Control of Noise Work Regulations 2005, Do They Apply to You?

In this blog, we are going to take a look at the Noise at Work regulations 2005. What they are, who they apply to and how compliance with this legislation can be achieved.

What are the Control of Noise At Work Regulations?

The control of noise at work regulations came into force for all employers on the 6th of April 2006. However, the music industry and entertainment industries were provided with a further grace period to allow compliance with the legislation no later than the 6th of April 2008 [1].

The regulations were devised to ensure employees are protected against the risk of damage to health and hearing due to exposure to noise in the workplace. It is the responsibility of all employers to ensure these regulations are adhered to and that all their employees are sufficiently protected from noise exposure [2].

The regulations outline specific noise exposure criteria. If an employee is likely to be exposed the excessive noise that may reach these criteria then the employer is legally obliged to undertake a noise risk assessment sometimes known as a Noise at Work Risk Assessment or Workplace Noise Assessment. Should the assessment indicate an exceedance of the devised noise criteria then at each criterion point the employer should implement a range of mitigation measures to reduce the noise exposure of employees.

How to Calculate Daily Personal Noise Exposure or LEP,d.

The Noise at Work Regulations 2005 stipulates specific noise criteria based on an employee’s daily noise exposure. Daily noise exposure for any given employee is calculated based on the individual noise levels they are exposed to; this is then averaged over eight hours to represent the working day. The acoustic parameter used to denote daily noise exposure is LEP,d.  The formula used to calculate LEP,d is as follows:

Where:

L = Noise levels produced by specific machine at the working position

t = Time the employee works on a specific machine

Worked Example

For example, if an employee works on three machines over an eight-hour day each producing the noise levels outlined below the calculated LEP,d daily exposure of the employees would be 80 dB LEP,d.

Machine 1 = 82 dBA for 2 hours

Machine 2 = 79dBA for 4 hours

Machine 3 = 80 dBA for 2 hours

What are the Noise at Work Regulations Noise Criteria and Action Values?

Once the daily exposure of an employee has been established by undertaking a workplace noise assessment the LEP,d should then be compared to the action values and limit values outlined in the Control of Noise at Work Regulations 2005. These are as follows:

The lower exposure action values (LEAV) are:

- A daily or weekly personal noise exposure of 80 dB (A-weighted); and

- A peak sound pressure of 135 dB (C-weighted).

The upper exposure action values (UEAV) are—

- A daily or weekly personal noise exposure of 85 dB (A-weighted); and

- A peak sound pressure of 137 dB (C-weighted).

The exposure limit values (ELV) are—

- A daily or weekly personal noise exposure of 87 dB (A-weighted); and

- A peak sound pressure of 140 dB (C-weighted) [1].

Reducing Noise Exposure in the Work Environment

Should the upper noise exposure values presented above be exceeded by any employee then the employer is obliged to implement mitigation measures to ensure a sufficient reduction in the employee’s noise exposure.

The Control of Noise at Work Regulations stipulate that if the upper action value is exceeded then before the reliance on hearing protection mitigation considerations should be implemented these should reduce noise levels as far as practicably possible this could include the following among others:

-          The use of alternative working practices to reduce noise exposure.

-          Selection and use of quieter tools and machinery to reduce noise exposure.

-          Re-design and orientation of the workspace in order to reduce noise.

-          Sufficient training of all employees regarding the effects of noise and low-noise working practices.

-          Limiting noise by other technical means such as enclosures and screens.

-          Ensuring all equipment is well maintained.

-          Limiting the duration of the exposure the elevated noise levels for employees [1].

Should the upper limit value be exceeded then the regulations stipulate the following processes should be undertaken:

-          Noise Levels should be reduced below the noise exposure limit values.

-          The reason for the exceedance of the limit should be fully identified.

-          Working practices and mitigation should be implemented as outlined above to ensure the limit value is not exceeded again [1].

What hearing protection should my employees use?

The Control of Noise at Work Regulations stipulates that before considering hearing protection all other methods of reducing noise levels within the workplace should be considered. However, if no further reduction in noise levels can be achieved by technical or managerial means hearing protection can then be employed.

In areas of the workplace where employees may reach the lower exposure action value of 80 dB LEP,d   or Peak sound level of 135 dB LCpeak during an eight-hour day hearing protection should be readily available for employees.

In areas where the upper exposure action value of 85 dB LEP,d or Peak sound level of 137 dB LCpeak during an eight-hour day hearing protection should be enforced and specific hearing protection zones implemented in these areas.

Where hearing protection is provided it is recommended that these should be specified sufficiently to ensure the Lower Exposure Action Value is not exceeded. There are various ways of specifying hearing protection including the SNR method, the Octave band method and the HML method [3]. If you are unsure how to specify hearing protection it is advised that you contact a specialist acoustic consultant.

Health Surveillance and Hearing Tests

Upon having a workplace noise assessment undertaken if it is identified that any employees are sufficiently exposed to noise exceeding the action values then a health surveillance program should be implemented. Typically, this would take the form of regular hearing tests for all exposed employees. It is the duty of the employer to arrange these, and should any employee then be identified as suffering from noise-induced hearing loss they should be referred directly to a doctor.

Summary

In summary, should a work environment be particularly noisy it is the responsibility of the employer to get a Noise at Work Risk Assessment undertaken by a suitably qualified person or acoustic consultant. Should the assessment identify the risk that any employee is exposed to noise levels higher than the noise exposure criteria outlined in the Control of Noise at Work Regulations 2005 a scheme of noise reduction techniques, hearing protection and health surveillance should be implemented. It is always advised that assessment and analysis of noise in your workplace are undertaken by a professional acoustic consultant or another suitably qualified person.

Bibliography

[1] The Control of Noise at Work 2005 - https://www.legislation.gov.uk/uksi/2005/1643/regulation/1/made

[2] Health and Safety Executive - https://www.hse.gov.uk/noise/regulations.htm

[3] Health and Safety Executive - https://www.hse.gov.uk/research/rrpdf/rr720.pdf