Following introduction of the Control of Noise at Work Regulations 2005 (CNWR), a Local Authority’s Enforcement Team felt that its pubs, clubs and music halls would, in many cases, need to “design out” problems of employee exposure to excessive noise levels in order to achieve compliance with the legislation. Accordingly, when the Authority’s Alcohol Licensing Team became aware of a forthcoming bar or club refurbishment, a standard letter was sent out to the Designer, outlining the requirements of the CNWR. The letter incorporated information on the duties placed upon the designer under the Construction Design and Management Regulations 2007 (CDM). This enabled the Designer to be made aware of the requirements placed upon the Client by the legislation and the local authority at an early stage in the project.
(A copy of the letter is attached below).
Local Authorities can incorporate CDM into a range of proactive health and safety initiatives they are already undertaking in order to influence the safer build, use and maintenance of premises. CDM provides an early opportunity to inform and influence the Designer, which ultimately saves their Client the expense and inconvenience of having to make alterations to achieve H&S compliance once the project is completed.
The Case Study demonstrates that CDM can be incorporated into initiatives already built in to the Service Plan and that a good working relationship with other Departments such as Licensing, Planning, Building Control and Highways can be harnessed to further promote improved workplace health and safety.
Refurbishment of ...............................................
Control of Noise at Work Regulations 2005
Construction (Design and Management) Regulations 2007
Dear.........
I understand that you / your company are currently acting as designer / architect for refurbishment works.
You may be aware that the Control of Noise at Work Regulations 2005 were due for implementation within the Music & Entertainment Industry in April 2008. This of course includes pubs and clubs.
These regulations place requirements for the elimination or control of exposure to noise in the workplace upon employers. They introduce stringent “Exposure limit and action values”. These new values represent a significant reduction to previously allowed levels of noise exposure. Details may be found at http://www.hse.gov.uk/noise/index.htm along with guidance on noise control for the Music and Entertainment Industry.
General principles concerning the prevention of risk include the design or re-design of workplaces and the choice of equipment in order to reduce that risk. These principles and the requirement of regulation 11(3)(e) of The Construction (Design & Management) Regulations 2007 (CDM) place a duty on designers to avoid foreseeable risks to the health and safety of persons using a structure designed as a workplace.
An appropriate opportunity to improve premises for the health and safety of users is during a major refit. By considering appropriate measures at the design stage, the noise exposure of workers can be reduced whilst still maintaining sufficient music volumes for customer enjoyment. The HSE has set up a special Web site that advises the music and entertainment sector on practical ways of controlling such entertainment noise. Details can be found at:
http://soundadvice.info/pubsandclubs/pubsandclubs-step3.htm.
Alternatively, you may wish to seek advice from a competent acoustician.
Enforcement visits to (Local Authority)’s Music Pubs & Clubs are likely to commence in (date). However, to comply with CDM you should consider incorporating improved noise control measures into designs now, rather than having to revisit the issue at a later date.
Yours (etc),
cc :Pub / Club License Holder.
This case study was kindly provided by:
John Theobald
Environmental Health Officer
Commercial Regulation Team, Swindon
Tel: 01793 466160
Fax: 01793 466153
email: jtheobald@swindon.gov.uk
Further information may be obtained from John (contact details above)