Control of Noise at Work
Much of the noise people will be exposed to during their lives will be at work and this is a problem for employers. A Medical Research Council survey in 1997-98 estimated that there were 509,000 people in Great Britain suffering from hearing difficulties as a result of exposure to noise at work. Noise at the workplace and noise induced hearing loss remains a major problem and employers need to be keenly aware of their obligations as regards the noise that their staff are subjected to, especially as these obligations have been revised recently.
Statutory requirements relating to noise at work generally are contained in the Control of Noise at Work Regulations 2005 which came into force on 6 April 2006. These Regulations replace the Noise at Work Regulations 1989, except for the music and entertainment sectors where the 1989 Regulations will continue to apply until 6 April 2008. The aim of the Regulations is to ensure that workers' hearing is protected from excessive noise at work which could cause them to lose their hearing. The need to update the legislation in this area came as a result of the European Union's Physical Agents (Noise) Directive (2003/10/EC) which intended comparable laws to be implemented throughout the EU.
In accordance with the revised Regulations, an employer who carries out work which is liable to expose any employees to noise at or above a certain level shall make a suitable and sufficient assessment of the risk from that noise to the health and safety of those employees. The risk assessment should also identify the measures which need to be taken to meet the requirements of the Regulations. The risk assessment should include consideration of the level, type and duration of exposure and as with all risk assessments should be reviewed regularly.
The level at which employers must provide hearing protection and hearing protection zones is now 85 decibels and the level at which employers must assess the risk to workers' health and provide them with information and training is now 80 decibels.
These requirements are in addition to the general requirements and duties that are placed on employers under the Health and Safety at Work Act 1974.
Not unsurprisingly, the revised Regulations impose stricter controls. For example, employers are now required to take action to protect workers at levels of noise 5 decibels lower than in the 1989 Regulations.
Employers in the music and entertainment sectors have been given more time to adapt, but the vast majority of employers should be complying with the new Regulations now.
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Tim Dixon or Nita King on 01793 527141 or alternatively by email on Tim.Dixon@lemon-co.co.uk or Nita.King@lemon-co.co.uk.
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Much of the noise people will be exposed to during their lives will be at work and this is a problem for employers. A Medical Research Council survey in 1997-98 estimated that there were 509,000 people in Great Britain suffering from hearing difficulties as a result of exposure to noise at work...</p>
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