OHSA exemption notice on noise monitoring for mobile plants
SHE Alert 10, 30 March 2026
On 20 March 2026, the Chief Inspector published a notice in terms of section 40 of the Occupational Health and Safety Act, 85 of 1993 (OHSA), granting an exemption relating to regulation 8(3) of the Noise Exposure Regulations, 2024.
The notice allows for the use of Type 2 personal noise exposure meters to determine noise zones for mobile plant or machinery that does not operate from a fixed location.
The exemption is valid for a period of three years, until 2 February 2029, or until withdrawn by the Chief Inspector.
While this introduces some flexibility for operations involving mobile equipment, it does not reduce the underlying compliance requirements.
What clients should consider
The Noise Exposure Regulations ("NER") were published on 6 March 2025, and will come into effect on 5 September 2026.
In terms of regulation 8(3) of the NER an employer must implement a noise exposure monitoring programme that, amongst other things, ensures that area noise exposure monitoring as well as personal
dosimetry monitoring is conducted in accordance with SANS 10083.
The 2026 exemption allows the use of Type 2 personal noise exposure meters for a single-seat mobile plant or machinery.
Employers that choose to make use of Type 2 personal noise exposure meters, must ensure compliance with the conditions set out in the exemption notice.
While the exemption offers operational flexibility, it introduces significant compliance requirements that apply for as long as it remains in force. Employers should ensure any reliance on the exemption is assessed against the applicable regulatory framework and monitoring obligations.
For more information or assitance please contact Liezl Sterne.