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SCOPE AND STANDING OF DOCUMENTATION:
The new regulations will be legislation and have legal standing within all premises where noise may affect persons at work.
PURPOSE OF DOCUMENTATION:
These new regulations replace the current legislation which controls noise at work. The new legislation reduces the action levels at which employers must take action to control the risk of noise affecting their employees. The reason for the reduced action levels is to provide employees with protection against noise induced hearing loss.
The new regulations will require many more premises to comply with the requirements of controlling noise at work, due to the fact that the action levels have been decreased.
RESPONSIBILITIES FOR ACTION:
For any employer whose employees are exposed to noise whilst at work they may have to implement measures to control their employees exposure to that noise, if the level of noise is deemed to exceed the action levels stated in the regulations.
OVERVIEW OF CONTENT:
The Control of Noise at Work Regulations will replace the current legislation, The Noise at Work Regulations 1989 and come into force on 6 April 2006. They will cover all places of work.
The entertainment industry, however, including pubs and clubs will have a dispensation, which will delay them having to implement the requirements of the new regulations until April 2008. Although all employers should remember that there is currently legislation that deals with noise at work and it is likely that in most places of entertainment, particularly clubs and pubs these regulations will apply and can be enforced by the relevant authority.
PRIORITY RISK FOR THE BUSINESS:
For Companies whose employees are at risk from noise at work, they must place the information high on the business agenda and determine an action plan for implementation of the requirements.
Although the new regulations do not come into force in the entertainment industry until April 2008, best practice suggests that employers should take action as soon as possible.
As with any new piece of legislation it is suggested that enforcement officers will be ensuring that all premises are complying with the requirements of the regulations, and if they are found to not be doing anything, then they have the powers to serve a Health and Safety Improvement Notice requiring works to be done and even prosecute if they determine that the situation is serious enough.
IMPLEMENTATION REQUIREMENTS:
It is recommended that employers take the following approach to determine firstly if the new regulations apply to them.
To determine if there is a risk the following rule of thumb will assist employers in determining if they need to do something about noise at work:-
· If the level of the noise is approximately the same as your voice during normal speech, the level of noise is likely to be around 80 dB(A)
· If you are unable to hear a person shouting at you from 2 metres away, the level of noise is likely to around 85 dB(A)
· If employees are complaining of ringing in their ears when leaving work
If any of these apply then it is likely that employers will need to take further action and implement reasonable control measures to reduce the level of noise their employees are exposed to.
The following table compares the old and new legislation and provides an overview of the action which should be taken if those levels are exceeded.
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Current Legislation
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New Legislation
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Exposure Action Levels
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Noise at Work Regulations 1989
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Control of Noise at Work Regulations 2005
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Action
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Lower Exposure Action Level
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85 dB(A)
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80 dB(A)
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Risk assessment
Make ear protection available
Implement a maintenance programme
Provide training
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Upper Exposure Action Level
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90dB(A)
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85 dB(A)
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Reduce noise at source
Implement ear protection zones
Ear protection must be used
Provide health surveillance
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Risk Assessment
The risk assessment should:-
· Identify where there is a risk and who is affected
· Contain a reliable estimate of noise exposure and compare with first and second action levels
· Identify what is needed to comply with the regulations, this may include noise control and the provision of hearing protection
· The assessment must be recorded along with the findings
Hearing Protection
The general requirements of hearing protection are as follows:-
· It must be made available for employees to use when the lower action level of 80 dB(A) is exceeded
· It must be used by employees when the upper action level of 85 dB(A) is exceeded.
· Employers must provide training on the use of ear protection
· Employers must ensure that any hearing protection which is provided is properly used and maintained
Maintenance and Use of Equipment
· All equipment to be fully and properly used
· All equipment to be maintained
Ear Protection Zones
· Identify zones where an employee's noise exposure exceeds the second action level
· Mark with signs
Information, Instruction and Training
Employees need to know:-
· The risks
· The control measures
· Where to get hearing protection
· How to use and look after the hearing protection
· The purpose of health surveillance
Employees are also responsible for using hearing protection and reporting defects
Other Simple Measures
· Implement job rotation to reduce the amount of time employees are exposed to the noise
· Ensure speakers are directed towards the dance floor and not for example towards the bar area where employees are at risk from exposure
· Ensure speakers are mounted on anti-vibration mounts
· Fix a limiter to equipment, which prevents levels from exceeding a pre-determined level
· Reduce the system volume at discrete steps, over a period of time.
· If possible design the layout of the area, so that the noisy areas, such as dance floors, dj boxes are located away from working areas, such as the bar.
The rules of thumb should only be used as a guide and if it is likely a noise hazard exists in the workplace then the employer will more than likely need to have a noise assessment carried out by a competent person. The noise assessment will involve measuring noise levels with specialist equipment, assessing the exposure and developing an action plan.
Compiled by: Janet Perkin,
Perry Scott Nash Associates Ltd
Date: 30 September 2005
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