Noise regulations come into force

E044:06 6 April 2006

The Health and Safety Executive (HSE) is reminding employers that the Control of Noise at Work Regulations 2005 come into force today. The regulations replace the existing Noise at Work Regulations 1989 for all industries in Great Britain except music and entertainment, which have until April 2008 to comply.

Welcoming the new regulations health and safety minister Lord Hunt of Kings Heath said, "With over one million employees in Great Britain exposed to levels of noise at work which could damage hearing the new regulations will reduce exposure without placing unnecessary burdens on employers."

It is hoped that full compliance with the regulations will eliminate all new cases of hearing damage caused by work by 2030. The Regulations put the emphasis on identifying measures to eliminate or reduce risks from exposure to noise at work rather than simply relying on hearing protection, although this may also be needed in the short term.

Workplaces, which fell within the scope of the 1989 Regulations, should already have measures in place and the main effect is likely to be a need to review their risk assessments and prioritise their noise-control measures. Employees whose use of hearing protection under the 1989 Regulations was advisory will now have to wear the protection supplied.

Brian Lamb, Director of Communications at RNID, says: "We welcome the new Control of Noise at Work Regulations. Prolonged exposure to loud noise can cause permanent hearing loss and employers have a legal duty to cut down noise and protect their employees from the harmful effects of noise at work. However, employees also have to play their part and use the hearing protection available to them.

"Noise induced hearing loss is often cumulative and not immediately obvious, so its threat is seldom recognised or taken seriously. Whilst the effects of noise are irreversible, noise induced hearing loss is totally preventable."

Employees newly covered by the Regulations are at relatively lower risk, and the employer will need to put in place proportionate noise reduction measures and provide hearing protection on request.

For more information about the Regulations and simple steps that can be taken to reduce employee noise exposure visit: www.hse.gov.uk/noise

Notes to editors

1 The simple rules of thumb that may indicate you have a noise problem are:

• You're surrounded by intrusive noise for most of the working day
• You have to raise your voice to be heard by someone just 2 metres away, for at least part of the day
• You use noisy powered tools or machinery for more than 30 minutes a day
• You work in a noisy industry such as construction, road repair, engineering or manufacturing
• Your work causes impacts such as hammering, drop forging, pneumatic impact tools, etc.
• You work with explosive sources such as cartridge-operated tools, detonators, or guns

2 The Control of Noise at Work Regulations 2005 require employers to:

• Assess the risks to their employees from noise at work
• Take action to reduce the noise exposure that produces those risks
• Provide their employees with hearing protection if they cannot reduce the noise exposure enough through other methods (making hearing protection available on request at 80 dB and ensuring it is worn at 85 dB)
• Make sure the legal limits on noise exposure (87 dB daily or weekly exposure or peak sound pressure of 140 dB taking account of hearing protection) are not exceeded
• Provide employees with information, instruction and training
• Carry out health surveillance where there is a risk to health

3 The main changes in the Regulations are to lower exposure action levels. As of 6 April these will be lowered by 5 dB in comparison to the 1989 Regulations, to 80 dB for the lower exposure action value and 85 dB for the upper exposure action value.

4 Employers should always be looking to eliminate or reduce risks from noise, and the exposure action values are points at which the employers must take specific action. At the lower exposure action value a risk assessment is needed, employees told about the risks and hearing protection must be made available on request; and at the upper exposure action value noise control should be part of a planned programme, hearing checks are needed and hearing protection must be used.

5 Exposure is assessed over a working day, or a week if exposure varies markedly from day to day. Exposure to members of the public from their non-work activities is not covered by the Regulations. Also low-level noise, which, while it may be a nuisance, presents no risk to hearing damage, is not covered by the Regulations.

6 Employers in the music and entertainment sectors have a further two years transitional period, as the new Regulations do not come in to force in these sectors until 6 April 2008. Meanwhile they must continue to comply with the Noise at Work Regulation 1989 by ensuring they minimise the risk of hearing damage to their employees.

7 HSE has produced a simple guide to the Regulations and advice for employers to reduce exposure. This can be downloaded from www.hse.gov.uk/pubns/indg362.htm

Copies of Controlling noise at work L108, ISBN 0 7176 6164 4, price £13.95, are available from HSE Books.

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