Hearing protection

Regulation 7 governs the use of hearing protection. It says ear protectors should not be a substitute for controlling noise by technical and organisational means.

Employers must provide their employees with hearing protection if they ask for it and the noise exposure is between the lower and upper EAVs.

If employers cannot reduce noise levels below the upper EAV, they must provide employees with personal hearing protectors. Regulation 7 requires employers to make personal hearing protectors available “after consultation with the employees concerned or their representatives”.

Employers also have to designate, demarcate and identify a “hearing protection zone” if an employee is likely to be exposed at the upper EAV or above. These zones must be identified by “ear protection must be used” signs.

The employer must also ensure that employees do not enter an ear protection zone unless they are wearing personal ear protectors. An amendment to Regulation 7 makes it a requirement that hearing protection supplied for use at work complies with the Personal Protective Equipment Regulations 2002 (see Chapter 7).

Employers must ensure that personal ear protection is fully and properly used and that noise control equipment and ear protectors are maintained in efficient, working order and in good repair (Regulation 8).

Regulation 9 requires employers to provide “suitable health surveillance” — including hearing tests — if the risk assessment shows that there is a risk to workers’ health.