The Control of Noise at Work Regulations 2005

Assessment of the risk to health and safety created by exposure to noise at the workplace

5.—(1) An employer who carries out work which is liable to expose any employees to noise at or above a lower exposure action value shall make a suitable and sufficient assessment of the risk from that noise to the health and safety of those employees, and the risk assessment shall identify the measures which need to be taken to meet the requirements of these Regulations.

(2) In conducting the risk assessment, the employer shall assess the levels of noise to which workers are exposed by means of—

(a) observation of specific working practices;

(b) reference to relevant information on the probable levels of noise corresponding to any equipment used in the particular working conditions; and

(c) if necessary, measurement of the level of noise to which his employees are likely to be exposed,

and the employer shall assess whether any employees are likely to be exposed to noise at or above a lower exposure action value, an upper exposure action value, or an exposure limit value.

(3) The risk assessment shall include consideration of —

(a) the level, type and duration of exposure, including any exposure to peak sound pressure;

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

(c) 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 substances at work, or between noise and vibration;

(d) 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;

(e) any information provided by the manufacturers of work equipment;

(f) the availability of alternative equipment designed to reduce the emission of noise;

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

(h) appropriate information obtained following health surveillance, including, where possible, published information; and

(i) the availability of personal hearing protectors with adequate attenuation characteristics.

(4) The risk assessment shall be reviewed regularly, and forthwith if—

(a) there is reason to suspect that the risk assessment is no longer valid; or

(b) there has been a significant change in the work to which the assessment relates,

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

(5) The employees concerned or their representatives shall be consulted on the assessment of risk under the provisions of this regulation.

(6) The employer shall record—

(a) the significant findings of the risk assessment as soon as is practicable after the risk assessment is made or changed; and

(b) the measures which he has taken and which he intends to take to meet the requirements of regulations 6, 7 and 10.