The Control Of Noise At Work Regulations 2005 place a duty on all employers and self-employed persons to protect themselves, their employees and anyone else in the workplace against risks to their health and safety arising from exposure to noise at work, so far as is reasonably practicable.
These regulations replace the previous (1989) Noise Regulations and contain some important differences:
- The lower and upper action values are both 5 dB(A) less than in the 1989 regulations. The values in the 2005 regulations are 80 dB(A) and 85 dB(A) respectively (see note below.)
- The new regulations introduce a new daily exposure limit value of 87 dB(A) or 140 dB(C) peak sound pressure. This limit is ‘at the eardrum’ after taking into account the effect of any hearing protection being worn.
- The new regulations include a specific requirement to conduct health surveillance where there is a risk to health. (This was not part of the 1989 regulations.)
Note — the differences are much more significant than they first appear because the dB(A) scale is logarithmic and not linear. A 3 dB(A) increase in noise level doubles the exposure, similarly a 3 dB(A) drop halves the exposure. Clearly, the new regulations will impact on noisy workplaces as the new action values are only 32 percent of the previous values (i.e. a 68 percent reduction).
The actions related to the lower and upper action values are:
- If exposure levels exceed the lower action value (80 dB(A)) but are less than the second exposure action value (85 dB(A)), you must provide suitable hearing protectors (free of charge). You must also make employees and any other person in the workplace aware of their availability but need not insist on their use.
- Where exposure exceeds the second exposure action value (85 dB(A)), you must put suitable arrangements in place to ensure that all exposed persons use the hearing protectors at all times while in the workplace.
Action values relate to the daily ‘dose’ of noise received by an operator and do not necessarily reflect the noise level in any one area. For example, an automatic machine may generate a constant 87 dB(A), but if the machine setter is only in the area two hours per day, the daily dose received would be 81 dB(A), reducing exposure from above to below the second action value.
If the Exposure Limit Value is exceeded, the noise exposure must be immediately brought back below the value, and the reason for it being exceeded must be identified. Measures must be taken to prevent it from being exceeded again.
Noise assessments are not, therefore, based only on readings taken from a calibrated sound level meter and should only be completed by a trained and competent person, i.e. someone with appropriate knowledge and experience to determine the actual risks to employees and others, where relevant.