Control of Noise at Work Regulations to come into force for music and entertainment sectors

E020:08 April 4 2008

The Control of Noise at Work Regulations 2005 (Noise Regulations) will come into force for the music and entertainment sectors on 6th April bringing them in line with all other sectors where the regulations have been in force since April 2006. The noise regulations will now apply to pubs and clubs, amplified live music events, orchestras and other premises where live music or recorded music is played (see editors notes).

Thousands of people are exposed to loud noise at work, with 170,000 people in the UK suffering deafness, tinnitus or other ear conditions, as a result of exposure to excessive noise at work. These regulations aim to ensure workers' hearing is protected from excessive noise at work, implement a European Commission Directive, and replace the Noise at Work Regulations 1989.

The regulations will introduce the following changes:

• the level at which employers must ensure hearing protection is worn and where necessary hearing protection zones are signposted is now 85 decibels daily or weekly average exposure and the level at which employers must assess the risk to workers' health and provide them with information and training and access to hearing protection should they wish to use it is now 80 decibels (daily or weekly average exposure).
• there is also an exposure limit value of 87 decibels, taking account of any reduction in exposure provided by hearing protection, above which workers must not be exposed.

The regulations will require employers to:

• assess the risks to employees from noise at work;
• take action to reduce the noise exposure that produces those risks;
• provide employees with hearing protection if it is not possible to reduce the noise exposure enough using other methods;
• make sure the legal limits on noise exposure are not exceeded;
• provide employees with information, instruction and training;
• carry out health surveillance where there is a risk to health.

Employees will have a duty to comply with the measures their employers introduce under the Control of Noise at Work Regulations in accordance with his or her instructions. This includes using control measures where present, wearing hearing protection when required; taking care of hearing protection and noise control equipment provided and reporting any defects or difficulties in using them. Employees also have a duty to present themselves during working hours for health surveillance where this is required.

Further information can be found by visiting: http://www.hse.gov.uk/noise/musicsound.htm

Notes to editors

1. The Control of Noise at Work Regulations replace the Noise at Work Regulations 1989 which previously applied to this and all other sectors. These regulations will implement a European Directive, which lowers the noise levels at which action must be taken to control noise risks.
2. The full text of the Control of Noise at Work Regulations 2005 can be viewed at: http://www.legislation.gov.uk/uksi/2005/1643/contents/made
3. The transitional period was for two years from April 2006 to April 2008 and applied to all workplaces where live music was played; or recorded music was played in a restaurant, bar, public house, discotheque or nightclub or alongside live music or a live dramatic or dance performance.
4. A legal guide by the HSE is available for the Noise Regulations - Controlling noise at work (L108) and related free leaflets. HSE is also working with industry to produce sector-specific guidance, which is due to be published in July.
5. Noise is measured in decibels (dB). An 'A-weighting' sometimes written as 'dB(A)', is used to measure average noise levels, and a 'C-weighting' or 'dB(C)', to measure peak, impact or explosive noises. You might just notice a 3 dB change in noise level, because of the way our ears work. Yet every 3 dB doubles the noise, so what might seem like small differences in the numbers can be quite significant.
6. The Regulations allow employers to average exposure over a 8hour day or a week. Where employees are only exposed for short periods of time over a day or for only one or two days a week the overall exposure could be below the level at which action is required.

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