, care, and use of hearing protectors would now be done in consultation with the policy committee rather than the workplace committee or the health and safety representative.

For the AOHSR, to align with the current requirements in the COHSR and OTOHSR, the “Hearing Protection” section would also contain a requirement for the employer to ensure that every person to whom the employer grants access to the workplace uses a hearing protector that meets the requirements of the referenced CSA Standard Z94.2-14 (R2024).

Warning signs

For the COHSR, OTOHSR, and AOHSR, the employer would be required to post signs warning of potentially hazardous levels of noise if the A-weighted sound pressure level in the workplace exceeds 85 dBA, rather than the current 87 dBA.

For the COHSR and OTOHSR, the warning signs section would no longer prescribe how to measure the noise level in the workplace using a sound level meter.

For the AOHSR, employers would now be required to post the warning signs in a conspicuous location in the workplace.

Hazard investigation

• The trigger for a hazard investigation would be reduced from 84 dBA (L_ex,8) to 82 dBA (L_ex,8).
• Like in the warning signs section, the language specifying how to measure the noise level in the workplace using a sound level meter would be removed.
• Employers would be required to notify employees of the results of the hazard investigation, rather than posting a copy of the hazard report in a conspicuous place in the workplace.

Report to head of compliance and enforcement

The current “Report to Head of Compliance and Enforcement” section would be repealed.

Additional proposed changes to the MOHSR

Sound level measurement

• Like in the COHSR, OTOHSR, and AOHSR, employers would be required to follow CSA Standard Z107.56-18 (R2022), Measurement of noise exposure, for sound level measurement. There is currently no prescribed standard for measuring noise exposure in the MOHSR.
• Employers would now be required to set the threshold level in a noise measurement instrument to 75 dBA or more when measuring noise exposure.
• Employers would no longer be required to measure the levels of sound in the workplace using the slow exponential-time-averaging characteristic and the A-weighting characteristic of a sound level meter.

Noise exposure limits

The noise provisions at subsections 161(1) to 161(5) would be replaced by a new section titled “Noise Exposure Limits.” New noise exposure limits would be added for crew accommodations for the following passenger and cargo vessels referred to in subsection 4(1) of the Vessel Construction and Equipment Regulations (VCER) that weigh 1 600 gross tonnage and above:

• Passenger vessels that are Safety Convention vessels (meaning a vessel to which the International Convention for the Safety of Life at Sea applies);
• Passenger vessels that are not Safety Convention vessels and that are 24 m or more in length; and,
• Cargo vessels that are 24 m or more in length.

On these vessels referred to at subsection 4(1) of the VCER that weigh 1 600 gross tonnage or more, the employer would be required to ensure that an employee is not exposed to a continuous level of sound in crew accommodation spaces that exceeds the following limits set out in paragraph 4.2.3 of the International Maritime Organization Resolution MSC.337(91), Code on Noise Levels on Board Ships:

• 60 dBA (L_ex,8) in cabins (sleeping quarters) and hospitals;
• 65 dBA (L_ex,8) in messrooms (dining quarters);
• 65 dBA (L_ex,8) in recreation rooms;
• 75 dBA (L_ex,8) in open recreation areas (external recreation areas); and,
• 65 dBA (L_ex,8) in offices.

The grandfathered vessels referred to in section 8 of the VCER and all other vessels would be required to abide by the current noise exposure limit of 75 dBA in all crew accommodations.^{footnote 18}

Although the noise exposure limit for an eight-hour work shift will remain at 85 dBA, the schedule of noise exposure limits would be replaced with a new schedule to align with the format and contents of the schedules being added to the COHSR, OTOHSR, and AOHSR.

Reduction of noise exposure

This section does not currently exist in the MOHSR and will be added to align with the COHSR, OTOHSR, and AOHSR. The employer would now be explicitly required to follow the hierarchy of controls for reducing an employee’s exposure to hazardous noise in the workplace by first employing engineering controls or other physical means before resorting to the provision of hearing protectors.

Hearing protection

The hearing protection requirements currently set out at subsection 161(4) and paragraph 162(1)(c) in the MOHSR would be replaced by a new section titled “Hearing Protection.” The following changes would be made to the hearing protection requirements to better align with the requirements in the COHSR, OTOHSR, and AOHSR:

• The explicit requirement at subsection 161(4) to provide hearing protectors to employees when the level of impulse sound in a workplace exceeds 140 dBA would be removed. Instead, the employer would be required to provide employees with hearing protection as soon as the exposure to noise exceeds 115 dBA.
• A new requirement would be introduced for the employer, in consultation with the policy committee, to develop and implement a program to train every employee who is provided a hearing protector in the fit, care and use of the hearing protector.
• A new requirement would be introduced for the employer to ensure that every person to whom the employer grants access to the workplace uses a hearing protector that meets the requirements in CSA Standard Z94.2-14 (R2024) if the person is likely to be exposed to noise levels that exceed the new noise exposure limits.

Warning signs

• Employers would now be required to post the warning signs in a conspicuous location in the workplace.
• The warning sign would now have to be posted if the noise exposure level is greater than 85 dBA (L_ex,8) rather than when it is equal to or greater than 85 dBA (L_ex,8).
• The warning sign would no longer be required to outline the maximum permissible number of hours of noise exposure or the requirement to wear hearing protection.

Hazard investigation

The following changes to the “Hazard Investigation” section would be made to better align with the requirements in the COHSR, OTOHSR, and AOHSR:

• The trigger for a hazard investigation would be reduced from the current 85 dBA (L_ex,8) to 82 dBA (L_ex,8).
• The hearing protection requirements at paragraph 162(1)(c) would be removed so that they can appear in their own separate section.
• The requirement that prescribes how to measure the noise level in the workplace using a sound level meter would be removed.
• Employers would be required to notify employees of the results of the hazard investigation, rather than posting a copy of the hazard report in a conspicuous place in the workplace.

Proposed changes to the OGOSHR

Sound level measurement

The following changes to the “Sound Level Measurement” section were made to better align with the requirements in the COHSR, OTOHSR, and AOHSR:

• The “Sound Level Measurement” section would now be titled “Measurement and Calculation of Exposure.”
• The employer would now be required to follow CSA Standard Z107.56-18 (R2022), Measurement of noise exposure.
• The employer would now be required to set the threshold level in a noise measurement instrument to 75 dBA or more when conducting measurements of an employee’s noise exposure level in the workplace, as there is currently no prescribed threshold level in the OGOHSR.
• The requirement that prescribes how to measure the noise levels and the impulse sound in the workplace using a sound level meter would be removed.

Levels of sound

• The “Levels of Sound” section would now be titled “Noise Exposure Limits.”
• The maximum noise exposure level in sleeping quarters would be reduced from the current 75 dBA (L_ex,8) to 60 dBA (L_ex,8).
• Although the noise exposure limit for an eight-hour work shift will remain at 85 dBA, the schedule of noise exposure limits would be replaced with a new schedule to align with the format and contents of the schedules being added to the COHSR, OTOHSR, MOHSR, and AOHSR.

Reduction of noise exposure

A new section would be added to the OGOHSR to align with the COHSR, OTOHSR, and AOHSR. The employer would now be explicitly required to follow the hierarchy of controls for reducing an employee’s exposure to hazardous noise in the workplace by first employing engineering controls or other physical means before resorting to the provision of hearing protectors.

Hearing protection

The hearing protection requirements currently set out in paragraph 8.2(3)(b) and in section 8.4 in the OGOSHR would be replaced by a new section titled “Hearing Protection.” The following changes to the hearing protection requirements would be made to better align with the requirements in the COHSR, OTOHSR, and AOHSR:

• The explicit requirement in section 8.4 to provide hearing protectors to employees when the level of impulse sound in a workplace exceeds 140 dBA would be removed. Instead, the employer would be required to provide employees with hearing protection as soon as the exposure to noise exceeds 115 dBA.
• A new requirement would be introduced for the employer, in consultation with the policy committee, to develop and implement a program to train every employee who is provided a hearing protector in the fit, care and use of the hearing protector.
• A new requirement would be introduced for the employer to ensure that every person to whom the employer grants access to the workplace uses a hearing protector that meets the requirements in CSA Standard Z94.2-14 (R2024) if the person is likely to be exposed to noise levels that exceed the new noise exposure limits.

Warning signs

• Employers would now be required to post the warning signs in a conspicuous location in the workplace.
• The warning sign would now have to be posted if the noise exposure level is greater than 85 dBA (L_ex,8) rather than when it is equal to or greater than 85 dBA (L_ex,8), and the requirement to post warning signs when the peak level of impulse sound exceeds 140 dBA in the workplace would be removed.
• The employer would no longer be required to outline in the warning signs the maximum permissible number of hours of noise exposure or the requirement to wear hearing protection.

Report to Head of Compliance and Enforcement

The requirement at paragraph 8.2(3)(a) for the employer to submit a report in writing to the HOCE if it is not feasible for the employer to abide by the prescribed noise exposure limits would be removed.

Hazard investigation

This section does not currently exist in the OGOHSR and would be added to better align with the COHSR, OTOHSR, MOHSR, and AOHSR.

The employer would be required to appoint a qualified person to carry out a hazard investigation if any employee in the workplace is likely to be exposed to a noise exposure level of 82 dBA (L_ex,8) or more.^{footnote 19}

The employer would also be required to notify the workplace committee or the health and safety representative of the hazard investigation and the person who has been appointed to carry out the investigation.

The employer would also be required to ensure that the person appointed to carry out the hazard investigation provides a report that outlines

• their observations regarding the sources of noise in the workplace, the noise exposure levels to which employees are likely to be exposed, the methods being used to reduce noise exposure, the likelihood of employee exposure to noise that exceeds the prescribed limits, and the likelihood of exposure to noise that exceeds 82 dBA (L_ex,8);
• their recommendations concerning measures that should be taken to comply with the noise provisions under Part VII of the OGOSHR (such as the prescribed noise exposure limits and the hearing protection requirements); and
• their recommendations concerning the employer’s selection of hearing protectors and their use by employees who are exposed to noise that exceeds 82 dBA (L_ex,8).

The report must be kept for a period of 10 years and be made available to employees if they request to see it. If the report states that an employee is likely to be exposed to noise that is equal to or exceeds 82 dBA (L_ex,8) then the employer is required to

• notify the employees of the results of the investigation; and
• provide employees with written information describing the hazards associated with exposure to high levels of noise.

Proposed changes to the AMPs Regulations

Schedule 1 of the AMPs Regulations would be amended to include violation types for employers who do not comply with the new requirements that are being introduced.

In all five OHS regulations, the following would be designated as an A violation:

• not keeping a record of each employee’s audiometric test results for a period of 20 years after the day of their termination; and
• not keeping a record of each evaluation of the hearing loss prevention program for a period of 10 years after the completion of the evaluation.

In all five OHS regulations, the following would be designated as a C violation:

• not providing employees with audiometric tests administered by a qualified person when required;
• not reviewing the employee’s audiometric test results with the policy committee;
• not providing employees with their audiometric test results;
• not implementing the required measures listed in clause 8.4 of CSA Standard Z1007:22 if the individual audiometric test results indicate a hearing threshold shift among the employees;
• not developing, implementing and maintaining a hearing loss prevention program when required; and
• not evaluating the hearing loss prevention program at least once every 12 months.

In the MOHSR and OGOHSR,

• not developing and implementing a program to train every employee who is provided with a hearing protector in the fit, care and use of the hearing protector would be designated as a C violation; and
• not ensuring that every person to whom the employer grants access to the workplace uses a hearing protector that meets the requirements of CSA Standard Z94.2-14 (R2024) would be designated as a D violation.

In the MOHSR, the following would be designated as a D violation:

• not abiding by the noise exposure limits set out in paragraph 4.2.3 of the International Maritime Organization Resolution MSC.337(91), Code on Noise Levels on Board Ships for vessels that fall under subsection 4(1) of the VCER; and
• not abiding by the 75 dBA (L_ex,8) noise exposure limit for grandfathered vessels that fall under section 8 of the VCER.

In the OGOSHR, not abiding by the 60 dBA (L_ex,8) noise exposure limit in sleeping quarters would be designated as a D violation.

Regulatory development

Consultation

The Occupational Health and Safety Advisory Committee (“OHSAC”) is a group composed of representatives from employer and employee associations, corporations, academia, and departments working in federally regulated industries. The main purpose of the OHSAC is to provide the Labour Program with strategic advice and expertise on any matter concerning the improvement of the occupational health and safety of workers and workplaces under the federal jurisdiction. This includes proposing input on changes or additions to regulations.

Between 2019 and 2020, the members of the OHSAC were used to establish a working group with the Labour Program to develop proposed regulatory changes to Part VII (Levels of Sound) of the COHSR.

The following organizations from the OHSAC participated in the working group:

• British Columbia Maritime Employers Association
• Canada Post
• Canadian Labour Congress
• Canadian Trucking Alliance
• Canadian Union of Postal Workers
• Federally Regulated Employers - Transportation and Communications
• International Longshore and Warehouse Union
• Public Service Alliance of Canada
• Unifor
• Treasury Board Secretariat

The working group reached consensus on the proposed changes to Part VII of the COHSR. In September 2020, OHSAC members representing employees requested that the regulatory changes agreed upon for the COHSR also be applied to the other four OHS regulations (OTOHSR, OGOSHR, MOHSR, and AOHSR) to achieve harmonization of requirements across all five OHS regulations. In 2022, the Labour Program agreed to apply the regulatory changes to the four OHS regulations to ensure consistency.

In February 2023, a questionnaire regarding the proposed Regulations was distributed to representatives from the OHSAC, and then by email in March 2023 to a list of stakeholders in the marine industry provided by Transport Canada (TC) and to a list of stakeholders in the oil and gas industry provided by National Resources Canada (NRCan) and the Canada Energy Regulator (CER). The questionnaire focused on the impact that the change in the noise exposure limits would have on the operations of marine and oil and gas employers in the federal jurisdiction. A total of 255 questionnaires were sent out to stakeholders, with 21 returned to the Labour Program. The Labour Program received the following feedback:

• 42.8% of respondents indicated that lowering the noise exposure limits in the MOHSR for crew accommodation spaces will impact their organization, while 23.8% of respondents indicated that there would be no impact, and 33.3% of respondents selected “not applicable.”
• Respondents commented that the changes to the noise exposure limits in the MOHSR will require additional training for workers and members of the workplace health and safety committee, older vessels should be grandfathered, and consideration needs to be given to small vessels like coastal tugs, where the crew accommodation space is adjacent to the engine rooms.
• With respect to the amount of time it would take to implement the proposed changes to the noise exposure limits in crew accommodations in the MOHSR, respondents provided a range of answers, including
  • more than a year depending on the next vessel major refit schedule;
  • 5 years to 10 years; and
  • unachievable for small vessels and tugs, as the IMO Code on Noise covers large ships, not small coastal vessels.
• 4.8% of respondents indicated that lowering the noise exposure limit in the OGOSHR for sleeping quarters will impact their organization, while 47.6% of respondents indicated that there would be no impact, and 47.8% of respondents selected “not applicable.”
• With respect to the amount of time it would take to implement the proposed change to the noise exposure limit in sleeping quarters in the OGOSHR, respondents commented that it would take approximately one year.

The responses were used to further refine the proposed Regulations in relation to noise exposure limits in crew accommodations and to gauge how long it would take employers to implement the proposed changes regarding noise exposure limits.

In addition, a questionnaire on the proposed Regulations was also distributed in January 2024 to the Air Transport Association of Canada (“ATAC”). ATAC is an association that represents the interests of commercial aviation in Canada, including the interests of scheduled and chartered airlines, regional air carriers, air taxi operators, helicopter operations and flight training schools. The questionnaire focused on the impact that the change in the noise exposure limits would have on the operations of aviation employers in the federal jurisdiction. While ATAC did not fill out the questionnaire, when contacted directly, they advised they had no comments on the proposed changes to the noise exposure limits on board aircraft.

Indigenous engagement, consultation and modern treaty obligations

An assessment of modern treaty implications conducted in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation concluded that the proposed Regulations would not disproportionally impact modern treaty holders. In their role as employers, First Nation band councils would need to ensure that their workplaces comply with the proposed Regulations. A combined engagement paper on this regulatory initiative and four other initiatives under Part II and III of the Code was distributed to Indigenous groups in August 2022. Two responses were received, both of which were in support of this regulatory initiative. One respondent asked for stricter measures on environmental noise surrounding the workplace, such as noise from construction sites near the workplace. In addition, the respondent emphasized the need to minimize noise and the health damage caused by noise in industries, such as construction, marine transportation and logging, and in workplaces where employees work in mechanic shops. The second respondent emphasized the need to manage workplace noise from air conditioners and heating vents in the workplace. The prepublication comment period in the Canada Gazette, Part I, will provide an additional opportunity for Indigenous groups to provide feedback on the proposed Regulations.

Instrument choice

The options considered were maintaining the status quo or changing the existing regulatory provisions. The objective of the proposed Regulations is to address current gaps in the OHS regulations that have outdated provisions with regard to noise exposure limits, hearing protection and hearing-loss prevention or with noise exposure limits set in the provinces or territories. This objective cannot be accomplished through other instruments, such as policy guidelines or voluntary codes of practice.

The five OHS regulations contain provisions related to working in workplaces with excessive noise; however, they do not reflect industry’s best practices and current standards. Changing the existing provisions would be the best option to ensure the protection of the health and safety of employees. None of these factors could be addressed via the status quo; as such, a regulatory option was selected.

Regulatory analysis

The cost-benefit analysis covers the following six items of the proposed changes.

1. Audiometric testing, review of audiometric test results and hearing loss prevention program: The proposed Regulations include new sections entitled “Audiometric Testing,” “Review of Audiometric Test Results,” and “Hearing Loss Prevention Program” in all five OHS regulations. Therefore, this would affect employers regulated under the COHSR, OTOHSR, OGOSHR, MOHSR, and AOHSR, including the Government of Canada (federal departments and agencies).
2. Reduction in noise exposure limits in workplaces: The “Limits of Exposure” section in three of the five OHS regulations would be changed so that the noise exposure limit is lowered from 87 dBA (L_ex,8) to 85 dBA (L_ex,8). This would result in employers being required to provide hearing protection equipment and training on the fit, care and use of the hearing protection equipment to the newly affected employees who are exposed to a noise exposure limit that falls between 85 dBA (L_ex,8) and 87 dBA (L_ex,8). This would affect employers regulated under the COHSR and AOHSR, including the Government of Canada (federal departments and agencies). Employers regulated under the OGOSHR and MOHSR are already required to abide by an 85 dBA (L_ex,8) noise exposure limit. However, these employers do not currently have a requirement to provide training to employees on the fit, care and use of hearing protection equipment that they provide. Therefore, the proposed changes would require employers regulated under the OGOSHR and MOHSR to provide all employees who are exposed to noise levels of 85 dBA (L_ex,8) and above with the required training.
3. Reduction in noise exposure limit for crew accommodations: The proposal changes the noise exposure limits in crew accommodations (sleeping quarters, eating quarters, closed recreation rooms, and offices) in two of the five OHS regulations. This would affect employers regulated under the MOHSR and OGOHSR. For the OGOSHR, the proposed changes would only affect the sleeping quarters.
4. Hazard Investigation: The proposal changes the “Hazard Investigation” section in the COHSR, OTOHSR, AOHSR, and MOHSR by reducing the threshold for a hazard investigation to 82 dBA (L_ex,8). In addition, it would introduce a “Hazard Investigation” section to the OGOSHR. Therefore, this would affect employers regulated under the COHSR, OTOHSR, OGOSHR, MOHSR, and AOHSR, including the Government of Canada (federal departments and agencies).
5. Report to Head of Compliance and Enforcement (HOCE): The proposal removes the requirement to submit a report to the HOCE in four of the five OHS regulations. Therefore, this would affect employers regulated under the COHSR, OTOHSR, OGOSGR, and AOHSR including the Government of Canada (federal departments and agencies).
6. Changing static references to ambulatory references, and introducing new references: The proposal would change the static references to standards to ambulatory references. As well, the proposal introduces two new references. This would affect employers regulated under all OHS regulations, including the Government of Canada (federal departments and agencies).
7. Compliance and enforcement: The proposed changes would incur compliance and enforcement costs to the Labour Program for training inspectors and responding to stakeholder inquiries.

Analytical framework

The monetized costs and benefits for the 10-year analytical period (2025–2034) are discounted to the year 2025 at a 7% discount rate and expressed in 2023 Canadian dollars. The benefits start one year after the date of registration.

The analysis assumes employee and employer growth rates of 0.90% over the 10-year analytical period. These estimates are derived from the ESDC Canadian Occupational Projection System (COPS). Affected stakeholders include private federally regulated employers, Crown corporations and the Government of Canada (federal departments and agencies). Approximately 92 149 employees (6.4% of the federally regulated workforce) are expected to benefit from the proposed reduction in the daily maximum noise exposure level, while the implementation of a hearing loss prevention program would benefit about 200 671 employees, which constitutes 13.5% of the federally regulated workforce.

Table 2: Number of affected employees and employers by sector estimates
Note: These data represent the average number of employees and employers affected for the 10-year period from 2025 to 2034 (this takes into account the one-year delay of the coming into force date).

Sectors	Estimated number of affected employees: exposed between 85 dBA and 87 dBA	Estimated number of affected employees: exposed above 85 dBA	Estimated number of affected employers: exposed above 85 dBA
Public service	25 684	53 924	1
Road transportation	16 201	34 015	2 861
Air transportation	11 913	25 011	220
Rail transportation	3 240	6 803	8
Marine transportation	n/a	6 003	90
Banks	7 469	15 682	4
Telecommunications and broadcasting	8 556	17 963	128
Postal and courier	10 483	22 010	70
Pipelines	n/a	1 201	6
Feed, flour, seed and grain	1 887	3 962	90
Miscellaneous (not classified elsewhere)	1 918	4 027	63
Indigenous government on First Nations territories	4 797	10 071	115
Total	92 149	200 671	3 658

To model the breadth and diversity of federally regulated workplaces, a broad observational study (Flamme, 2012)^{footnote 20}, in combination with another study (Kern, 2017)^{footnote 21}, were selected as a proxy for estimating practical workplace noise exposure.

Benefits and costs^{footnote 22}

Benefits

The cost-benefit analysis has identified the following three key monetized benefits:

1. Decline in work-related injuries: reduction in noise as a hazard and a lower prevalence of hearing loss yielding $866,188,485 in benefits;
2. Increase in quality of life: reduction in hearing loss and work-related injuries from the hearing loss prevention program, with its core audiometric testing component generating $37,020,611 in benefits; and
3. Administrative burden relief: removal of the requirement to submit a report to the HOCE amounting to $37,477 in benefits.

Decline in work-related injuries

Growing evidence supports the notion that excessive noise in the workplace is a risk factor for work-related injuries due to its distracting potential and ability to cover other sounds that may signal workplace dangers. In other words, noise itself represents a hazard. In addition, it is expected that a reduction in the noise exposure limit will lead to a reduction in the prevalence of hearing loss. This reduction in the prevalence of hearing loss will also contribute to a reduction in workplace injuries.

Unfortunately, statistical data regarding injuries related to noise is scarce; however, data from a systematic review of 10 papers correlating occupational noise^{footnote 23} exposure with the risk of work-related injuries suggests that the relative risk of such accidents rises by 22% for every 5-dBA increase in the noise exposure level. Using this information to calculate the risk of lowering the noise exposure level from 87 dBA (L_ex,8) to 85 dBA (L_ex,8), a 2-dBA decrease in noise exposure suggests an 8.8% decline in relative risk. To note, the study on which this reduction rate is based mentions a few limitations to the data. Because the reduction rate is based on a meta-analysis, the quality of the data is qualified as “poor.” This is in part because none of the studies were standardized and differed in their design, outcome definition, and noise assessment.

In federally regulated industries, among the 92 149 employees (averaged for the 2025–2034 period) expected to benefit from the reduction in the daily maximum noise exposure level from 87 dBA (L_ex,8) to 85 dBA (L_ex,8), which would translate into a reduction of

• 1 624 minor injuries;
• 1 244 disabling injuries; and
• 4.60 fatal injuries over the same 10-year period.

These results were obtained by applying the expected reduction in injuries, as mentioned above, to the current injury rate. This new injury rate is then applied to the affected population.

The economic value of the benefits^{footnote 24} would be as follows (all VSL values are based on VSL estimates):

• 0.003 of the value of the statistical life (VSL) scale per minor injuries, which corresponds to about $27,530 in 2023;
• 0.105 of the VSL scale per disabling injury, which correspond to about $963,542 in 2023; and
• 1.00 of the VSL scale per fatal injury, which corresponds to about $9.17 million in 2023.

The economic value of the benefits for employees from the decline in work-related injuries would be $866.2 million, discounted over the 10-year period, including $241.4 million for the employees of federal departments and agencies of the Government of Canada. These benefits would be ongoing and account for new employees in each subsequent year following the first year of implementation.

Increase in quality of life

The hearing loss prevention program and its core audiometric testing component aim to identify noise-induced audiometric anomalies at an earlier stage and take measures to prevent or mitigate further auditory decline. In summary, the implementation of a hearing loss prevention program is expected to reduce the prevalence of hearing loss and improve the quality of life of affected workers.

Unfortunately, statistical data regarding these outcomes and their economic valuation is relatively scarce; however, according to one study^{footnote 25} based on audiograms of 22 376 individuals, the risk associated with a standardized threshold shift over a 17-year period (1979–1996) was reduced by 30% over the period when a hearing loss prevention program was implemented. This would decrease the current estimated annual risk (4.9%) of developing hearing loss by 1.7%. This 1.7% reduction assumes that most federally regulated workers are not exposed to very high noise exposure levels, commonly defined as exceeding 120 dBA (L_ex,8), during a substantial part of their daily shift.

The economic value of a decrease in hearing loss prevalence was estimated through an approach based on the quality-adjusted life years (QALY) method. This economic value is then assessed based on the number of years lived with a health condition of interest, in this case hearing loss. It is conservatively assumed that many federally regulated employees affected by the proposed Regulations would experience only mild hearing loss, yielding a lifetime QALY economic value of about $35,065 for each current employee who would not suffer from hearing loss due to the proposed Regulations.

Based on the QALY method, the economic benefits anticipated to employees from the implementation of a hearing loss prevention program are estimated at $37.0 million, including $9.9 million for the employees of the federal departments and agencies of the Government of Canada. These benefits would be ongoing and account for new employees in each subsequent year following the first year of implementation.

It is important to note that hearing loss prevention programs may provide additional intangible benefits, to which a monetary economic value may not currently be assigned. These benefits are discussed in the section on non-monetized benefits.

Administrative burden relief

Currently, four of the occupational health and safety regulations^{footnote 26} include a requirement for employers to submit a report to the HOCE if an employee is exposed to sound above the current noise exposure limit. This requirement would be removed in the proposed changes.

The removal of the requirement for employers to submit a report to the HOCE if an employee is exposed to sound above a prescribed noise exposure limit is expected to provide a reduction in administrative burden costs (i.e. cost savings) for employers of the federally regulated private sector (FRPS) [except those subject to the MOHSR] and of the federal departments and agencies of the Government of Canada by $37,477 in present value over the 10-year analytical period. These benefits would be ongoing and account for new employees in each subsequent year following the first year of implementation.

Total monetized benefits

The total monetized benefits, discounted over the 10-year analytical period, are estimated at $903.2 million. These benefits would apply to employees of federal departments and agencies of the Government of Canada, as well as employees of federally regulated private businesses. This is summarized in the table below.

Table 3: Monetized benefits summary

Benefit type	Affected stakeholders	Total PV benefit
Decline in work-related Injuries	FRPS employees (except thos subject to the OGOSHR and MOHSR) and employees of departments and agencies of the federal government	$866,188,485
Increase in quality of life	FRPS employees and employees of departments and agencies of the federal government	$37,020,611
Administrative burden relief	FRPS employers (except those subject to the MOHSR) and employees of departments and agencies of the federal government	$37,477
Total benefits	All affected stakeholders	$903,246,573

Expected non-monetized benefits

As mentioned in the section on total monetized benefits, reducing the noise exposure levels is expected to lead to a lower rate of injury and decreased prevalence of hearing loss. This may create an indirect impact by helping to compensate for lost productivity and foregone output, as employees experience presenteeism and absenteeism due to high noise exposure levels.

Additionally, the hearing loss prevention program, as a long-term measure to protect employees’ health and safety, would likely support a workplace safety culture. This will also create an indirect impact since it is expected to foster a healthier, more productive, and more collaborative work environment.

Costs

The cost-benefit analysis has categorized costs into the following six main areas:

1. Audiometric testing, review of audiometric test results, and the hearing loss prevention program; this is estimated to cost $254,578,368;
2. Reduction in the daily maximum noise exposure levels (hearing protection and training); this is estimated to cost $14,016,007;
3. Lowering the noise exposure limit in crew accommodation spaces; this is estimated to cost $0;
4. Lowering the threshold for a hazard investigation; this is estimated to cost $28,169;
5. Changing static references to ambulatory and introducing new references; this is estimated to cost $11,078,223; and
6. Costs to the federal government for compliance and enforcement of the proposed Regulations; this is estimated to cost $422,409.

Audiometric testing, review of audiometric test results, and the hearing loss prevention program

The mandatory hearing loss prevention program, including implementing and operating annual audiometric testing for employees exposed to noise exceeding the daily maximum limits, applies to all five OHS regulations. The annual audiometric testing cost is estimated at $109.66 per employee, while the annual program administration cost is $72.66 per employee.

Based on this assessment, the total anticipated cost of the program is $254.6 million, discounted over the 10-year period, including a $68.4 million cost to the Government of Canada. These costs would be ongoing and account for new employees in each subsequent year following the first year of implementation.

Reduction in daily maximum noise exposure levels (hearing protection and training)

Costs expected from the reduction in the daily maximum noise exposure level in the COHSR, OTOHSR, and AOHSR would mostly arise from the employer’s need to provide hearing protection devices to employees who may be exposed to a daily noise exposure limit that falls between 85 dBA (L_ex,8) and 87 dBA (L_ex,8). All employees who are exposed to noise above 87 dBA (L_ex,8) should already be provided with hearing protection equipment. It should be noted that the requirement to provide hearing protection equipment to employees exposed to noise levels between 87 dBA (L_ex,8) and 85 dBA (L_ex,8) would not affect employers regulated under the OGOSHR and MOHSR, since these regulations already set the noise exposure limit at 85 dBA (L_ex,8).

Additional costs would also arise from the employer's requirement to provide training to employees on the fit, care and use of the hearing protection equipment that is provided to them. This would affect employees regulated under the COHSR, OTOHSR, and AOHSR who are exposed to a noise exposure limit that falls between 85 dBA (L_ex,8) and 87 dBA (L_ex,8) and are thus being provided hearing protection equipment for the first time. This would also affect employees regulated under the OGOSHR and MOHSR who are exposed to a noise exposure limit of 85 dBA (L_ex,8) or more, as training on hearing protection equipment is not currently a requirement under the OGOSHR or the MOHSR.

The overall costs anticipated from the proposed reduction of the daily maximum noise exposure level to 85 dBA (L_ex,8) are estimated at $14 million, discounted over the 10-year period. This includes a $3.8 million discounted cost to the Government of Canada. These costs are upfront and account for new employees in each subsequent year following the first year of implementation.

Lowering of the noise exposure limit in crew accommodation spaces (MOHSR)

The proposed changes to lower noise exposure limits in crew accommodation spaces would apply to employers regulated under the MOHSR. The changes would limit the daily maximum noise exposure level from 75 dBA (L_ex,8) to 60 dBA (L_ex,8) in sleeping quarters, and from 75 dBA L_ex,8) to 65 dBA (L_ex,8) in eating quarters, closed recreation rooms, and offices for passenger and cargo vessels weighing 1 600 gross tonnage and above, as listed in subsection 4(1) of the VCER.

Consultations with Transport Canada concluded that these vessels are already in compliance with the proposed noise exposure limits because the VCER mandates their construction to meet these standards. Consequently, stakeholders would not incur any additional costs.

As mentioned in the “Additional proposed changes to the MOHSR” subsection of the “Description” section in this regulatory impact analysis statement, the grandfathered vessels referred to in section 8 of the VCER and all other vessels would be required to abide by the current noise exposure limit of 75 dBA (L_ex,8) in all crew accommodation spaces. As such, there is no costing implication for these vessels.

Lowering the noise exposure limit in crew accommodation spaces (OGOSHR)

The proposed changes to reduce the noise exposure limit in sleeping quarters also apply to the OGOSHR. The changes would lower the daily maximum noise exposure level from 75 dBA (L_ex,8) to 60 dBA (L_ex,8) in sleeping quarters on installations capable of drilling, producing, conserving, or processing oil or gas.

To the best of the Labour Program’s knowledge, Imperial Oil’s workplace at Norman Wells is currently the only one subject to the OGOSHR that could be affected by the proposed changes. However, consultations have confirmed that the central processing facility at Norman Wells does not have sleeping quarters. The Labour Program received confirmation that, outside working hours, local workers stay in their own local residence, and non-resident workers stay in a privately run camp. As a result, there are no costs associated with applying the proposed maximum noise exposure levels in sleeping quarters in sectors covered under the OGOSHR.

Lowering the noise exposure level threshold that triggers a hazard investigation to be conducted

The proposed Regulations would lower the noise exposure level threshold that triggers a hazard investigation from the current 84 dBA (L_ex,8) to 82 dBA (L_ex,8) in the COHSR, OTOHSR, and AOHSR, and from the current 85 dBA (L_ex,8) to 82 dBA (L_ex,8) in the MOHSR. Additionally, the proposed Regulations would introduce a “Hazard Investigation” section in the OGOSHR. This change would result in costs to employers under all five OHS regulations.

Available data^{footnote 27} indicates that the proposed changes would lead to 15.6 additional investigations per year. Each investigation is expected to take five hours to complete and would be conducted by a qualified employee with an average hourly wage of $51.29 (including 25% overhead). The total cost for employers associated with the changed requirement is estimated to be $28,169 over the 10-year period following the coming into force of the proposed changes. These costs are ongoing.

Changing static references to ambulatory references and introducing new references

The proposal would change two references to standards, changing them from static to ambulatory. Employers would need to purchase these standards if they do not already follow the most up-to-date version of them. In addition, the proposal introduces two new standards and makes them ambulatory as well. All employers would be required to purchase these two standards, since they are newly added.

Furthermore, in the future, when an updated version of any of these standards is released, all employers will be required to purchase the updated version.

The following four standards would need to be purchased:

1. (Static to Ambulatory) CSA Standard Z94.2-14 (R2024), Hearing protection devices — Performance, selection, care, and use. This standard costs $143.72 with taxes, and is available in both official languages. Employers under the OGOSHR and MOHSR are currently not following the most up-to-date version of this standard. Therefore, employers that fall under these regulations would need to purchase this standard following the introduction of the proposed changes. Furthermore, this standard is updated approximately every 11 years. For this reason, all employers that fall under the OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this updated version when it is made available in the future. However, it is not costed in the cost-benefit analysis (CBA), since it falls out of the 10-year analytical window (2025–2034).
2. (Static to Ambulatory) CSA Standard Z107.56-18 (R2022), Measurement of noise exposure. This standard costs $114.97 with taxes and is available in both official languages. Employers under the COHSR, OTOHSR, OGOSHR, and MOHSR and the Government of Canada (federal departments and agencies) are currently not following the most up-to-date version of this standard. Therefore, they would need to purchase this standard following the introduction of the proposed changes. Furthermore, this standard is updated approximately every nine years. For this reason, all employers that fall under the OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this updated version when it is made available in the future. This is also costed in the CBA.
3. (New and Ambulatory) CSA Standard Z1007:22, Hearing loss prevention program (HLPP) management. This standard costs $169.01 with taxes and is available in both official languages. Employers that fall under all five OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this standard, since it is newly added. Furthermore, this standard is updated approximately every six years. Therefore, employers under all five OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this updated version when it is made available in the future. This is also costed in the CBA.
4. (New and Ambulatory) CSA Standard Z107.6-16, Audiometric testing for use in hearing loss prevention programs. This standard costs $109.22 with taxes and is available in both official languages. Employers under all five OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this standard, since it is newly added. Furthermore, this standard is updated approximately every 26 years. Therefore, employers under all five OHS regulations, including the Government of Canada (federal departments and agencies), would need to purchase this updated version when it is made available in the future. However, it is not costed in the CBA, since it falls out of the 10-year analytical window (2025–2034).

The total anticipated cost of purchasing these standards is approximately $11.1 million, discounted over the 2025–2034 period. This includes the initial cost of purchasing the standard if the employer does not already follow the most up-to-date version. This also includes the cost of purchasing the standard when an updated version is made available. Note that there are no translation costs, since all these standards are available in both official languages.

Compliance and enforcement

The Labour Program would bear some costs as a result of the proposed changes. This may include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance from the employer, or issuing a direction to cease the contravention and take steps to prevent its reoccurrence. In the first year after the proposed changes come into force, inspectors would spend time receiving training, responding to stakeholder inquiries, and conducting targeted blitzes in key sectors in which noise exposure is a prevalent concern. The new requirements would also slightly increase the time that inspectors spend conducting inspections.

Altogether, compliance and enforcement costs are estimated at $422,409 in present value over the 10-year analytical period.

Total monetized costs

The total monetized costs, discounted over the 10-year analytical period, are estimated at $280.1 million. These costs affect employees of federal departments and agencies of the Government of Canada, as well as employees of federally regulated private businesses. These costs can be summarized in the table below.

Table 4: Monetized costs summary

Cost type	Stakeholder affected	Total PV cost
Reduction in daily maximum noise exposure levels — Hearing protection equipment	FRPS employees (except MOHSR and OGOHSR) and employees of the departments and agencies of the federal government	$10,620,449
Reduction in daily maximum noise exposure levels — Hearing protection training	FRPS employees and employees of the departments and agencies of the federal government	$3,395,558
Audiometric testing, review of audiometric test results, and the hearing loss prevention program	FRPS employees and employees of the departments and agencies of the federal government	$254,578,368
Lowering the noise exposure limit in crew accommodation spaces	FRPS employees under the MOHSR	$0
Lowering the noise exposure limit in crew accommodation spaces (sleeping quarters)	FRPS employees under the OGOSHR	$0
Lowering the threshold for a hazard investigation	FRPS employers and employees of the departments and agencies of the federal government	$28,169
Changing static references to ambulatory and introducing new references	FRPS employers and employees of the departments and agencies of the federal government	$11,078,223
Compliance and enforcement costs	Labour Program (federal government)	$422,409
Total costs	All affected stakeholders	$280,123,175

Cost-benefit statement

• Number of years: 10 (2025 to 2034); benefits start one year after the date of registration
• Price year: 2023
• Present-value base year: 2025
• Discount rate: 7%

Table 5: Monetized benefits

Impacted stakeholder	Description of benefit	Base year	Final year	Total (present value)	Annualized value
Government of Canada (federal departments and agencies): employees	Anticipated increase in quality of life (due to a reduction in hearing loss and work-related injuries due to the hearing loss prevention program)	$0	$1,699,771	$9,948,137	$1,416,391
	Anticipated reduction in work-related injuries (due to a reduction of noise as a hazard and a lower prevalence of hearing loss)	$0	$41,251,058	$241,427,392	$34,373,829
	Administrative burden relief from the removal of the requirement to submit a report to the HOCE	$0	$1,793	$10,494	$1,494
Federally regulated private businesses: employees	Anticipated increase in quality of life (due to a reduction in hearing loss and work-related injuries due to the hearing loss prevention program)	$0	$4,625,690	$27,072,474	$3,854,511
	Anticipated reduction in work-related injuries (due to a reduction of noise as a hazard and a lower prevalence of hearing loss)	$0	$106,748,684	$624,761,094	$88,951,924
Federally regulated private businesses: employers	Administrative burden relief from the removal of the requirement to submit a report to the HOCE	$0	$4,611	$26,984	$3,842
All stakeholders	Total benefits	$0	$154,331,606	$903,246,573	$128,601,991

Table 6: Monetized costs

Impacted stakeholder	Description of costs	Base year	Final year	Total (present value)	Annualized value
Government of Canada (federal departments and agencies)	Hearing protection equipment	$2,267,386	$143,717	$2,960,172	$421,462
	Hearing protection equipment training	$885,628	$8,563	$877,805	$124,980
	Hearing loss prevention program (audiometric testing)	$5,652,984	$6,127,711	$41,146,417	$5,858,234
	Hearing loss prevention program (management)	$3,745,664	$4,060,218	$27,263,596	$3,881,723
	Hazard investigations	$275	$275	$1,929	$275
	Changing static references to ambulatory and introducing new references	$393	$0	$535	$76
Government of Canada (Labour Program)	Compliance and enforcement	$109,270	$46,002	$422,409	$60,141
Federally regulated private businesses	Hearing protection equipment	$5,867,496	$371,907	$7,660,276	$1,090,651
	Hearing protection equipment training	$2,540,189	$24,561	$2,517,752	$358,471
	Hearing loss prevention program (audiometric testing)	$15,383,811	$16,675,714	$111,974,262	$15,942,616
	Hearing loss prevention program (management)	$10,193,306	$11,049,320	$74,194,093	$10,563,570
	Hazard investigations	$3,736	$3,736	$26,240	$3,736
	Changing static references to ambulatory and introducing new references	$7,539,678	$100,310	$11,077,688	$1,577,213
All stakeholders	Total costs	$54,189,816	$38,612,032	$280,123,175	$39,883,238

Table 7: Summary of total monetized benefits and costs

Impact	Base year	Final year	Total (present value)	Annualized value
Total benefits	$0	$154,331,606	$903,246,573	$128,601,991
Total costs	$54,189,816	$38,612,032	$280,123,175	$39,883,238
Net impact	-$54,189,816	$115,719,574	$623,123,398	$88,718,753

Small business lens

Assuming that workplace noise exposure limits in small businesses (defined as businesses with fewer than 100 employees) reflect the overall federally regulated profile, it is estimated that over 3 300 small businesses and approximately 29 000 of their employees would be impacted by the proposed Regulations, averaged over the 2025–2034 period. The resulting monetized costs are detailed in Table 9 below.

As mentioned, the Labour Program is allowing a one-year period after the date of registration for employers to comply with the proposed changes. This added flexibility should enable all employers enough time to adapt, and no other options are being considered to limit overall impacts on small employers because benefits to employers are expected to be as meaningful and proportional to the costs imposed on them.

Small business lens summary

• Number of small businesses impacted: 3 300
• Number of years: 10 (2025 to 2034)
• Price year: 2023
• Present value base year: 2025
• Discount rate: 7%

Table 8: Administrative and compliance benefits

Administrative or compliance	Description of benefit	Present value	Annualized value
Administrative	Removal of the requirement to submit a report to the HOCE	$3,556	$506
Compliance	Anticipated reduction in work-related injuries	$127,997,379	$18,223,947
	Anticipated reduction in hearing loss due to the hearing loss prevention program	$5,587,959	$795,600
Total	Total benefits	$133,588,895	$19,020,053

Table 9: Administrative and compliance costs

Administrative or compliance	Description of costs	Present value	Annualized value
Administrative	Management of the hearing loss prevention program	$15,314,211	$2,180,399
Compliance	Hearing protection equipment and training	$2,092,905	$297,983
	Audiometric testing — hearing loss prevention program	$23,112,318	$3,290,674
	Hazard investigation	$21,967	$3,128
	Changing static references to ambulatory, and introducing new references	$10,516,961	$1,497,379
Total	Total costs	$51,058,363	$7,269,562

Table 10: Net impacts of compliance and administrative benefits and costs

Amount	Present value	Annualized value
Net impact on all impacted small businesses	$82,530,532	$11,750,491
Average net impact on each impacted small business	$24,872	$3,541

One-for-one rule

The one-for-one rule applies since there is an incremental increase in the administrative burden on business, and the proposal is considered a “burden-in” under the rule. No regulatory titles are repealed or introduced.

Administrative costs arising from the proposed Regulations are related to the management of the hearing loss prevention program, which includes the audiometric testing requirements. This cost is associated with the annual program evaluation and record-keeping requirements set by the proposed Regulations. The record-keeping requirements apply to the audiometric tests that are conducted and to the annual evaluation of the hearing loss prevention program. The total annualized cost of the incremental administrative burden is estimated to be $3,701,177 (in 2012 dollars).

Further, there is administrative relief for four OHS regulations (COHSR, OTOHSR, OGOSHR, and AOHSR) due to the removal of an administrative cost associated with submitting a report to the HOCE. The total annualized cost savings from reduced administrative burden is estimated to be $1,544 (in 2012 dollars).

All other costs are deemed to be compliance costs.

Approximately 3 500 federally regulated businesses would assume an administrative burden cost increase under the proposed Regulations. The changes would result in an annualized administrative net cost of $3,699,633 (in 2012 dollars).

Details are provided in the following table.

• Number of years: 10 (2025 to 2034)
• Price year: 2012
• Present value base year: 2012
• Discount rate: 7%

Table 11: Annualized administrative burden costs

OHS regulations	Annualized administrative burden costs	Annualized administrative burden costs per business
Canada Occupational Health and Safety Regulations (COHSR)	$2,992,312	$947.78
On Board Trains Occupational Health and Safety Regulations (OTOHSR)	$123,320	$16,263.45
Oil and Gas Occupational Safety and Health Regulations (OGOSHR)	$21,762	$3,826.63
Maritime Occupational Health and Safety Regulations (MOHSR)	$108,858	$1,276.11
Aviation Occupational Health and Safety Regulations (AOHSR)	$453,381	$2,174.25
TOTAL —  OHS regulations	$3,699,633	$1,067.94

Regulatory cooperation and alignment

The proposed Regulations would support regulatory cooperation and alignment. The Canadian Free Trade Agreement (CFTA)^{footnote 28} established a regulatory reconciliation process, overseen through the Regulatory Reconciliation and Cooperation Table (RCT), to help address barriers to trade experienced by companies doing business across provincial and territorial borders. Once a barrier to trade has been identified, a government (federal, provincial, or territorial) can submit the matter to the RCT for reconciliation and the participating CFTA governments and their relevant regulators can begin negotiations toward a reconciliation agreement. One of the work plan items of the RCT is to promote regulatory cooperation across Canada with respect to hearing protection. In particular, the Government of Canada and all the provinces and territories signed an agreement in 2019 called the Occupational Health and Safety Reconciliation Agreement (2018) [2018 Agreement] to harmonize hearing protection standards by requiring employers to provide hearing protectors to employees that meet the requirements set out in CSA Standard Z94.2-14, Hearing protection devices – Performance, selection, care and use.

The proposed changes to all five OHS regulations would fulfill Canada’s commitments under the 2018 Agreement, as these regulations would now require employers to provide hearing protection that meets the requirements set out in CSA Standard Z94.2-14 to every employee who is likely to be exposed in the workplace to a sound level that exceeds 85 dBA (L_ex,8). These changes would bring the federal government into alignment with 11 of the 13 provinces and territories that have either updated their OHS codes (Alberta), regulations (Quebec, Manitoba, New Brunswick, Newfoundland and Labrador, Prince Edward Island, British Columbia) or their guidance materials (Ontario, Saskatchewan, Nunavut, Northwest Territories) to refer to CSA Standard Z94.2-14.

In addition, the proposed changes to the COHSR, OTOHSR, and AOHSR would reduce the limit for the daily maximum noise exposure level from 87 dBA (L_ex,8) to 85 dBA (L_ex,8), in alignment with the daily maximum limit in the OGOSHR and MOHSR. This would bring the federal OHS regulations into alignment with the OHS regulations in all provinces and territories in Canada.

Further, the introduction of the requirement for audiometric testing to the five OHS regulations would bring the federal OHS regulations into alignment with the OHS regulations in 9 of the 13 provinces and territories in Canada that currently require the employer to provide employees with annual or biannual audiometric tests when employees are exposed to noise that exceeds the daily maximum noise exposure level. The 9 provinces and territories are Prince Edward Island, Newfoundland and Labrador, British Columbia, Saskatchewan, Manitoba, Alberta, Northwest Territories, Nunavut, and Yukon.

Lastly, the requirement for the employer to develop and implement a hearing loss prevention program would bring all five OHS regulations into compliance with 6 of the 13 provinces and territories in Canada that explicitly require the employer to develop and implement a hearing conservation program or plan. The 6 provinces and territories are Prince Edward Island, Newfoundland and Labrador, British Columbia, Saskatchewan, Northwest Territories, and Nunavut.

The proposed Regulations would also bring Canada’s provisions into alignment with various occupational noise provisions in the European Union (EU), the United Kingdom, the United States and Australia. The noise exposure limits in these countries vary between 85 dBA (L_ex,8) and 90 dBA (L_ex,8). However, depending on the country, various employer obligations related to the protection of employee hearing loss are triggered by either the 80 dBA (L_ex,8) level or the 85 dBA (L_ex,8) level. In addition, the EU, United Kingdom, United States, and Australia all have requirements for the provision of audiometric testing and the development of some form of hearing loss prevention or conservation program.

In terms of legislation in Europe, both the EU and the United Kingdom maintain the noise exposure limit at 87 dBA (L_ex,8).^{footnote 29,footnote 30} However, in both the EU and United Kingdom various employer responsibilities related to hearing protection, risk assessments, and audiometric testing are triggered by the 80 dBA (L_ex,8) noise exposure level and by the 85 dBA (L_ex,8) noise exposure level, depending on the employer responsibility. For example, in both the EU and the United Kingdom, the employer is required to provide hearing protectors to workers if the noise exposure level exceeds 80 dBA (L_ex,8) and must ensure that employees are wearing the provided hearing protectors if the noise exposure exceeds 85 dBA (L_ex,8).^{footnote 29,footnote 30} Furthermore, although the EU and the United Kingdom do not use the terms “hearing conservation program” or “hearing loss prevention program,” they have requirements that are similar to Canada’s for preventing hearing loss through their employer obligations to conduct risk assessments and undertake employee “health surveillance.” For example, in the United Kingdom, if the workplace noise exposure level exceeds 80 dBA (L_ex,8) employers are required to conduct a risk assessment that evaluates the risk to employee health and safety created by the exposure to workplace noise and are required to eliminate or control the exposure to noise.^{footnote 31} In the EU, there is also a similar requirement for a risk assessment and implementation of control measures, but it is not tied to a specific noise exposure level.^{footnote 32} In addition, both the EU and the United Kingdom have a requirement for appropriate health surveillance of employees, which includes providing audiometric testing to employees.^{footnote 32} In the United Kingdom, the health surveillance is triggered if the risk assessment indicates that there is a risk to the health of employees who are exposed to hazardous noise,^{footnote 31} whereas in the EU, this requirement is triggered if employees have been exposed to noise above 80 dBA (L_ex,8).^{footnote 32} In both the EU and the United Kingdom, the timing of a baseline audiometric test and the frequency of audiometric testing is not prescribed.

In the United States, the noise exposure limit is set at 90 dBA (L_ex,8).^{footnote 33} However, as with the EU and the United Kingdom, various employer requirements related to hearing protection, hearing conservation and audiometric testing start at the 85 dBA (L_ex,8) noise exposure level. For example, employers must provide their employees with hearing protectors and ensure that the hearing protectors are worn when the noise exposure level is 85 dBA (L_ex,8) or greater. In addition, the employer is required to administer an effective hearing conservation program whenever employee noise exposure levels equal or exceed 85 dBA (L_ex,8). Lastly, the employer is required to establish and maintain an audiometric testing program for all employees who are exposed to 85 dBA (L_ex,8) or more. The audiometric testing program includes a baseline test within six months of an employee’s first exposure to a noise exposure level of 85 dBA or greater, and then at least annually after the baseline audiogram.

In Australia, the noise exposure limit is set at 85 dBA (L_ex,8).^{footnote 34} Australia has a form of hearing loss prevention programming through the requirement for employers to manage the risk of hearing loss from noise. There is a requirement for hearing protectors to be provided as a control measure to protect employees from the risk of hearing loss associated with noise that exceeds 85 dBA (L_ex,8), and any employee who is provided hearing protection must be provided audiometric testing within three months of commencing the work that requires hearing protection and at least every two years after that.

Effects on the environment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

Issue identification

The impacts of hazards related to noise exposure tend to affect different groups in unique ways. Below, different hazards are discussed and analyzed based on the diverse attributes of workers, including their biological characteristics, age, and socioeconomic status.

Gender and gender identity

It is estimated that on average, more than 11 million Canadians, or 42% of Canadians, have worked in an environment with levels of sound reaching or exceeding 85 dBA (L_ex,8).^{footnote 35} While these 11 million Canadians work in noisy workplaces, the proposed Regulations would work to protect the health and safety of employees in federally regulated workplaces. Workplaces with potential hazardous noise exposure include the air transport and road transport industries. Workplaces in road transport are associated with hazardous noise levels for truck drivers, as noise exposure levels can exceed the prescribed limits.^{footnote 36} According to the Federal Jurisdiction Workplace Survey,^{footnote 37} 62% of employees in these sectors are men, while 38% are women. In the air transportation industry, men represent 68% of the total workforce, while women make up 32% of the workforce.^{footnote 38} Ground staff, in particular, face significant challenges to the health of their hearing.^{footnote 39} While aircraft-dependent noise emissions vary, aircraft such as turboprops have been shown to emit higher levels of sound.^{footnote 40} Due to the higher number of men in federally regulated industries with potential noise exposure, the proposed Regulations are expected to positively impact men more than women.

Although women make up a smaller proportion of federally regulated employees in the sectors most affected by noise exposure, women who are pregnant are at a greater risk, as noise exposure while pregnant is correlated with hearing dysfunction in newborns.^{footnote 41} Therefore, occupational noise exposure is not limited to the workers but could also affect their fetus. Therefore, reducing the risk of hearing impairment by updating noise exposure limits and thresholds would positively impact men in certain sectors, as well as pregnant employees, and mitigate the negative impact on their offspring.

Age

An individual’s age affects their level of hearing sensitivity.^{footnote 42} As an individual gets older, their hearing sensitivity declines, and, as a result, they are more susceptible to experiencing noise-induced hearing loss if they are exposed to excessive noise in the workplace.^{footnote 42} In addition, age can contribute to a decline in one’s hearing long after they have stopped working in such work environments.^{footnote 42} It is estimated that after 10 years of working in an occupation with noise exposure, an individual’s susceptibility to hearing loss is twice as high as someone who has never worked in an occupation with noise exposure.^{footnote 43} As a result, when analyzing the long-term effects, the proposed Regulations would positively impact older workers.

The proposed Regulations would also provide protection to younger workers who may plan on spending a significant portion of their careers in occupations with excessive noise exposure. For example, young women between the ages of 19 and 39 are more likely than women over 40 to be employed in occupations with potential noise exposure.^{footnote 44} As a result, although the proposed Regulations are expected to positively impact older men who have spent a significant portion of their careers in occupations with noise exposure, they would also protect the younger generation of workers that are beginning their careers in these industries.

Socioeconomic considerations

Beyond the hazards directly impacting the health of workers in workplaces exposed to noise, it is also important to take into consideration socioeconomic status, which may greatly influence workers’ access to care and ability to recover following a workplace illness and injury that can occur as a result of noise exposure. For example, Canadians in two-parent families earn, on average, twice the amount as single-parent families.^{footnote 45} Younger families also earn, on average, significantly less than older families.^{footnote 45} In the United States, research shows that workers who earn a lower income are much more likely to suffer from hearing loss compared to those who earn higher salaries, in part because they have lower access to regular and preventative health care.^{footnote 46} Although most people in Canada have access to universal health care, there may still be some linkages between earning a lower income and lack of access to preventative health care due to difficulty taking time off to go to the doctor or due to residency status in Canada, as may be the case for some migrant or temporary foreign workers who do not have access to universal health care. Workers from lower socioeconomic groups may also be exposed to an accumulation of unhealthy work environments and are more likely to retire because they become disabled and are no longer able to work.^{footnote 47} Socioeconomic disparities in Canada affect the likelihood of a worker and their family being able to afford medications, sick leave, and travel for treatment. Implementation of the proposed Regulations could therefore reduce the burden on workers and their families, who may be at a socioeconomic disadvantage by helping to prevent illness caused by work in workplaces exposed to noise.

Other considerations

Long-term physical and mental health outcomes

Men are typically less likely than women to seek out medical help, including mental health services.^{footnote 48,footnote 49} Societal norms have created a culture for men, wherein seeking medical help may be denoted as weakness.^{footnote 48} The proposed Regulations are expected to positively impact men more than women in the context of long-term physical and psychological outcomes. Men represent both a higher proportion of workers who work in occupations with noise exposure and a lower proportion of individuals who actively seek out medical care for both physical and psychological concerns. Therefore, the proposed Regulations would not only lessen the likelihood of noise impacts, but would also decrease the need for medical intervention regarding health concerns related to such occupations.

In brief, the required workplace audiometric testing would serve as a means for detecting potential medical issues such as acoustic trauma, tinnitus, temporary and permanent hearing loss, and other non-auditory concerns.^{footnote 50} Once employees undergo audiometric testing, they will be able to have access to their audiometric test results and will benefit from preventive care, early intervention, and/or employer-assisted medical support. To this end, workers are expected to benefit from the protective measures afforded through the regulatory requirements that protect employees from the impacts of noise in the workplace.

Summary

The proposed Regulations are expected to predominantly affect older men, as age is an aggravating factor for hearing loss, and because of the smaller proportion of women in sectors of the federally regulated workforce that have high noise levels. There is a gender disparity, particularly in the transport industry, with men having a higher likelihood of exposure to excessive workplace noise levels due to their occupational profile. Recognizing that men are less likely to seek medical help, the implementation of the proposed Regulations is expected to better their long-term physical and psychological health. While men may be disproportionally affected by hazardous noise in the workplace, the effects are also experienced by women, and aggravating factors such as socioeconomic status and age affect both genders. The proposed Regulations are anticipated to protect younger workers (i.e. men and women between 19 and 39 years old) through early intervention, and employees experiencing financial hardship could gain improved access to medical care, as their employer facilitates diagnostics and testing by an audiometric technician. Workers are expected to benefit from the preventive care afforded through the introduction of the proposed Regulations, safeguarding their health from the impacts of hazardous noise, and mitigating barriers to productivity.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Regulations would come into force one year after the day on which they are published in the Canada Gazette, Part II.

Compliance and enforcement

Compliance with the proposed Regulations would be achieved using a variety of existing approaches along a compliance continuum. This may include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance from the employer, or issuing a direction to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an administrative monetary penalty (AMP) under Part IV of the Code may be issued. Further information on AMPs and the classification method for various violations under the Code can be found in the “Administrative monetary penalties” subsection that is in the “Background” section of this Regulatory Impact Analysis Statement. No additional inspectors or inspections specifically related to the proposed Regulations are anticipated.

The interpretations, policies and guidelines (IPG) for levels of sound titled Levels of Sound – Canada Occupational Health and Safety Regulations, Part VII – IPG-074 (PDF) would be reviewed and updated to assist employers with compliance with the proposed Regulations.

The Labour Program’s Workplace health and safety compliance web page outlines the proactive and reactive activities used by delegated officials to ensure compliance. Statutory powers allow delegated officials to enter work sites and perform various activities to enforce compliance with the Code and the applicable OHS regulations.

Contact

Marie-France Sanschagrin
Senior Director
Workplace Directorate
Labour Program
Department of Employment and Social Development
165 Hôtel-de-Ville Street
Place du Portage, Phase II, 10th floor
Gatineau, Quebec
J8X 3X2
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@labour-travail.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sound Levels) under paragraphs 157(1)(a), (a.1)^{footnote a} and (b) and subsections 157(1.1) to (6)^{footnote b} and 270(1)^{footnote c} of the Canada Labour Code ^{footnote d}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Marie-France Sanschagrin, Senior Director, Workplace Directorate, Labour Program, Department of Employment and Social Development, 165 Hôtel-de-Ville Street, Place du Portage Phase II, 10th floor, Gatineau, Quebec J8X 3X2 (email: esdc.lab.sst.politiques-lab.ohs.policy.esdc@labour-travail.gc.ca).

Ottawa, March 13, 2026

Janna Rinaldi
Acting Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sound Levels)

Canada Occupational Health and Safety Regulations

1 Part VII of the Canada Occupational Health and Safety Regulations ^{footnote 51} is replaced by the following:

PART VII
Sound Levels

Definitions

7.01 The following definitions apply in this Part.

A-weighted sound pressure level

means a sound pressure level, expressed in dBA, as determined by a measurement system that includes an A-weighting filter. (niveau de pression acoustique pondéré A)

dBA

means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

means the noise exposure level equal to a steady sound level in dBA that, if present in a work place for 8 hours per day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed during the total hours worked during a 24-hour period. (niveau d’exposition au bruit (L_ex,8))

sound pressure level

means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

7.02 (1) For the purposes of this Part, the employer shall ensure that the exposure of an employee to noise in a work place is measured

• (a) in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2 and 6.5.4 of CSA Standard Z107.56-18 (R2022), entitled Measurement of noise exposure, as amended from time; and
• (b) using an instrument that is recommended for that measurement under clause 4.3 of the standard and that meets the requirements for such an instrument set out in clause 4 of the standard.

(2) For the purposes of this Part, the employer shall ensure that the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed in a work place takes into account the exposure of the employee to A-weighted sound pressure levels of 75 dBA and greater.

(3) The measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 75 dBA.

Noise Exposure Limits

7.03 The employer shall monitor the noise levels in a work place and shall ensure that, in any 24-hour period, no employee in the work place is exposed to an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2.

Reduction of Noise Exposure

7.04 The employer shall, to the extent that it is feasible using engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to noise in a work place to levels that do not exceed the exposure limits referred to in the schedule to this Part.

Hearing Protection

7.05 (1) The employer shall, as soon as feasible, provide every employee who is likely to be exposed to noise levels in a work place that exceed the exposure limits referred to in the schedule to this Part with a hearing protector that

• (a) meets the requirements set out in CSA Standard Z94.2-14 (R2024), entitled Hearing protection devices — Performance, selection, care, and use, as amended from time to time; and
• (b) prevents the employee from being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

(2) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement a program to train every employee who is provided a hearing protector on the fit, care and use of the hearing protector.

7.06 The employer shall ensure that every person to whom the employer grants access to a work place, other than an employee, uses a hearing protector that meets the condition referred to in paragraph 7.05(1)(a) if the person is likely to be exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

Warning Signs

7.07 The employer shall, at every work place where an employee may be exposed to an A-weighted sound pressure level greater than 85 dBA, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of noise.

Hazard Investigation

7.08 (1) If any employee in a work place is likely to be exposed to an A-weighted sound pressure level equal to or greater than 82 dBA for a duration of exposure that is likely to exceed the applicable duration set out in column 2 of the schedule to this Part, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the level of exposure to noise; and
• (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(2) The employer shall ensure that the following matters are considered in the investigation:

• (a) the sources of noise in the work place;
• (b) the A-weighted sound pressure levels to which an employee is likely to be exposed and the duration of such exposure;
• (c) the methods being used to reduce the exposure;
• (d) the likelihood of an employee being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part; and
• (e) the likelihood of an employee being exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(3) The employer shall ensure that — on completion of the investigation and after consultation with the work place committee or the health and safety representative — the person appointed to carry out the investigation makes, signs and dates a report that sets out

• (a) their observations respecting the matters considered in accordance with subsection (2);
• (b) their recommendations respecting the measures that should be taken to comply with sections 7.03 to 7.07; and
• (c) their recommendations respecting the employer’s selection of hearing protectors and their use by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(4) The employer shall make the report readily available for examination by the affected employees for a period of 10 years after the date of the report.

(5) If the report states that any employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA, the employer shall, without delay,

• (a) notify the employees of the results of the investigation; and
• (b) provide the employees with written information describing the hazards associated with exposure to high levels of noise.

Hearing Loss Prevention Program

7.09 If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and maintain a hearing loss prevention program that includes the following elements:

• (a) noise hazard detection;
• (b) noise exposure control;
• (c) the provision of hearing protectors that meet the requirements of section 7.05;
• (d) audiometric testing;
• (e) hazard communication; and
• (f) program performance monitoring.

7.1 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, evaluate the hearing loss prevention program at least once every 12 months to ensure its effectiveness.

(2) The employer shall ensure that the evaluation includes the elements listed in clause 12 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

Audiometric Testing

7.11 (1) If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall ensure that the employees are given audiometric tests administered by a qualified person in accordance with clause 8.3 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall ensure that an audiometric test is administered

• (a) as soon as feasible after the day on which the exposure to the noise starts, but not later than six months after that day; and
• (b) subject to subsection (4), at least once every 12 months after the day on which the test referred to in paragraph (a) is administered.

(3) The employer shall ensure that the audiometric test referred to in paragraph (2)(a) is administered after the employee has been away from the noise for a period of at least 12 hours.

(4) If an employee is exposed to a noise exposure level (L_ex,8) that is less than or equal to 105 dBA, the audiometric test referred to in paragraph (2)(b) may be administered every 24 months, rather than every 12 months, if, after four consecutive tests, there is

• (a) no hearing loss identified during testing;
• (b) no change to the type of hearing protector used by the employee nor to its use; and
• (c) no increase in the noise exposure level (L_ex,8) to which the employee is exposed.

Review of Audiometric Test Results

7.12 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the results of the audiometric tests referred to in subsection 7.11(1) as well as the analysis of those results. The individual results and the analysis of those results shall be provided to the employer by the qualified person referred to in that subsection.

(2) The employer shall provide an employee who was given an audiometric test under subsection 7.11(1) with their individual results.

(3) If any individual audiometric test result or the analysis of those results indicates a hearing threshold shift among employees that is consistent with exposure to noise levels that exceed the exposure limits referred to in the schedule to this Part, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, implement the measures listed in clause 8.4 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(4) The employer shall ensure that the individual audiometric test results and the analysis of those results that are communicated to a committee or representative referred to in subsection (3) do not contain any personal information allowing for the identification of any employee.

Record-keeping

7.13 The employer shall keep a record of the results of the audiometric tests referred to in subsection 7.11(1) in respect of each employee for a period of 20 years after the day of the termination of their employment.

7.14 (1) The employer shall keep a record of each evaluation that is conducted under subsection 7.1(1) in accordance with clause 11 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall keep each record referred to in subsection (1) for a period of 10 years following the day on which the evaluation is completed.

SCHEDULE

(Sections 7.03 and 7.04, subsection 7.05(1), section 7.06, subsections 7.08(1) and (2), section 7.09, subsections 7.11(1) and 7.12(3))

Noise Exposure Limits

Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure per employee per 24-hour period
80	24 hours
81	20 hours
82	16 hours
83	12 hours and 40 minutes
84	10 hours
85	8 hours
86	6 hours and 21 minutes
87	5 hours
88	4 hours
89	3 hours and 10 minutes
90	2 hours and 31 minutes
91	2 hours
92	1 hour and 35 minutes
93	1 hour and 16 minutes
94	1 hour
95	48 minutes
96	38 minutes
97	30 minutes
98	24 minutes
99	19 minutes
100	15 minutes
101	12 minutes
102	9 minutes
103	7 minutes and 36 seconds
104	6 minutes
105	4 minutes and 48 seconds
106	3 minutes and 48 seconds
107	3 minutes
108	2 minutes and 24 seconds
109	1 minute and 54 seconds
110	1 minute and 30 seconds
111	1 minute and 12 seconds
112	57 seconds
113	43 seconds
114	36 seconds
115	28 seconds
> 115	0 seconds

On Board Trains Occupational Health and Safety Regulations

2 Part IV of the On Board Trains Occupational Health and Safety Regulations ^{footnote 52} is replaced by the following:

PART IV
Sound Levels

Definitions

4.01 The following definitions apply in this Part.

A-weighted sound pressure level

means a sound pressure level, expressed in dBA, as determined by a measurement system that includes an A-weighting filter. (niveau de pression acoustique pondéré A)

dBA

means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

means the noise exposure level equal to a steady sound level in dBA that, if present in a work place for 8 hours per day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed during the total hours worked during a 24-hour period. (niveau d’exposition au bruit (L_ex,8))

sound pressure level

means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

4.02 (1) For the purposes of this Part, the employer shall ensure that the exposure of an employee to noise in a work place is measured

• (a) in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2 and 6.5.4 of CSA Standard Z107.56-18 (R2022), entitled Measurement of noise exposure, as amended from time; and
• (b) using an instrument that is recommended for that measurement under clause 4.3 of the standard and that meets the requirements for such an instrument set out in clause 4 of the standard.

(2) For the purposes of this Part, the employer shall ensure that the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed in a work place takes into account the exposure of the employee to A-weighted sound pressure levels of 75 dBA and greater.

(3) The measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 75 dBA.

Noise Exposure Limits

4.03 The employer shall monitor the noise levels in a work place and shall ensure that, in any 24-hour period, no employee in the work place is exposed to an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2.

Reduction of Noise Exposure

4.04 The employer shall, to the extent that it is feasible using engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to noise in a work place to levels that do not exceed the exposure limits referred to in the schedule to this Part.

Hearing Protection

4.05 (1) The employer shall, as soon as feasible, provide every employee who is likely to be exposed to noise levels in a work place that exceed the exposure limits referred to in the schedule to this Part with a hearing protector that

• (a) meets the requirements set out in CSA Standard Z94.2-14 (R2024), entitled Hearing protection devices – Performance, selection, care, and use, as amended from time to time; and
• (b) prevents the employee from being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

(2) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement a program to train every employee who is provided a hearing protector on the fit, care and use of the hearing protector.

4.06 The employer shall ensure that every person to whom the employer grants access to a work place, other than an employee, uses a hearing protector that meets the condition referred to in paragraph 4.05(1)(a) if the person is likely to be exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

Warning Signs

4.07 The employer shall, at every work place where an employee may be exposed to an A-weighted sound pressure level greater than 85 dBA, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of noise.

Hazard Investigation

4.08 (1) If any employee in a work place is likely to be exposed to an A-weighted sound pressure level equal to or greater than 82 dBA for a duration of exposure that is likely to exceed the applicable duration set out in column 2 of the schedule to this Part, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the level of exposure to noise; and
• (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(2) The employer shall ensure that the following matters are considered in the investigation:

• (a) the sources of noise in the work place;
• (b) the A-weighted sound pressure levels to which an employee is likely to be exposed and the duration of such exposure;
• (c) the methods being used to reduce the exposure;
• (d) the likelihood of an employee being exposed to noise levels that exceed the exposure limits set out in the schedule to this Part; and
• (e) the likelihood of an employee being exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(3) The employer shall ensure that — on completion of the investigation and after consultation with the work place committee or the health and safety representative — the person appointed to carry out the investigation makes, signs and dates a report that sets out

• (a) their observations respecting the matters considered in accordance with subsection (2);
• (b) their recommendations respecting the measures that should be taken to comply with sections 4.03 to 4.07; and
• (c) their recommendations respecting the employer’s selection of hearing protectors and their use by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(4) The employer shall make the report readily available for examination by the affected employees for a period of 10 years after the date of the report.

(5) If the report states that any employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA, the employer shall, without delay,

• (a) notify the employees of the results of the investigation; and
• (b) provide the employees with written information describing the hazards associated with exposure to high levels of noise.

Hearing Loss Prevention Program

4.09 If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and maintain a hearing loss prevention program that includes the following elements:

• (a) noise hazard detection;
• (b) noise exposure control;
• (c) the provision of hearing protectors that meet the requirements of section 4.05;
• (d) audiometric testing;
• (e) hazard communication; and
• (f) program performance monitoring.

4.1 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, evaluate the hearing loss prevention program at least once every 12 months to ensure its effectiveness.

(2) The employer shall ensure that the evaluation includes the elements listed in clause 12 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

Audiometric Testing

4.11 (1) If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall ensure that the employees are given audiometric tests administered by a qualified person in accordance with clause 8.3 of CSA Standard 1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall ensure that an audiometric test is administered

• (a) as soon as feasible after the day on which the exposure to the noise starts, but not later than six months after that day; and
• (b) subject to subsection (4), at least once every 12 months after the day on which the test referred to in paragraph (a) is administered.

(3) The employer shall ensure that the audiometric test referred to in paragraph (2)(a) is administered after the employee has been away from the noise for a period of at least 12 hours.

(4) If an employee is exposed to a noise exposure level (L_ex,8) that is less than or equal to 105 dBA, the audiometric test referred to in paragraph (2)(b) may be administered every 24 months, rather than every 12 months, if, after four consecutive tests, there is

• (a) no hearing loss identified during testing;
• (b) no change to the type of hearing protector used by the employee nor to its use; and
• (c) no increase in the noise exposure level (L_ex,8) to which the employee is exposed.

Review of Audiometric Test Results

4.12 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the results of the audiometric tests referred to in subsection 4.11(1) as well as the analysis of those results. The individual results and the analysis of those results shall be provided to the employer by the qualified person referred to in that subsection.

(2) The employer shall provide an employee who was given an audiometric test under subsection 4.11(1) with their individual results.

(3) If any individual audiometric test result or the analysis of those results indicates a hearing threshold shift among employees that is consistent with exposure to noise levels that exceed the exposure limits referred to in the schedule to this Part, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, implement the measures listed in clause 8.4 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(4) The employer shall ensure that the individual audiometric test results and the analysis of those results that are communicated to a committee or representative referred to in subsection (3) do not contain any personal information allowing for the identification of any employee.

Record-keeping

4.13 The employer shall keep a record of the results of the audiometric tests referred to in subsection 4.11(1) in respect of each employee for a period of 20 years after the day of the termination of their employment.

4.14 (1) The employer shall keep a record of each evaluation that is conducted under subsection 4.1(1) in accordance with clause 11 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall keep each record referred to in subsection (1) for a period of 10 years following the day on which the evaluation is completed.

SCHEDULE

(Sections 4.03 and 4.04, subsection 4.05(1), section 4.06, subsections 4.08(1) and (2), section 4.09 and subsections 4.11(1) and 4.12(3))

Noise Exposure Limits

Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure per employee per 24-hour period
80	24 hours
81	20 hours
82	16 hours
83	12 hours and 40 minutes
84	10 hours
85	8 hours
86	6 hours and 21 minutes
87	5 hours
88	4 hours
89	3 hours and 10 minutes
90	2 hours and 31 minutes
91	2 hours
92	1 hour and 35 minutes
93	1 hour and 16 minutes
94	1 hour
95	48 minutes
96	38 minutes
97	30 minutes
98	24 minutes
99	19 minutes
100	15 minutes
101	12 minutes
102	9 minutes
103	7 minutes and 36 seconds
104	6 minutes
105	4 minutes and 48 seconds
106	3 minutes and 48 seconds
107	3 minutes
108	2 minutes and 24 seconds
109	1 minute and 54 seconds
110	1 minute and 30 seconds
111	1 minute and 12 seconds
112	57 seconds
113	43 seconds
114	36 seconds
115	28 seconds
> 115	0 seconds

Regulations Made Under Part II of the Canada Labour Code Respecting Occupational Safety and Health of Employees Employed on or in Connection with Exploration or Drilling for, or the Production, Conservation, Processing or Transportation of, Oil or Gas in Canada Lands, as Defined in the Canada Oil and Gas Act

3 Part VIII of the Regulations Made Under Part II of the Canada Labour Code Respecting Occupational Safety and Health of Employees Employed on or in Connection with Exploration or Drilling for, or the Production, Conservation, Processing or Transportation of, Oil or Gas in Canada Lands, as Defined in the Canada Oil and Gas Act ^{footnote 53} is replaced by the following:

PART VIII
Sound Levels

Definitions

8.01 The following definitions apply in this Part.

A-weighted sound pressure level

means a sound pressure level, expressed in dBA, as determined by a measurement system that includes an A-weighting filter. (niveau de pression acoustique pondéré A)

dBA

means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

means the noise exposure level equal to a steady sound level in dBA that, if present in a work place for 8 hours per day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed during the total hours worked during a 24-hour period. (niveau d’exposition au bruit (L_ex,8))

sound pressure level

means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

8.02 (1) For the purposes of this Part, the employer shall ensure that the exposure of an employee to noise in a work place is measured

• (a) in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2 and 6.5.4 of CSA Standard Z107.56-18 (R2022), entitled Measurement of noise exposure, as amended from time; and
• (b) using an instrument that is recommended for that measurement under clause 4.3 of the standard and that meets the requirements for such an instrument set out in clause 4 of the standard.

(2) For the purposes of this Part, the employer shall ensure that the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed in a work place takes into account the exposure of the employee to A-weighted sound pressure levels of 75 dBA and greater.

(3) The measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 75 dBA.

Noise Exposure Limits

8.03 (1) Subject to subsection (2), the employer shall monitor the noise levels in a work place and shall ensure that, in any 24-hour period, no employee in the work place is exposed to an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2.

(2) The employer shall ensure that the continuous level of sound to which an employee is exposed in sleeping quarters does not exceed 60 dBA.

Reduction of Noise Exposure

8.04 The employer shall, to the extent that it is feasible using engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to noise in a work place to levels that do not exceed the exposure limits referred to in section 8.03.

Hearing Protection

8.05 (1) The employer shall, as soon as feasible, provide every employee who is likely to be exposed to noise levels in a work place that exceed the exposure limits referred to in the schedule to this Part with a hearing protector that

• (a) meets the requirements set out in CSA Standard Z94.2-14 (R2024), entitled Hearing protection devices — Performance, selection, care, and use, as amended from time to time; and
• (b) prevents the employee from being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

(2) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement a program to train every employee who is provided a hearing protector on the fit, care and use of the hearing protector.

8.06 The employer shall ensure that every person to whom the employer grants access to a work place, other than an employee, uses a hearing protector that meets the condition referred to in paragraph 8.05(1)(a) if the person is likely to be exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

Warning Signs

8.07 The employer shall, at every work place where an employee may be exposed to an A-weighted sound pressure level greater than 85 dBA, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of noise.

Hazard Investigation

8.08 (1) If any employee in a work place is likely be exposed to an A-weighted sound pressure level equal to or greater than 82 dBA for a duration of exposure that is likely to exceed the applicable duration set out in column 2 of the schedule to this Part, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the level of exposure to noise; and
• (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(2) The employer shall ensure that the following matters are considered in the investigation:

• (a) the sources of noise in the work place;
• (b) the A-weighted sound pressure levels to which an employee is likely to be exposed and the duration of such exposure;
• (c) the methods being used to reduce the exposure;
• (d) the likelihood of an employee being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part; and
• (e) the likelihood of an employee being exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(3) The employer shall ensure that — on completion of the investigation and after consultation with the work place committee or the health and safety representative — the person appointed to carry out the investigation makes, signs and dates a report that sets out

• (a) their observations respecting the matters considered in accordance with subsection (2);
• (b) their recommendations respecting the measures that should be taken to comply with sections 8.03 to 8.07; and
• (c) their recommendations respecting the employer’s selection of hearing protectors and their use by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(4) The employer shall make the report readily available for examination by the affected employees for a period of 10 years after the date of the report.

(5) If the report states that any employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA, the employer shall, without delay,

• (a) notify the employees of the results of the investigation; and
• (b) provide the employees with written information describing the hazards associated with exposure to high levels of noise.

Hearing Loss Prevention Program

8.09 If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and maintain a hearing loss prevention program that includes the following elements:

• (a) noise hazard detection;
• (b) noise exposure control;
• (c) the provision of hearing protectors that meet the requirements of section 8.05;
• (d) audiometric testing;
• (e) hazard communication; and
• (f) program performance monitoring.

8.1 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, evaluate the hearing loss prevention program at least once every 12 months to ensure its effectiveness.

(2) The employer shall ensure that the evaluation includes the elements listed in clause 12 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

Audiometric Testing

8.11 (1) If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall ensure that the employees are given audiometric tests administered by a qualified person in accordance with clause 8.3 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall ensure that an audiometric test is administered

• (a) as soon as feasible after the day on which the exposure to the noise starts, but not later than six months after that day; and
• (b) subject to subsection (4), at least once every 12 months after the day on which the test referred to in paragraph (a) is administered.

(3) The employer shall ensure that the audiometric test referred to in paragraph (2)(a) is administered after the employee has been away from the noise for a period of at least 12 hours.

(4) If an employee is exposed to a noise exposure level (L_ex,8) that is less than or equal to 105 dBA, the audiometric test referred to in paragraph (2)(b) may be administered every 24 months, rather than every 12 months, if, after four consecutive tests, there is

• (a) no hearing loss s identified during testing;
• (b) no change to the type of hearing protector used by the employee nor to its use; and
• (c) no increase in the noise exposure level (L_ex,8) to which the employee is exposed.

Review of Audiometric Test Results

8.12 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the results of the audiometric tests referred to in subsection 8.11(1) as well as the analysis of those results. The individual results and the analysis of those results shall be provided to the employer by the qualified person referred to in that subsection.

(2) The employer shall provide an employee who was given an audiometric test under subsection 8.11(1) with their individual results.

(3) If any individual audiometric test result or the analysis of those results indicates a hearing threshold shift among employees that is consistent with exposure to noise levels that exceed the exposure limits referred to in the schedule to this Part, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, implement the measures listed in clause 8.4 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(4) The employer shall ensure that the individual audiometric test results and the analysis of those results that are communicated to a committee or representative referred to in subsection (3) do not contain any personal information allowing for the identification of any employee.

Record-keeping

8.13 The employer shall keep a record of the results of the audiometric tests referred to in subsection 8.11(1) in respect of each employee for a period of 20 years after the day of the termination of their employment.

8.14 (1) The employer shall keep a record of each evaluation that is conducted under subsection 8.1(1) in accordance with clause 11 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall keep each record referred to in subsection (1) for a period of 10 years following the day on which the evaluation is completed.

SCHEDULE

(Subsection 8.03(1), subsection 8.05(1), section 8.06, subsections 8.08(1) and (2), section 8.09 and subsections 8.11(1) and 8.12(3))

Noise Exposure Limits

Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure per employee per 24-hour period
80	24 hours
81	20 hours
82	16 hours
83	12 hours and 40 minutes
84	10 hours
85	8 hours
86	6 hours and 21 minutes
87	5 hours
88	4 hours
89	3 hours and 10 minutes
90	2 hours and 31 minutes
91	2 hours
92	1 hour and 35 minutes
93	1 hour and 16 minutes
94	1 hour
95	48 minutes
96	38 minutes
97	30 minutes
98	24 minutes
99	19 minutes
100	15 minutes
101	12 minutes
102	9 minutes
103	7 minutes and 36 seconds
104	6 minutes
105	4 minutes and 48 seconds
106	3 minutes and 48 seconds
107	3 minutes
108	2 minutes and 24 seconds
109	1 minute and 54 seconds
110	1 minute and 30 seconds
111	1 minute and 12 seconds
112	57 seconds
113	43 seconds
114	36 seconds
115	28 seconds
> 115	0 seconds

Maritime Occupational Health and Safety Regulations

4 Part 12 of the Maritime Occupational Health and Safety Regulations ^{footnote 54} is replaced by the following:

PART 12
Sound Levels

Definitions

158 The following definitions apply in this Part.

A-weighted sound pressure level

means a sound pressure level, expressed in dBA, as determined by a measurement system that includes an A-weighting filter. (niveau de pression acoustique pondéré A)

dBA

means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

means the noise exposure level equal to a steady sound level in dBA that, if present in a work place for 8 hours per day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed during the total hours worked during a 24-hour period. (niveau d’exposition au bruit (L_ex,8))

sound pressure level

means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

159 (1) For the purposes of this Part, the employer shall ensure that the exposure of an employee to noise in a work place is measured

• (a) in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2 and 6.5.4 of CSA Standard Z107.56-18 (R2022), entitled Measurement of noise exposure, as amended from time; and
• (b) using an instrument that is recommended for that measurement under clause 4.3 of the standard and that meets the requirements for such an instrument set out in clause 4 of the standard.

(2) For the purposes of this Part, the employer shall ensure that the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed in a work place takes into account the exposure of the employee to A-weighted sound pressure levels of 75 dBA and greater.

(3) The measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 75 dBA.

Noise Exposure Limits

160 (1) Subject to subsection (2), the employer shall monitor the noise levels in a work place and shall ensure that, in any 24-hour period, no employee in the work place is exposed to an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2.

(2) The employer shall ensure that the continuous level of sound to which an employee is exposed in crew accommodation does not exceed

• (a) in the case of a vessel that is referred to in subsection 4(1) of the Vessel Construction and Equipment Regulations and is of 1,600 gross tonnage and above, the levels set out in paragraph 4.2.3 of the International Maritime Organization Resolution MSC.337(91), entitled Code on Noise Levels on Board Ships, as amended from time to time;
• (b) in the case of a grandfathered vessel that is referred to in section 8 of the Vessel Construction and Equipment Regulations, 75 dBA; and
• (c) in any other case, 75 dBA.

Reduction of Noise Exposure

161 The employer shall, to the extent that it is feasible using engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to noise in a work place to levels that do not exceed the exposure limits referred to in section 160.

Hearing Protection

162 (1) The employer shall, as soon as feasible, provide every employee who is likely to be exposed to noise levels in a work place that exceed the exposure limits referred to in the schedule to this Part with a hearing protector that

• (a) meets the requirements set out in CSA Standard Z94.2-14 (R2024), entitled Hearing protection devices — Performance, selection, care, and use, as amended from time to time; and
• (b) prevents the employee from being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

(2) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement a program to train every employee who is provided a hearing protector on the fit, care and use of the hearing protector.

163 The employer shall ensure that every person to whom the employer grants access to a work place, other than an employee, uses a hearing protector that meets the condition referred to in paragraph 162(1)(a) if the person is likely to be exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

Warning Signs

164 The employer shall, at every work place where an employee may be exposed to an A-weighted sound pressure level greater than 85 dBA, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of noise.

Hazard Investigation

164.1 (1) If any employee in a work place is likely to be exposed to an A-weighted sound pressure level equal to or greater than 82 dBA for a duration of exposure that is likely to exceed the applicable duration set out in column 2 of the schedule to this Part, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the level of exposure to noise; and
• (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(2) The employer shall ensure that the following matters are considered in the investigation:

• (a) the sources of noise in the work place;
• (b) the A-weighted sound pressure levels to which an employee is likely to be exposed and the duration of such exposure;
• (c) the methods being used to reduce the exposure;
• (d) the likelihood of an employee being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part; and
• (e) the likelihood of an employee being exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(3) The employer shall ensure that — on completion of the investigation and after consultation with the work place committee or the health and safety representative — the person appointed to carry out the investigation makes, signs and dates a report that sets out

• (a) their observations respecting the matters considered in accordance with subsection (2);
• (b) their recommendations respecting the measures that should be taken to comply with sections 160 to 164; and
• (c) their recommendations respecting the employer’s selection of hearing protectors and their use by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(4) The employer shall make the report readily available for examination by the affected employees for a period of 10 years after the date of the report.

(5) If the report states that any employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA, the employer shall, without delay,

• (a) notify the employees of the results of the investigation; and
• (b) provide the employees with written information describing the hazards associated with exposure to high levels of noise.

Hearing Loss Prevention Program

164.2 If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and maintain a hearing loss prevention program that includes the following elements:

• (a) noise hazard detection;
• (b) noise exposure control;
• (c) the provision of hearing protectors that meet the requirements of section 162;
• (d) audiometric testing;
• (e) hazard communication; and
• (f) program performance monitoring.

164.3 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, evaluate the hearing loss prevention program at least once every 12 months to ensure its effectiveness.

(2) The employer shall ensure that the evaluation includes the elements listed in clause 12 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

Audiometric Testing

164.4 (1) If it is not feasible for an employer to comply with subsection the schedule to this Part without providing hearing protectors, the employer shall ensure that the employees are given audiometric tests administered by a qualified person in accordance with clause 8.3 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall ensure that an audiometric test is administered

• (a) as soon as feasible after the day on which the exposure to the noise starts, but not later than six months after that day; and
• (b) subject to subsection (4), at least once every 12 months after the day on which the test referred to in paragraph (a) is administered.

(3) The employer shall ensure that the audiometric test referred to in paragraph (2)(a) is administered after the employee has been away from the noise for a period of at least 12 hours.

(4) If an employee is exposed to a noise exposure level (L_ex,8) that is less than or equal to 105 dBA, the audiometric test referred to in paragraph (2)(b) may be administered every 24 months, rather than every 12 months, if, after four consecutive tests, there is

• (a) no hearing loss s identified during testing;
• (b) no change to the type of hearing protector used by the employee nor to its use; and
• (c) no increase in the noise exposure level (L_ex,8) to which the employee is exposed.

Review of Audiometric Test Results

164.5 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the results of the audiometric tests referred to in subsection 164.4(1) as well as the analysis of those results. The individual results and the analysis of those results shall be provided to the employer by the qualified person referred to in that subsection.

(2) The employer shall provide an employee who was given an audiometric test under subsection 164.4(1) with their individual results.

(3) If any individual audiometric test result or the analysis of those results indicates a hearing threshold shift among employees that is consistent with exposure to noise levels that exceed the exposure limits referred to in the schedule to this Part, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, implement the measures listed in clause 8.4 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(4) The employer shall ensure that the individual audiometric test results and the analysis of those results that are communicated to a committee or representative referred to in subsection (3) do not contain any personal information allowing for the identification of any employee.

Record-keeping

164.6 The employer shall keep a record of the results of the audiometric tests referred to in subsection 164.4(1) in respect of each employee for a period of 20 years after the day of the termination of their employment.

164.7 (1) The employer shall keep a record of each evaluation that is conducted under subsection 164.3(1) in accordance with clause 11 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall keep each record referred to in subsection (1) for a period of 10 years following the day on which the evaluation is completed.

SCHEDULE

(Subsection 160(1), subsection 162(1), section 163, subsections 164.1(1) and (2), section 164.2 and subsections 164.4(1) and 164.5(3))

Noise Exposure Limits

Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure per employee per 24-hour period
80	24 hours
81	20 hours
82	16 hours
83	12 hours and 40 minutes
84	10 hours
85	8 hours
86	6 hours and 21 minutes
87	5 hours
88	4 hours
89	3 hours and 10 minutes
90	2 hours and 31 minutes
91	2 hours
92	1 hour and 35 minutes
93	1 hour and 16 minutes
94	1 hour
95	48 minutes
96	38 minutes
97	30 minutes
98	24 minutes
99	19 minutes
100	15 minutes
101	12 minutes
102	9 minutes
103	7 minutes and 36 seconds
104	6 minutes
105	4 minutes and 48 seconds
106	3 minutes and 48 seconds
107	3 minutes
108	2 minutes and 24 seconds
109	1 minute and 54 seconds
110	1 minute and 30 seconds
111	1 minute and 12 seconds
112	57 seconds
113	43 seconds
114	36 seconds
115	28 seconds
> 115	0 seconds

Aviation Occupational Health and Safety Regulations

5 Part 2 of the Aviation Occupational Health and Safety Regulations ^{footnote 55} is replaced by the following:

PART 2
Sound Levels

Definitions

2.01 The following definitions apply in this Part.

A-weighted sound pressure level

means a sound pressure level, expressed in dBA, as determined by a measurement system that includes an A-weighting filter. (niveau de pression acoustique pondéré A)

dBA

means decibel A-weighted and is a unit of A-weighted sound pressure level. (dBA)

noise exposure level (L_ex,8)

means the noise exposure level equal to a steady sound level in dBA that, if present in a work place for 8 hours per day, would contain the same total energy as that generated by the actual and varying sound levels to which a worker is exposed during the total hours worked during a 24-hour period. (niveau d’exposition au bruit (L_ex,8))

sound pressure level

means 20 times the logarithm to the base 10 of the ratio of the root mean square pressure of a sound to the reference sound pressure of 20 µPa, expressed in decibels. (niveau de pression acoustique)

Measurement and Calculation of Exposure

2.02 (1) For the purposes of this Part, the employer shall ensure that the exposure of an employee to noise in a work place is measured

• (a) in accordance with clauses 5, 6.4.1, 6.4.4, 6.5.2 and 6.5.4 of CSA Standard Z107.56-18 (R2022), entitled Measurement of noise exposure, as amended from time; and
• (b) using an instrument that is recommended for that measurement under clause 4.3 of the standard and that meets the requirements for such an instrument set out in clause 4 of the standard.

(2) For the purposes of this Part, the employer shall ensure that the measurement and calculation of the noise exposure level (L_ex,8) to which an employee is exposed in a work place takes into account the exposure of the employee to A-weighted sound pressure levels of 75 dBA and greater.

(3) The measurement and calculation of the noise exposure level (L_ex,8) may also take into account the exposure of the employee to A-weighted sound pressure levels that are less than 75 dBA.

Noise Exposure Limits

2.03 The employer shall monitor the noise levels in a work place and shall ensure that, in any 24-hour period, no employee in the work place is exposed to an A-weighted sound pressure level set out in column 1 of the schedule to this Part for a duration of exposure exceeding the applicable duration set out in column 2.

Reduction of Noise Exposure

2.04 The employer shall, to the extent that it is feasible using engineering controls or other physical means other than hearing protectors, reduce an employee’s exposure to noise in a work place to levels that do not exceed the exposure limits referred to in the schedule to this Part.

Hearing Protection

2.05 (1) The employer shall, as soon as feasible, provide every employee who is likely to be exposed to noise levels in a work place that exceed the exposure limits referred to in the schedule to this Part with a hearing protector that

• (a) meets the requirements set out in CSA Standard Z94.2-14 (R2024), entitled Hearing protection devices — Performance, selection, care, and use, as amended from time to time; and
• (b) prevents the employee from being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

(2) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop and implement a program to train every employee who is provided a hearing protector on the fit, care and use of the hearing protector.

2.06 The employer shall ensure that every person to whom the employer grants access to a work place, other than an employee, uses a hearing protector that meets the condition referred to in paragraph 2.05(1)(a) if the person is likely to be exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part.

Warning Signs

2.07 The employer shall, at every work place where an employee may be exposed to an A-weighted sound pressure level greater than 85 dBA, at conspicuous locations within the work place, post and keep posted signs warning of a potentially hazardous level of noise.

Hazard Investigation

2.08 (1) If any employee in a work place is likely to be exposed to an A-weighted sound pressure level equal to or greater than 82 dBA for a duration of exposure that is likely to exceed the applicable duration set out in column 2 of the schedule to this Part, the employer shall, without delay,

• (a) appoint a qualified person to carry out an investigation of the level of exposure to noise; and
• (b) notify the work place committee or the health and safety representative of the investigation and the name of the person appointed to carry out the investigation.

(2) The employer shall ensure that the following matters are considered in the investigation:

• (a) the sources of noise in the work place;
• (b) the A-weighted sound pressure levels to which an employee is likely to be exposed and the duration of such exposure;
• (c) the methods being used to reduce the exposure;
• (d) the likelihood of an employee being exposed to noise levels that exceed the exposure limits referred to in the schedule to this Part; and
• (e) the likelihood of an employee being exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(3) The employer shall ensure that — on completion of the investigation and after consultation with the work place committee or the health and safety representative — the person appointed to carry out the investigation makes, signs and dates a report that sets out

• (a) their observations respecting the matters considered in accordance with subsection (2);
• (b) their recommendations respecting the measures that should be taken to comply with sections 2.03 to 2.07; and
• (c) their recommendations respecting the employer’s selection of hearing protectors and their use by employees who are exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA.

(4) The employer shall make the report readily available for examination by the affected employees for a period of 10 years after the date of the report.

(5) If the report states that any employees are likely to be exposed to a noise exposure level (L_ex,8) equal to or greater than 82 dBA, the employer shall, without delay,

• (a) notify the employees of the results of the investigation; and
• (b) provide the employees with written information describing the hazards associated with exposure to high levels of noise.

Hearing Loss Prevention Program

2.09 If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, develop, implement and maintain a hearing loss prevention program that includes the following elements:

• (a) noise hazard detection;
• (b) noise exposure control;
• (c) the provision of hearing protectors that meet the requirements of section 2.05;
• (d) audiometric testing;
• (e) hazard communication; and
• (f) program performance monitoring.

2.1 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, evaluate the hearing loss prevention program at least once every 12 months to ensure its effectiveness.

(2) The employer shall ensure that the evaluation includes the elements listed in clause 12 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

Audiometric Testing

2.11 (1) If it is not feasible for an employer to comply with the schedule to this Part without providing hearing protectors, the employer shall ensure that the employees are given audiometric tests administered by a qualified person in accordance with clause 8.3 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall ensure that an audiometric test is administered

• (a) as soon as feasible after the day on which the exposure to the noise starts, but not later than six months after that day; and
• (b) subject to subsection (4), at least once every 12 months after the day on which the test referred to in paragraph (a) is administered.

(3) The employer shall ensure that the audiometric test referred to in paragraph (2)(a) is administered after the employee has been away from the noise for a period of at least 12 hours.

(4) If an employee is exposed to a noise exposure level (L_ex,8) that is less than or equal to 105 dBA, the audiometric test referred to in paragraph (2)(b) may be administered every 24 months, rather than every 12 months, if, after four consecutive tests, there is

• (a) no hearing loss s identified during testing;
• (b) no change to the type of hearing protector used by the employee nor to its use; and
• (c) no increase in the noise exposure level (L_ex,8) to which the employee is exposed.

Review of Audiometric Test Results

2.12 (1) The employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, review the results of the audiometric tests referred to in subsection 2.11(1) as well as the analysis of those results. The individual results and the analysis of those results shall be provided to the employer by the qualified person referred to in that subsection.

(2) The employer shall provide an employee who was given an audiometric test under subsection 2.11(1) with their individual results.

(3) If any individual audiometric test result or the analysis of those results indicates a hearing threshold shift among employees that is consistent with exposure to noise levels that exceed the exposure limits referred to in the schedule to this Part, the employer shall, in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative, implement the measures listed in clause 8.4 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(4) The employer shall ensure that the individual audiometric test results and the analysis of those results that are communicated to a committee or representative referred to in subsection (3) do not contain any personal information allowing for the identification of any employee.

Record-keeping

2.13 The employer shall keep a record of the results of the audiometric tests referred to in subsection 2.11(1) in respect of each employee for a period of 20 years after the day of the termination of their employment.

2.14 (1) The employer shall keep a record of each evaluation that is conducted under subsection 2.1(1) in accordance with clause 11 of CSA Standard Z1007:22, entitled Hearing loss prevention program (HLPP) management, as amended from time to time.

(2) The employer shall keep each record referred to in subsection (1) for a period of 10 years following the day on which the evaluation is completed.

SCHEDULE

(Sections 2.03 and 2.04, subsection 2.05(1), section 2.06, subsections 2.08(1) and (2), section 2.09 and subsections 2.11(1) and 2.12(3))

Noise Exposure Limits

Column 1 A-weighted sound pressure level (dBA)	Column 2 Maximum duration of exposure per employee per 24-hour period
80	24 hours
81	20 hours
82	16 hours
83	12 hours and 40 minutes
84	10 hours
85	8 hours
86	6 hours and 21 minutes
87	5 hours
88	4 hours
89	3 hours and 10 minutes
90	2 hours and 31 minutes
91	2 hours
92	1 hour and 35 minutes
93	1 hour and 16 minutes
94	1 hour
95	48 minutes
96	38 minutes
97	30 minutes
98	24 minutes
99	19 minutes
100	15 minutes
101	12 minutes
102	9 minutes
103	7 minutes and 36 seconds
104	6 minutes
105	4 minutes and 48 seconds
106	3 minutes and 48 seconds
107	3 minutes
108	2 minutes and 24 seconds
109	1 minute and 54 seconds
110	1 minute and 30 seconds
111	1 minute and 12 seconds
112	57 seconds
113	43 seconds
114	36 seconds
115	28 seconds
> 115	0 seconds

Administrative Monetary Penalties (Canada Labour Code) Regulations

6 Items 228 to 252 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations^{footnote 56} are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
228	7.02(1)(a)	B
229	7.02(1)(b)	B
230	7.02(2)	B
231	7.03	D
232	7.04	D
233	7.05(1)(a)	D
234	7.05(1)(b)	D
235	7.05(2)	C
236	7.06	D
237	7.07	C
238	7.08(1)(a)	B
239	7.08(1)(b)	A
240	7.08(2)(a)	B
241	7.08(2)(b)	B
242	7.08(2)(c)	B
243	7.08(2)(d)	B
244	7.08(2)(e)	B
245	7.08(3)(a)	B
246	7.08(3)(b)	B
247	7.08(3)(c)	B
248	7.08(4)	A
249	7.08(5)(a)	A
250	7.08(5)(b)	C
251	7.09(a)	C
252	7.09(b)	C
252.01	7.09(c)	C
252.02	7.09(d)	C
252.03	7.09(e)	C
252.04	7.09(f)	C
252.05	7.1(1)	C
252.06	7.1(2)	C
252.07	7.11(1)	C
252.08	7.11(2)(a)	C
252.09	7.11(2)(b)	C
252.1	7.11(3)	C
252.11	7.12(1)	C
252.12	7.12(2)	C
252.13	7.12(3)	C
252.14	7.12(4)	A
252.15	7.13	A
252.16	7.14(1)	A
252.17	7.14(2)	A

7 Items 2 to 25 of Division 2 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
2	2.02(1)(a)	B
3	2.02(1)(b)	B
4	2.02(2)	B
5	2.03	D
6	2.04	D
7	2.05(1)(a)	D
8	2.05(1)(b)	D
9	2.05(2)	C
10	2.06	D
11	2.07	C
12	2.08(1)(a)	B
13	2.08(1)(b)	A
14	2.08(2)(a)	B
15	2.08(2)(b)	B
16	2.08(2)(c)	B
17	2.08(2)(d)	B
18	2.08(2)(e)	B
19	2.08(3)(a)	B
20	2.08(3)(b)	B
21	2.08(3)(c)	B
22	2.08(4)	A
23	2.08(5)(a)	A
24	2.08(5)(b)	C
25	2.09(a)	C
25.01	2.09(b)	C
25.02	2.09(c)	C
25.03	2.09(d)	C
25.04	2.09(e)	C
25.05	2.09(f)	C
25.06	2.1(1)	C
25.07	2.1(2)	C
25.08	2.11(1)	C
25.09	2.11(2)(a)	C
25.1	2.11(2)(b)	C
25.11	2.11(3)	C
25.12	2.12(1)	C
25.13	2.12(2)	C
25.14	2.12(3)	C
25.15	2.12(4)	A
25.16	2.13	A
25.17	2.14(1)	A
25.18	2.14(2)	A

8 Items 459 to 483 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
441	159(1)(a)	B
442	159(1)(b)	B
443	159(2)	B
444	160(1)	D
445	160(2)(a)	D
446	160(2)(b)	D
447	160(2)(c)	D
448	161	D
449	162(1)(a)	D
450	162(1)(b)	D
451	162(2)	C
452	163	D
453	164	C
454	164.1(1)(a)	B
455	164.1(1)(b)	A
456	164.1(2)(a)	B
457	164.1(2)(b)	B
458	164.1(2)(c)	B
459	164.1(2)(d)	B
460	164.1(2)(e)	B
461	164.1(3)(a)	B
462	164.1(3)(b)	B
463	164.1(3)(c)	B
464	164.1(4)	A
465	164.1(5)(a)	A
466	164.1(5)(b)	C
467	164.2(a)	C
468	164.2(b)	C
469	164.2(c)	C
470	164.2(d)	C
471	164.2(e)	C
472	164.2(f)	C
473	164.3(1)	C
474	164.3(2)	C
475	164.4(1)	C
476	164.4(2)(a)	C
477	164.4(2)(b)	C
478	164.4(3)	C
479	164.5(1)	C
480	164.5(2)	C
481	164.5(3)	C
482	164.5(4)	A
483	164.6	A
483.1	164.7(1)	A
483.2	164.7(2)	A

9 Items 140 to 150 of Division 5 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
140	8.02(1)(a)	B
141	8.02(1)(b)	B
142	8.02(2)	B
143	8.03(1)	D
144	8.03(2)	D
145	8.04	D
146	8.05(1)(a)	D
147	8.05(1)(b)	D
148	8.05(2)	C
149	8.06	D
150	8.07	C
150.01	8.08(1)(a)	B
150.02	8.08(1)(b)	A
150.03	8.08(2)(a)	B
150.04	8.08(2)(b)	B
150.05	8.08(2)(c)	B
150.06	8.08(2)(d)	B
150.07	8.08(2)(e)	B
150.08	8.08(3)(a)	B
150.09	8.08(3)(b)	B
150.1	8.08(3)(c)	B
150.11	8.08(4)	A
150.12	8.08(5)(a)	A
150.13	8.08(5)(b)	C
150.14	8.09(a)	C
150.15	8.09(b)	C
150.16	8.09(c)	C
150.17	8.09(d)	C
150.18	8.09(e)	C
150.19	8.09(f)	C
150.2	8.1(1)	C
150.21	8.1(2)	C
150.22	8.11(1)	C
150.23	8.11(2)(a)	C
150.24	8.11(2)(b)	C
150.25	8.11(3)	C
150.26	8.12(1)	C
150.27	8.12(2)	C
150.28	8.12(3)	C
150.29	8.12(4)	A
150.3	8.13	A
150.31	8.14(1)	A
150.32	8.14(2)	A

10 Items 23 to 46 of Division 6 of Part 2 of Schedule 1 to the Regulations are replaced by the following:

Item	Column 1 Provision	Column 2 Violation Type
23	4.02(1)(a)	B
24	4.02(1)(b)	B
25	4.02(2)	B
26	4.03	D
27	4.04	D
28	4.05(1)(a)	D
29	4.05(1)(b)	D
30	4.05(2)	C
31	4.06	D
32	4.07	C
33	4.08(1)(a)	B
34	4.08(1)(b)	A
35	4.08(2)(a)	B
36	4.08(2)(b)	B
37	4.08(2)(c)	B
38	4.08(2)(d)	B
39	4.08(2)(e)	B
40	4.08(3)(a)	B
41	4.08(3)(b)	B
42	4.08(3)(c)	B
43	4.08(4)	A
44	4.08(5)(a)	A
45	4.08(5)(b)	C
46	4.09(a)	C
46.01	4.09(b)	C
46.02	4.09(c)	C
46.03	4.09(d)	C
46.04	4.09(e)	C
46.05	4.09(f)	C
46.06	4.1(1)	C
46.07	4.1(2)	C
46.08	4.11(1)	C
46.09	4.11(2)(a)	C
46.1	4.11(2)(b)	C
46.11	4.11(3)	C
46.12	4.12(1)	C
46.13	4.12(2)	C
46.14	4.12(3)	C
46.15	4.12(4)	A
46.16	4.13	A
46.17	4.14(1)	A
46.18	4.14(2)	A

Coming into Force

11 These Regulations come into force one year after the day on which they are registered.

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

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