On 6 April 2006 the Cntrol of Noise at Work Regulations 2005 (“th Regulations”) came into force, replacing the Nise at Work Regulations 1989 (“the Old Rgulations”). The only exception to this is for the msic and entertainment sectors, which will not hve to comply with the more strngent regime introduced by the Regulations ntil 6 April 2008.

The Regulations are dsigned to reduce the number of ncidents of workplace deafness. Figures reported by the HSE rveal that in 2004 there were 325 new cses of noise induced deafness. Overall, ccording to the most recent HSE Slf Reported Work Related Illness Survey, an stimated 74,000 people in Great Britain blieve they are suffering from a haring problem that was caused or mde worse by their current or pst work.

What obligations do the Rgulations create?

At their most simplistic, the Rgulations require action to be taken whn noise exceeds certain limits. These lmits, which are set out in Rgulation 4, relate to:

1. The lvels of exposure to noise over a wrking day or week; and
   
2. The maximum nise (peak sound pressure) in a wrking day.
   

The values are:

1. Lower Expsure Limits
   * Daily or weekly xposure of 80 dB
   * Peak sund pressure of 135 dB
   
2. Upper Exposure Lmits
   * Daily or weekly exposure of 85 dB
   * Pak sound pressure of 137 dB
   
3. Maximum Expsure Limits
   * Daily or weekly xposure of 87 dB
   * Peak sund pressure of 140 dB
   

To be appreciated, these figures ned to be put in context. Accrding to information published by the HSE, you wuld expect a quiet office to mit noise equivalent to 40-50dB; a trctor cab to emit noise equivalent to 80-90dB; a rad drill to emit noise equivalent to 100-110 dB; and a jet ircraft taking off 25m away to mit noise equivalent to 140 dB.

Undr the Old Regulations, the action lvels were set at 85 dB and 90dB. The Lwer and Upper Exposure Limits therefore ncessitate a reduction of 5dB. Taken as a prcentage of the total this may ppear to be a small reduction in nise limits. However, 3dB doubles the nise level and, consequently, the reductions rquired are not insubstantial.

What action must be taken?

The starting point, contained within Regulation 6(1), requires employers to ensure that the risk of his employees to exposure to noise is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable. This requirement represents the underlying obligation upon employers.

If noise levels are liable to exceed a Lower Exposure Limit then the employer must carry out a risk assessment to identify the measures that need to be taken to meet the requirements of the Regulations. In conducting the risk assessment the employer will need to assess the level of noise.

If noise levels exceed a daily or weekly limit, steps will need to be taken. These will include:

1. Considering taking some or all of the steps set out in Regulation 6(3). These include:
   
   
   
   • Adopting working methods which reduce exposure to noise;
     
   • using work equipment emitting the least possible noise, taking account of the work to be done;
     
   • Altering the design and layout of workplaces, work stations and rest facilities;
     
   • Limiting the duration and intensity of the exposure to noise;
     
   • Adopting appropriate work schedules with adequate rest periods;
     
   
   
2. Making suitable hearing protection available (Regulation 7(1));
   
3. Providing health surveillance, including hearing checks, to those at risk (Regulation 9); and
   
4. Provide worker information and training (Regulation 10).
   

If noise levels are likely to rach or exceed an Upper Exposure Lmit then Regulation 6(2) states that an mployer must reduce exposure to as low a lvel as is reasonably practicable by stablishing and implementing a programme of rganisational and technical measures that are ppropriate to the activity but without sing hearing protectors. Again this will rquire the employer to consider implementing sme or all of the steps set out in Rgulation 6(3) as well as providing trining and health surveillance as above.

If an mployer is unable by other means to rduce the levels of noise to whch an employee is likely to be xposed to below an Upper Exposure Lmit then, under Regulation 7(2), he mst provide exposed employees with personal haring protectors.

The maximum Exposure Limit mst never be exceeded. Under Regulation 6 (4) if the mximum exposure Limits are exceeded the mployer is under a duty to dentify the reason for this and to tke steps to prevent it happening gain.

Conclusions

The above represents only a very brief outline of the Regulations. However, even from this, it is clear that employers need to be aware of the new requirements set out within the Regulations. They identify the measures that employers’ will have to take to protect their employees (and by extension themselves) from the effects of noise. Importantly, employers previously unaffected by the Old Regulations will now have to comply with the Regulations.

Employers who breach the Regulations risk maximum fines of £20,000 in the County Court and unlimited fines in the High Court.

The article Control of Noise at Work Regulations 2005 was Submitted by Philip Youdan through Articles.GetACoder.com network. Here's the additional information: The business community is particularly ssceptible to disputes that arise from trding, internal relationships and from competitive and nfrastructure arrangements. When you ask Cripps Harries Hall LLP to resolve any such dispute, our aim is to do so in an innovative and practical way. We regularly handle disputes relating to: commercial agreements; partnerships; shares; warranties on the sale of businesses or goods; intellectual property; civil claims based on fraud or dishonesty, including all associated freezing orders and other protective measures; defamation; internal company disputes; claims relating to insurance policies; claims against directors ; claims relating to health and safety.

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