The law
The new Noise at Work Regulations 2005, which came into effect in April 2006, revoke the Noise at Work Regulations 1989 and introduce new requirements (except for the music and entertainment sectors where they will come into force on 6 April 2008 replacing the 1989 Noise Regulations).
Employers duties
You have a legal duty under the Noise Regulations to reduce the risk of damage to your employees’ hearing.
The main requirements apply where employees’ noise exposure is likely to be at or above any of three ‘action levels’. Two of the action levels are values of ‘daily personal exposure to noise’. These depend on the noise levels in the working area and how long people are exposed to the noise. The values take account of noise exposure over the whole working day, shift or week:
What are the action levels and limits?
The Noise Regulations require you to take specific action at certain action values. These relate to:
■ the levels of exposure to noise averaged over a working day or week; and
■ the maximum noise (peak sound pressure) to which employees are exposed in a working day.
The values are:
■ Lower action values:
– Daily or weekly exposure of 80 dB (A);
– Peak sound pressure of 135 dB (A);
■ Upper action values:
– Daily or weekly exposure of 85 dB (A);
– Peak sound pressure of 137 dB (C).
There are also levels of noise exposure, which must not be exceeded:
■ exposure limit values:
– Daily or weekly exposure of 87 dB (A);
– Peak sound pressure of 140 dB (C).
These exposure limit values take account of any reduction in exposure provided by hearing protection.
If any of your employees is likely to be exposed to the first or peak action level or above, you must arrange for a competent person to assess the actual level of noise exposure. A competent person should know how to carry out a noise assessment in the particular circumstances of the workplace – the ability to do the job properly and to know their limits is more important than formal qualifications. The aim of the noise assessment is to:
- Identify the workers at risk from hearing damage (so you can prepare an action plan to control noise exposure);
- Determine the daily personal noise exposure (LEP,d) of workers;
- Identify additional information to comply with the legislation, eg whether noise control measures or hearing protection are needed, and, if so, where and what type.
You should:
- Keep a record of the noise assessment;
- Regularly review the noise assessment - the law requires it to be reviewed whenever there is a change to the process or new equipment which may alter noise levels. It is good practice to review your assessment every two years, as noise levels can change over time as, for example, machinery wears out or working practices change;
- Use the assessment to develop an action plan for introducing noise control measures.
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