Noise

The Control of Noise at Work Regulations 2005 are based on the EU Physical Agents (Noise) Directive. They cover virtually all workplaces with few exceptions, including workplaces where the risk of noise may not be immediately obvious. For example, they apply to motorcycle couriers and to call centre workers exposed to noise through headphones. They include provisions requiring employers to consult with safety reps on risk assessment, on actions to reduce risk and on the choice of hearing protection.

Although unions welcomed the regulations, the CWU communication workers’ union points out that they do not tackle “acoustic shock”. Acoustic shock is a sudden “spike” of noise, common in call centres that can cause tinnitus and hypersensitivity to loud sounds. The Acoustic Safety Programme contains updates and news stories including the hearing campaign, equipment testing and call centre staff training at: www.acousticsafety.org

Noise levels

Under the regulations, the first action level, known as lower “exposure action value” (EAV) is:

• a daily or weekly personal noise exposure of 80 dB(A), compared to the previous level of 85 dB(A); and an EAV for peak sound pressure of 135 dB;

The second, upper EAV is:

• a daily or weekly personal noise exposure of 85 dB(A), compared to the previous level of 90 dB(A); and an EAV for peak sound pressure of 137 dB.

The regulations also specify an “exposure limit value” (ELV) that must not be exceeded, of 87 dB(A) daily or weekly exposure and peak sound pressure of 140 dB. The HSE says the simple rules of thumb that may indicate a noise problem are:

• being surrounded by intrusive noise for most of the working day;

• having to raise your voice to be heard by someone just two metres away, for at least part of the day;

• using noisy powered tools or machinery for more than 30 minutes a day;

• working in a noisy industry such as construction, road repair, engineering or manufacturing;

• impacts caused by work such as hammering, drop forging and pneumatic impact tools; and

• work with explosive sources such as cartridge-operated tools, detonators or guns.

Risk assessment

Regulation 5 requires an employer who carries out work which is liable to expose any employees to noise at or above a lower exposure action value (EAV) to make a “suitable and sufficient” assessment of the risk from that noise to the health and safety of those employees. The risk assessment has to consider:

• the level, type and duration of exposure, including any exposure to peak sound pressure;

• the effects of exposure to noise on employees or groups of employees whose health is at particular risk from such exposure;

• so far as is practicable, any effects on the health and safety of employees resulting from the interaction between noise and the use of ototoxic chemicals (which can damage the cochlea in the inner ear leading to hearing loss, tinnitus and vertigo), or between noise and vibration;

• any indirect effects on the health and safety of employees resulting from the interaction between noise and audible warning signals or other sounds that need to be audible in order to reduce risk at work;

• any information provided by the manufacturers of work equipment;

• the availability of alternative equipment designed to reduce the emission of noise;

• any extension of exposure to noise at the workplace beyond normal working hours, including exposure in rest facilities supervised by the employer;

• appropriate information obtained following health surveillance, including, where possible, published information; and

• the availability of personal hearing protectors with adequate noise reduction characteristics.

Regulation 5 includes a specific clause, stating that “the employees concerned or their representatives shall be consulted on the assessment of risk under the provisions of this regulation”.

Controlling noise

The risk assessment must also identify the measures needed to meet the requirements of the regulations. Where the assessment shows that employees are likely to be exposed at the upper EAV or above, employers must reduce noise through a “programme of organisational and technical measures” (Regulation 6).

Employers have to consider:

• other working methods which reduce exposure to noise;

• the choice of appropriate work equipment emitting the least possible noise, taking account of the work to be done;

• the design and layout of workplaces, work stations and rest facilities;

• suitable and sufficient information and training for employees, such that work equipment may be used correctly, in order to minimise their exposure to noise;

• reduction of noise by technical means;

• appropriate maintenance programmes for work equipment, the workplace and workplace systems;

• limitation of the duration and intensity of exposure to noise; and

• appropriate work schedules with adequate rest periods.

Employers must not expose workers to levels of noise above the ELV. If the ELV is exceeded, employers must reduce exposure to below that level and prevent it happening again.

Regulation 6 contains a specific clause requiring “employees concerned or their representatives to be consulted on the measures to be taken to meet the requirements of this regulation”.

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.

Information and training

Where employees are exposed to noise which is likely to be at or above a lower exposure action value, Regulation 10 requires the employer to provide those employees and their representatives with “suitable and sufficient information, instruction and training”.

This should include:

• the nature of risks from exposure to noise;

• the organisational and technical measures taken in order to comply with the requirements of Regulation 6;

• the exposure limit values and upper and lower exposure action values set out in Regulation 4;

• the significant findings of the risk assessment, including any measurements taken, with an explanation of those findings;

• the availability and provision of personal hearing protectors under Regulation 7 and correct use in accordance with Regulation 8(2);

• why and how to detect and report signs of hearing damage;

• the entitlement to health surveillance under Regulation 9 and its purposes;

• safe working practices to minimise exposure to noise; and

• the collective results of any health surveillance undertaken in accordance with Regulation 9 in a form calculated to prevent those results from being identified as relating to a particular person.

Under earlier legislation pre-dating the Control of Noise at Work Regulations 2005, the Court of Appeal held that textile firms were liable under Section 29 of the Factory Act 1961 for damage to a worker’s hearing sustained from January 1978. The judge said that the employers should have measured the noise in their workshops from as early as 1973.

The judgment is significant because it held the textile companies responsible for hearing loss due to noise at lower levels than those generally recognised as giving rise to liability (Baker v Quantum Clothing Group and others [2009] EWCA Civ 499).

Advice and guidance

HSE guidance on hearing protection performance and a new tool that shows a dramatic reduction in hearing protection in relation to the proportion of time that it is not worn is available on its website. Further details are available at: www.hse.gov.uk/noise/hearingprotection/index.htm.

HSE, Noise at work: Guidance for employers on the Control of Noise at Work Regulations 2005, can be downloaded at: www.hse.gov.uk/pubns/indg362.pdf.

HSE guidance on the regulations, Controlling noise at work, is available from HSE Books or on the HSE website at: www.hse.gov.uk/pubns/priced/l108.pdf.

The HSE Noise web pages are at: www.hse.gov.uk/noise

TUC advice on working in a noisy environment can be found on its website at: www.tuc.org.uk/workplace-issues/health-and-safety/guides-workers/working-noisy-environment-guide

Advice for those working in the music and entertainment industries can be found on the Sound Advice website at: www.soundadvice.info. It has been produced by a working group including the Musicians’ Union and the actors’ union Equity and the General Federation of Trade Unions (GFTU).

Voice damage

A different but equally serious risk associated with workplace noise is that of voice damage. In 2010, 50-year-old teacher Joyce Walters was awarded an out-of-court settlement of £156,000 after suffering permanent damage to her vocal chords through being forced to raise her voice to be heard above high levels of noise and disruption outside her classroom in Hillingdon, North West London. She developed nodules on her vocal chords, but instead of moving her to a different classroom, her managers told her that “vocal chord nodules are considered an occupational hazard for all teachers.”

Research highlights risk of voice damage in call centres

Research commissioned by the Institute of Occupational Safety and Health (IOSH) in 2012 found that one in four call centre workers suffer voice problems because managers fail to protect their health properly. Sixty per cent complained of problems with making themselves heard against background noise and 41% said they could not be heard by the customer at the end of the phone. New starters, especially female, are particularly at risk.