Noise
Safety, Health and Welfare at Work (General Application) Regulations 2007
Chapter 1 — Control of Noise at Work
Interpretation.
120. In this Chapter:
“daily noise exposure level” expressed as (LEX, 8h) (dB)(A) re: 20 μPa) means the time-weighted average of the noise exposure level for a nominal eight-hour working day as defined by international standard ISO (International Organization for Standardization 1999: 1990, point 3.6, covering all noises present at work, including impulsive noise;
“exposure action values” mean the daily noise exposure level or peak sound pressure level which, if exceeded for any employee, requires specified action to be taken to reduce risk;
“exposure limit value” means the level of daily noise exposure or peak sound pressure which must not be exceeded for any employee;
“noise” means any audible sound;
“peak sound pressure” expressed as (p peak) means the maximum value of the “C”-frequency weighted instantaneous noise pressure;
“weekly noise exposure level” expressed as (LEX, 8h) means the time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999: 1990, point 3.6 (note 2).
Application.
121. This Chapter, subject to Regulation 122, applies to activities in which employees are or are likely to be exposed to risks to their safety and health arising from exposure to noise during their work and, in particular, the risk to hearing.
Transitional periods.
122. (1) In the case of employees on board seagoing vessels, Regulation 128 does not apply until 15 February 2011.
(2) Taking account of Regulation 3(1)(z) and (2), this Chapter does not apply to the music and entertainment sectors until 15 February 2008.
Exposure limit values and exposure action values.
123. (1) For the purposes of this Chapter, the exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure are as follows:
(a) exposure limit values—
LEX,8h = 87 dB(A) and ppeak = 140dB(C) in relation to 20 μPa;
(b) upper exposure action values—
LEX,8h = 85 dB(A) and ppeak = 137dB(C) in relation to 20 μPa;
(c) lower exposure action values—
LEX,8h = 80 dB(A) and ppeak = 135dB(C) in relation to 20 μPa.
(2) An employer, when applying the exposure limit values referred to in paragraph (1)(a) in determining an employee’s effective exposure, shall take account of the attenuation provided by individual hearing protectors worn by the employee.
(3) The exposure action values referred to in paragraphs (1)(b) and (c) apply irrespective of the attenuating effect of any such hearing protectors as referred to in paragraph (2).
(4) For activities where the daily noise exposure varies markedly from one working day to the next, an employer, for the purposes of applying the exposure limit values and the exposure action values, may use the weekly noise exposure level in place of the daily noise exposure level to assess the levels of noise to which the employer’s employees are exposed, provided that—
(a) the weekly noise exposure level as shown by adequate monitoring does not exceed the exposure limit value of 87db(A), and
(b) appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.
Determination and assessment of risks above a lower exposure action value.
124. An employer shall—
(a) without prejudice to sections 19 and 20 of the Act, where employees are liable to be exposed to noise at work above a lower exposure action value, in consultation with the employer’s employees or their representatives, or both, make a suitable and appropriate assessment of the risk arising from such exposure,
(b) in carrying out the risk assessment referred to in paragraph (a), if necessary measure the levels of noise to which the employer’s employees are exposed,
(c) be responsible for the assessment referred to in paragraphs (a) and (b) being planned and carried out competently at suitable intervals and for ensuring that any sampling is representative of the daily personal exposure of an employee to noise,
(d) ensure that the methods and apparatus used in the measurement of noise at work for the purposes of this Chapter are adapted to—
(i) the prevailing conditions, particularly in the light of the characteristics of the noise to be measured,
(ii) the length of exposure, ambient factors, and
(iii) the characteristics of the measuring apparatus, and
that it is possible to—
(I) determine the parameters defined in Regulation 120, and
(II) decide, whether in a given case, the values specified in Regulation 123 have been exceeded,
(e) give particular attention when carrying out a risk assessment under this Regulation to the following—
(i) the level, type and duration of exposure, including any exposure to impulsive noise,
(ii) the exposure limit values and the exposure action values specified in Regulation 123,
(iii) the effects of exposure to noise on employees whose safety or health is at particular risk from such exposure,
(iv) as far as technically possible, any effects on employees’ safety and health resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations,
(v) any indirect effects on employees’ safety or health resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents,
(vi) any information on noise emission provided by the manufacturers of work equipment in accordance with section 16 of the Act,
(vii) the availability of alternative equipment designed to reduce noise emission,
(viii) the extension of exposure to noise beyond normal working hours under the employer’s responsibility,
(ix) appropriate information obtained from health surveillance including, where possible, published information, and
(x) the availability of hearing protectors with adequate attenuation characteristics,
(f) without prejudice to section 19(3) of the Act, review a risk assessment undertaken for the purposes of this Chapter where the results of health surveillance undertaken in accordance with Regulation 131 show it to be necessary,
(g) record in the safety statement drawn up pursuant to section 20 of the Act—
(i) the findings of the risk assessment as soon as it is practicable after it is made and
(ii) the steps which he or she has taken to comply with Regulations 125 to 130 and
(h) review the assessment and, if necessary, the measurement referred to in paragraph (b) at suitable intervals and, in particular, where either of the conditions specified in section 19(3) (a) and (b) of the Act are met.
Provisions aimed at avoiding or reducing exposure.
125. An employer shall—
(a) in compliance with the general principles of prevention set out in Schedule 3 to the Act, and in consultation with the employer’s employees or representatives, or both ensure, so far as is reasonably practicable, that the risk arising from exposure of the employer’s employees to noise is either eliminated at source or reduced to a minimum,
(b) in complying with paragraph (a), take into account, in particular—
(i) other methods of work which eliminate or reduce exposure to noise,
(ii) the choice of appropriate work equipment, taking account of the work to be done, emitting the least possible noise, including the possibility of making available to employees work equipment in compliance with section 16 of the Act with the aim or effect of limiting exposure to noise,
(iii) the design and layout of places of work and workstations,
(iv) adequate information and training to instruct employees to use work equipment correctly and safely in order to reduce their exposure to noise to a minimum,
(v) noise reduction by technical means, such as—
(I) reducing air-borne noise, for instance by use of shields, enclosures and sound absorbent coverings,
(II) reducing structure-borne noise, for instance by damping or isolation,
(vi) appropriate maintenance programmes for work equipment, the place of work workstations and systems of work, and
(vii) organisation of work to reduce noise by –
(I) limiting the duration and intensity of the exposure, and
(II) arranging appropriate work schedules with adequate rest periods,
(c) where, owing to the nature of the activity, rest facilities are provided, ensure that noise in those facilities is reduced to a level compatible with their purpose and the conditions of use, and
(d) adapt any measure taken in compliance with this Regulation and Regulations 126 and 127, to take account of any employee whose safety or health is at particular risk from exposure to noise.
Application of upper exposure action values.
126. If a risk assessment referred to in Regulation 124 indicates that an upper exposure action value is exceeded, an employer shall establish and implement a programme of technical or organisational measures, or both, designed to reduce exposure to noise, taking into account, in particular, the measures referred to in Regulation 125.
Prevention of exposure above noise level of 85dB(A).
127. If a risk assessment indicates that there are workstations within the place of work where employees are likely to be exposed to noise above 85dB(A), an employer shall—
(a) display mandatory warning signs, in accordance with Chapter 1, Part 7, to convey information that—
(i) the noise levels at those workstations are likely to exceed that upper exposure action value, and
(ii) hearing protectors are available and must be worn, and
(b) ensure that the workstations are protected from unauthorised access by barriers or other suitable means that are technically feasible and justified by the risk of exposure.
Application of exposure limit value.
128. Subject to Regulation 122, an employer shall ensure that—
(a) the employer’s employees are not exposed to noise above the exposure limit value,
or
(b) if, despite the measures taken to comply with this Chapter, exposure above the exposure limit value is detected—
(i) immediate action is taken to reduce exposure to noise to below the exposure limit value,
(ii) the reasons for that limit being exceeded are identified, and
(iii) the organisational and technical measures taken in accordance with Regulation 125 are amended to prevent the exposure limit value being exceeded again.
Personal protection.
129. (1) An employer shall—
(a) in accordance with sections 8, 9, 10, 13 and 14 of the Act, and where the risks arising from exposure to noise cannot be prevented by other means, make available appropriate, properly fitting, individual hearing protectors which comply with the relevant statutory provisions,
(b) where noise exposure exceeds the lower exposure action values, make individual hearing protectors available,
(c) ensure that individual hearing protectors referred to in subparagraph (a) are selected following consultation with the employees concerned or their representatives, or both, so as to eliminate the risk to hearing or reduce the risk to a minimum, and
(d) ensure, so far as is reasonably practicable, that—
(i) hearing protectors are used in accordance with paragraph (2), and
(ii) the measures taken under this Regulation are effective.
(2) An employee whose exposure to noise equals or exceeds the upper exposure action values shall use individual hearing protectors.
Employee information, training and consultation.
130. An employer shall—
(a) without prejudice to sections 9 and 10 of the Act, where the employer’s employees are exposed to noise at work at or above the lower exposure action value, provide them or their representatives, or both, with suitable and sufficient information and training relating to risks resulting from exposure to noise,
(b) ensure that, without prejudice to the generality of paragraph (a), the information and training provided under that paragraph includes—
(i) the nature of such risks,
(ii) the organisational and technical measures taken in order to comply with Regulation 125,
(iii) the exposure limit values and the exposure action values specified in Regulation 123,
(iv) the results of the assessment and measurements of the noise carried out in accordance with Regulation 124 and an explanation of their significance and the potential risks,
(v) the correct use of hearing protectors,
(vi) why and how to detect and report signs of hearing damage,
(vii) the circumstances in which health surveillance is made available to employees and its purpose, in accordance with Regulation 131,
(viii) safe working practices to minimise exposure to noise, and
(c) ensure that the consultation of employees in relation to this Chapter is effected in accordance with section 26 of the Act and includes in particular consultation in regard to Regulations 124(a), 125(a) and 129(1)(c).
Health surveillance, records and effects.
131. (1) Without prejudice to section 22 of the Act, an employer shall—
(a) in the case of employees whose exposure exceeds an upper exposure action value make available to them the services of a registered medical practitioner to carry out or to have carried out on his or her responsibility, a hearing check, and
(b) in the case of employees whose exposure exceeds a lower exposure action value make available to them preventive audiometric testing.
(2) The purpose of hearing checks and audiometric tests referred to in paragraph (1) shall be to provide early diagnosis of any hearing loss due to noise and to assist in the preservation of hearing.
(3) An employer shall—
(a) ensure that—
(i) a health record in respect of each of the employer’s employees who undergoes health surveillance in accordance with paragraph (1) is made and maintained and
(ii) the record or a copy of it is kept available in a suitable form so as to permit appropriate access at a later date, taking into account any confidentiality concerns,
(b) on request, allow an employee access to his or her personal health record,
(c) provide the Authority with copies of such health records as the Authority may require, and
(d) if the employer ceases to trade, notify the Authority forthwith in writing and make available to the Authority all health records kept by the employer in accordance with this Chapter.
(4) Where, as a result of surveillance of the hearing function in accordance with this Regulation, an employee is found to have identifiable hearing damage, the employer shall ensure that a registered medical practitioner assesses whether such damage is likely to be the result of exposure to noise at work and, if so established—
(a) every relevant employee shall be informed by the registered medical practitioner of the result which relates to the employee personally; and
(b) the employer shall—
(i) review the risk assessment carried out in accordance with Regulation 124,
(ii) review the measures provided to eliminate or reduce risks in accordance with Regulation 125,
(iii) take into account the advice of the registered medical practitioner or other suitably qualified person, or the Authority, in implementing any measures required to eliminate or reduce risk in accordance with Regulations 125 to 130, including the possibility of assigning the employee to alternative work where there is no risk of further exposure, and
(iv) arrange systematic health surveillance and provide for a review of the health status of any other employee who has been similarly exposed.
Exemptions.
132. (1) Subject to paragraphs (2) to (4), the Authority, in exceptional situations, by a certificate in writing, may exempt any person or class of persons from Regulations 128 and 129 where because of the nature of the work, the full and proper use of personal hearing protectors would be likely to cause greater risk to safety or health than not using such protectors.
(2) An exemption under paragraph (1) may be granted subject to conditions including a limit of time not exceeding 4 years.
(3) The Authority shall not grant an exemption under this Chapter unless—
(a) the Authority consults—
(i) representatives of employers and employees, and
(ii) any other persons
as the Authority considers appropriate,
(b) the risks resulting from the exemption concerned are reduced, so far as is reasonably practicable, to a minimum, and
(c) appropriate health surveillance is available to the employees concerned.
(4) The Authority, by a certificate in writing, may revoke an exemption under paragraph (1 at any time as soon as the justifying circumstances no longer obtain.