Consultation on new Noise and Work Regulations

HSC press release: C014:04 - 5 April 2004

The Health and Safety Commission (HSC) has today published a consultative document on the proposed regulations and guidance implementing the European Physical Agents (Noise) Directive.

The regulations are about protecting workers from exposure to noise, which is still a problem in many industries. It is estimated they will extend protection to around one million new workers, in addition to the same number protected under current law.

Noise can induce deafness or persistent ringing in the ears (tinnitus). Once damage is done it is permanent, and may affect quality of life; but it can be prevented.

The main changes from the existing regulations are the reduction by 5 decibels (dB) of the exposure levels at which action has to be taken. The new exposure levels will be 80 dB and 85 dB, with a limit of 87 dB on personal noise exposure. This will mean that some employers who already take action to control noise may have to do more. Others who do not have to do anything now may have to start taking action. For most employers, the new regulations will come into force in February 2006.

HSE has consulted widely during negotiation and implementation of the Directive, maintaining contact with over 500 organisations and individuals. With welcome support from external stakeholders during negotiation of the Directive, UK officials were successful in minimising the burdens on industry without detracting from the benefits to workers' health. In particular:

• the limitation on personal noise exposure now allows hearing protection to be taken into account. This means that industry is not restrained in its activities providing it has done its best to reduce noise and workers wear appropriate hearing protection;
  
• the limitation on personal noise exposure was set at 87 dB rather than 85 dB;
  
• where noise exposure varies from day to day, it can be averaged over a week rather than over eight hours. This will release many occasionally exposed workers from many of the provisions of the Directive; and
  
• the original requirement for health surveillance at 80 dB has been qualified so that it only applies where there is a risk to health. This will avoid unnecessary medical intervention since normally there is little risk to hearing at this level.

Bill Callaghan, Chair of the Health and Safety Commission, said: "This is a key stage. I appreciate that the document is lengthy. I hope that does not put anyone off responding. Please take this opportunity to assist in making these regulations and the associated guidance workable and useful."

Gary Booton of the Engineering Employers Federation and Chair of the Engineering Industry Noise Task Group commented: "The new noise directive will present a major challenge to manufacturing industry. We are working with HSE and other partners to introduce effective controls that place the emphasis on control at source rather than hearing protection."

Hugh Robertson, Head of Health and Safety at the TUC, said: "The TUC has long campaigned for stronger measures to protect workers from the effects of noise, and welcomes the consultation, which will hopefully lead to new, more effective measures to help prevent hearing loss caused by work."

Alison Wright-Reid, an expert working with orchestral musicians on noise issues, added: "Obviously, controlling noise exposure in an orchestra is a challenge, but musicians suffer and they need to be protected. Compliance doesn't mean giving up and going home - the orchestra noise teams I've worked with are ingenious, practical and daring in devising ways to protect players' hearing. I'm now working with the HSE and other stakeholders to produce practical guidance for the sector."

The consultation will be of interest to:

• employers who use noisy machinery or processes; ·
• people who work in a noisy environment; ·
• those who manufacture machinery and equipment;
• those who represent or advise any of these groups.

Copies of the consultation document, Proposals for new Control of Noise at Work Regulations implementing the Physical Agents (Noise) Directive (2003/10/EC) (ref: CD196) are available free from HSE Books, PO Book 1999, Sudbury, Suffolk, CO10 2WA, tel: 01781-881165 or fax 01787-313995. Copies can also be accessed via HSE's website at: http://www.hse.gov.uk/consult/live.htm

Comments on HSC's proposals should be sent to Andie Michael, Hazards and Technical Policy Division, Health and Safety Executive, 6th Floor, North Wing, Rose Court,
2 Southwark Bridge, London, SE1 9HS, by no later than 21 June 2004.

Notes for editors

1. A wide range of industries and occupations will be affected, in particular construction, engineering, manufacturing, agriculture, transport, mining, quarrying, music and entertainment and the armed forces.

2. The Directive aims to protect workers from risks to their health and safety arising or likely to arise from exposure to noise and in particular the risk to hearing. It replaces a 1986 Directive (86/188/EC) on this subject that was implemented in the UK by the Noise at Work Regulations 1989.

3. The objective of the Directive is to ensure the health and safety of individual workers and to avoid possible distortions of competition.

4. HSE has prepared a Regulatory Impact Assessment for the proposed changes and this is included in the consultative document.

5. The consensus from UK music sector representatives is that, while they do not want to be excluded from the scope of the regulations, the regulations should recognise their particular needs. A two-year transitional period, until February 2008, gives some time during which specific guidance can be produced. HSE is working with stakeholders from the music and entertainment sector to draft this guidance.

6. Alison Wright-Reid is a freelance consultant qualified in occupational hygiene, acoustics and health and safety management. She is the author of the report for the Association of British Orchestras, A Sound Ear, which explores the issues of noise damage in orchestras.

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