Application (r3)
health surveillance duty (r9) does not extend to those who are not employees; information, instruction and training duty (r10) does not extend to those who are not employees, unless they are present in the workplace where the work is being carried out.
Exposure limit values and action values (r4)
Measured as personal daily (8 hour) noise exposures, LEP,d
Lower exposure action values (EAV)
80 dB(A) LEP,d ; Peak 135 dB(C)
Upper exposure action values
85 dB(A) LEP,d ; Peak 137 dB(C)
Exposure limit values (ELV)
87dB(A) LEP,d ; Peak 140 dB (C); these (ELVs) are measured at the ear taking account of hearing protection.
Option to use weekly personal noise exposure where exposure varies markedly from day to day.
Risk assessment (r5)
Where work is liable to expose employees at or above lower EAV make a suitable and sufficient assessment by
observing working practices; referring to relevant information; if necessary measuring, and consider:
- Level, type and duration of exposure
- Effects of exposure on employees whose health is at particular risk
- SFARP effects resulting from the interaction with ototoxic substances (those chemicals such as solvents that can act in combination with noise to cause further damage to hearing than the noise or chemical exposure alone).
- Indirect effects arising from the interaction between noise and audible warning signals or other sounds that need to be audible in order to reduce risk.
- Information provided by manufacturers
- Availability of alternative equipment
- Any extension of exposure to noise beyond normal working hours, including exposure in rest facilities.
- Information from health surveillance
- Availability of personal hearing protectors with adequate attenuation
RA to be reviewed regularly if reason to suspect that may no longer be valid or significant change in the work and any changes to be made.
Employees to be consulted on the RA. Record significant findings and measures taken.
Elimination or control of exposure (r6)
Ensure that risks from noise are either eliminated at source or, where not RP, reduced to as low as RP. If likely to be exposure above upper EAV, reduce exposure to as low as RP by establishing and implementing a programme of organisational and technical measures (excluding the provision of hearing protectors).
The above actions shall be based on the MHSW Regs and include consideration of:
- Other working methods which reduce exposure to noise
- Choice of appropriate equipment emitting least possible noise
- The design and layout of workplaces, work stations and rest facilities
- Suitable and sufficient information and training for employees, on the correct use of equipment for example
- Reduction of noise by technical means
- Appropriate maintenance programmes for work equipment, the workplace and work systems
- Limiting the duration and intensity of noise exposure
- Appropriate work schedules with adequate rest periods
Ensure that employees are not exposed to noise above an ELV, or if an ELV is exceeded forthwith:
- Reduce exposure below the ELV
- Identify the reason for it being exceeded
- Modify the organisational and technical measures taken to prevent the ELV being exceeded again.
Ensure that exposure to noise in rest facilities is reduced to a suitable level.
Adapt measures to any employee(s) whose health is likely to be at particular risk Consult employees, or their representatives, on measures to be taken to comply.
Hearing protection (r7)
To be made available on request at or above the lower EAV (80dB(A))
To be provided at or above upper EAV (85dB(A)) NB. obligation on employer to reduce noise below the upper EAV.
At or above upper EAV – clearly identify Hearing Protection Zone (Health and Safety (Safety Signs and Signals Regulations) 1996, and access restricted where practicable and justifiable.
Select hearing protectors to eliminate the risk to hearing or reduce as low as RP after consultation with employees.
Maintenance and use of equipment (r8)
Ensure SFARP that anything provided to comply with the regs is fully and properly used, and maintained in an efficient state, in efficient working order and in good repair.
Every employee shall make full and proper use of personal hearing protectors and of other control measures, and if he discovers any defect report to his employer as soon as is practicable.
Health surveillance (r9)
If the RA indicates that there is a risk to the health of employees who are, or are liable to be, exposed to noise,
ensure that the employees are placed under suitable health surveillance (HS), which shall include testing of their hearing.
Ensure that a health record is made and maintained for every employee who undergoes HS, kept in a suitable form.
On reasonable notice allow employees access to their personal health record, and provide enforcing authority with copies as required.
Where, as a result of HS, an employee is found to have identifiable hearing damage ensure that the employee is examined by a doctor, and if the doctor or specialist consider the damage is likely to be the result of exposure to noise:
- Ensure that a suitably qualified person informs the employee
- Review the risk assessment
- Review any measure taken to comply with regulations 6,7 and 8 taking into account any advice given by a doctor or OH professional, or enforcing authority
- Consider assigning the employee to alternative work where there is no risk of further exposure to noise, (taking account of doctor’s or other OH professional advice)
- Ensure continued HS and provide for a review of the health of any other employee who has been similarly exposed.
Employees’ duty to attend HS at employer’s expense.
Information, instruction and training (r10)
Provide employees and their representatives, with suitable and sufficient information, instruction and training where exposure is likely to be at or above the lower EAV.
The information, instruction and training shall include:
- The nature of risks from exposure to noise
- The organisational and technical measures taken to comply with r6
- The ELVs and upper and lower EAVs in r4
- The significant findings of risk assessment, including any measurements taken, with an explanation of those findings
- The availability and provision of personal hearing protectors under r7 and their correct use in accordance with r8
- Why and how to detect and report signs of hearing damage
- The entitlement to HS under r9 and its purposes
- Safe working practices to minimise exposure to noise
- The collective results of any HS in a form calculated to prevent those results from being identified as relating to a particular person.
The information, instruction and training shall be updated to take account of significant changes in the type of work carried out or the working methods used.
Ensure that any person, whether or not an employee, carrying out work for the employer, has suitable and sufficient information, instruction and training.
Schedule 1
formulae – Pt 1: Daily Personal Noise Exposure Levels; Pt 2 Weekly Personal Noise Exposure Levels.
Schedule 2
formula Peak Sound Pressure Level.
The Control Of Noise At Work Regulations 2005(SI 2005 No 1643) http://www.opsi.gov.uk/si/si2005/20051643.htm)
L108, Controlling noise at work, The Control Of Noise At Work Regulations 2005(Guidance) (ISBN 0 7176 6164 4) 2005
HSG138, Sound Solutions, Techniques to reduce noise at work (ISBN 07176 0791 7) 1995
Noise toolbox talk pack (ISBN 0 7176 2998 8) 2006
Abbreviations
EAV – Exposure action value
ELV – Exposure limit value
HS – Health surveillance
MHSW – Management of Health and Safety at Work
OH – Occupational health
RP – Reasonably practicable
SFARP – So far as is reasonably practicable
These summary sheets are designed to help users become familiar with the practical requirements of key health and safety law. Please note that only the Courts can authoritatively interpret the law, and users are advised to check the legislation proper and associated codes of practice or guidance where necessary. Consequently, EEF is not responsible for any acts or omissions arising from the use of these sheets.
Throughout the summary sheets series, use of the term ‘shall’ indicate a strict duty, but ‘should’ or ‘could’ indicate a qualified duty such as ‘shall, so far as is reasonably practicable’.
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