| On 6 April 2006 the Control of Noise at Work | | | | assessment to identify the measures that need to |
| Regulations 2005 ("the Regulations") came into force, | | | | be taken to meet the requirements of the |
| replacing the Noise at Work Regulations 1989 ("the | | | | Regulations. In conducting the risk assessment the |
| Old Regulations"). The only exception to this is for | | | | employer will need to assess the level of noise. |
| the music and entertainment sectors, which will not | | | | If noise levels exceed a daily or weekly limit, steps |
| have to comply with the more stringent regime | | | | will need to be taken. These will include: |
| introduced by the Regulations until 6 April 2008. | | | | |
| The Regulations are designed to reduce the number | | | | 1. Considering taking some or all of the steps set out |
| of incidents of workplace deafness. Figures reported | | | | in Regulation 6(3). These include: |
| by the HSE reveal that in 2004 there were 325 new | | | | 2. - Adopting working methods which reduce |
| cases of noise induced deafness. Overall, according to | | | | exposure to noise; |
| the most recent HSE Self Reported Work Related | | | | 3. - using work equipment emitting the least possible |
| Illness Survey, an estimated 74,000 people in Great | | | | noise, taking account of the work to be done; |
| Britain believe they are suffering from a hearing | | | | 4. - Altering the design and layout of workplaces, |
| problem that was caused or made worse by their | | | | work stations and rest facilities; |
| current or past work. | | | | 5. - Limiting the duration and intensity of the |
| What obligations do the Regulations create? | | | | exposure to noise; |
| At their most simplistic, the Regulations require action | | | | 6. - Adopting appropriate work schedules with |
| to be taken when noise exceeds certain limits. These | | | | adequate rest periods; |
| limits, which are set out in Regulation 4, relate to: | | | | 7. Making suitable hearing protection available |
| | | | (Regulation 7(1)); |
| 1. The levels of exposure to noise over a working | | | | 8. Providing health surveillance, including hearing |
| day or week; and | | | | checks, to those at risk (Regulation 9); and |
| 2. The maximum noise (peak sound pressure) in a | | | | 9. Provide worker information and training (Regulation |
| working day. | | | | 10). |
| The values are: | | | | If noise levels are likely to reach or exceed an Upper |
| | | | Exposure Limit then Regulation 6(2) states that an |
| 1. Lower Exposure Limits | | | | employer must reduce exposure to as low a level as |
| * Daily or weekly exposure of 80 dB | | | | is reasonably practicable by establishing and |
| * Peak sound pressure of 135 dB | | | | implementing a programme of organisational and |
| 2. Upper Exposure Limits | | | | technical measures that are appropriate to the |
| * Daily or weekly exposure of 85 dB | | | | activity but without using hearing protectors. Again |
| * Peak sound pressure of 137 dB | | | | this will require the employer to consider implementing |
| 3. Maximum Exposure Limits | | | | some or all of the steps set out in Regulation 6(3) as |
| * Daily or weekly exposure of 87 dB | | | | well as providing training and health surveillance as |
| * Peak sound pressure of 140 dB | | | | above. |
| To be appreciated, these figures need to be put in | | | | If an employer is unable by other means to reduce |
| context. According to information published by the | | | | the levels of noise to which an employee is likely to |
| HSE, you would expect a quiet office to emit noise | | | | be exposed to below an Upper Exposure Limit then, |
| equivalent to 40-50dB; a tractor cab to emit noise | | | | under Regulation 7(2), he must provide exposed |
| equivalent to 80-90dB; a road drill to emit noise | | | | employees with personal hearing protectors. |
| equivalent to 100-110 dB; and a jet aircraft taking off | | | | The maximum Exposure Limit must never be |
| 25m away to emit noise equivalent to 140 dB. | | | | exceeded. Under Regulation 6 (4) if the maximum |
| Under the Old Regulations, the action levels were set | | | | exposure Limits are exceeded the employer is under |
| at 85 dB and 90dB. The Lower and Upper Exposure | | | | a duty to identify the reason for this and to take |
| Limits therefore necessitate a reduction of 5dB. | | | | steps to prevent it happening again. |
| Taken as a percentage of the total this may appear | | | | Conclusions |
| to be a small reduction in noise limits. However, 3dB | | | | The above represents only a very brief outline of |
| doubles the noise level and, consequently, the | | | | the Regulations. However, even from this, it is clear |
| reductions required are not insubstantial. | | | | that employers need to be aware of the new |
| What action must be taken? | | | | requirements set out within the Regulations. They |
| The starting point, contained within Regulation 6(1), | | | | identify the measures that employers' will have to |
| requires employers to ensure that the risk of his | | | | take to protect their employees (and by extension |
| employees to exposure to noise is either eliminated | | | | themselves) from the effects of noise. Importantly, |
| at source or, where this is not reasonably practicable, | | | | employers previously unaffected by the Old |
| reduced to as low a level as is reasonably practicable. | | | | Regulations will now have to comply with the |
| This requirement represents the underlying obligation | | | | Regulations. |
| upon employers. | | | | Employers who breach the Regulations risk maximum |
| If noise levels are liable to exceed a Lower Exposure | | | | fines of £20,000 in the County Court and |
| Limit then the employer must carry out a risk | | | | unlimited fines in the High Court. |