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Summary of the Control of Noise at Work Regulations 2005
In addition to the general obligations that employers have to protect under the terms of the Health and Safety at Work etc Act 1974, the law also requires specific steps to be taken under the Noise at Work Regulations 1989. These regulations are soon to be replaced by the Control of Noise at Work Regulations 2005, which come into force 6 April 2006. Please note that this does not give a comprehensive coverage of the new Regulations, and you are advised to examine these separately should you be in doubt regarding any aspect. The new Regulations are avaiable on the OPSI website. A full explanation of all aspects of the Regulations is given in the HSE publication 'Controlling Noise at Work' ISBN 0-7176-6164-4, obtainable from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS Tel 01787 881165 Fax 01787 313995.
Employers should note that where a word has been highlighted, this indicates that there is a legal obligation to comply with this requirement. If the Regulations are not complied with, and an employee or other person suffers noise induced hearing damage as a consequence, then the employer may be prosecuted by the Health and Safety Executive or Local Authority for failing to ensure the health, safety and welfare of their employees. In addition, it is likely that the affected person would then bring a civil action against the employer. Should the action be successful - and non-compliance with the Regulations would be telling evidence - the damages awarded are likely to be sunstantial.
Regulation 1 Citation and comment
Regulation 2 Interpretation
Defines 'daily personal noise exposure' and the action levels. Also indicates those persons to whom the Regulations apply.
Regulation 3 Application
Gives details of exceptions.
Regulation 4 Exposure limit values and action values
Specifies the Exposure Action Values, Exposure Limit Value and allows for weekly averaging in some circumstances..
Regulation 5 Risk Assessments
Requires a risk assessment to be carried out if employees are likely to be exposed to levels above the Lower Exposure Action Value (LEAV). Specifies the content of the risk assessment.
Regulation 6 Elimination or control of exposure to noise
The employer shall ensure that risk from noise is either eliminated at source or reduced to as low a level as is reasonably practicable. This requirement was part of the 1989 Regulations but employers should take note that this requirement is seen by the HSE as central to compliance with the new Regulations and they will be looking for Action Plans to reduce noise exposure.
Regulation 7 Hearing Protection
An employer who carries out work which is likely to expose any employees to noise at or above the LEAV shall make personal hearing protectors available on request. If they are likely to be exposed to the Upper EAV, hearing protectors must be provided and the employee must wear them. Also requires Hearing Protection Zones to be demarked where necesssary. Employers should note that the requirement to reduce noise levels still remains.
Regulation 8 Maintenance and Use of Equipment
Employers shall ensure protective equipment is used by employees, and that the equipment is properly maintained. Employees shall use the protective equipment as directed and shall report defects.
Regulation 9 Health Surveillance
If employees are exposed to the UEAV you must carry out regular hearing checks, normally by using the services of an audiologist and records must be maintained.
Regulation 10 Information, Instruction and Training
If employees are exposed to levels at or above the LEAV employers must provide them and their representatives with suitable and sufficient information, instruction and training. The detail of the training is given in this regulation and it is quite extensive. 10dB Acoustics can provide suitable training sessions to ensure the Regulations are complied with.
Regulation 11 Exemptions
Gives details of circumstances under which exemptions may be granted by the Health and Safety Executive. There are likely to be very few.
Regulation 12 Exemptions for Emergency Services
Most likely to apply to Police armed response teams and possibly the Fire Service
Regulation 13 Exemptions relating to the Ministry of Defence
Regulation 14 Extension outside Great Britain
Extends the Regualtions to include activities to which the H&SAW etc Act 1974 (Application Outside Great Britain) Order 2001 applies
Regulation 15 Revocations, amendments and savings
Gives the music and entertainment sectors until 6 April 2008 to comply with the new Regulations. NOTE - The old ones still apply!
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