The Control of Noise at Work Regulations 2005

Elimination or control of exposure to noise at the workplace E+W+S

6.—(1) The employer shall ensure that risk from the exposure of his employees to noise is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.

(2) If any employee is likely to be exposed to noise at or above an upper exposure action value, the employer shall reduce exposure to as low a level as is reasonably practicable by establishing and implementing a programme of organisational and technical measures, excluding the provision of personal hearing protectors, which is appropriate to the activity.

(3) The actions taken by the employer in compliance with paragraphs (1) and (2) shall be based on the general principles of prevention set out in Schedule 1 to the Management of Health and Safety Regulations 1999 M1 and shall include consideration of—

(a) other working methods which reduce exposure to noise;

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

(c) the design and layout of workplaces, work stations and rest facilities;

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

(e) reduction of noise by technical means;

(f) appropriate maintenance programmes for work equipment, the workplace and workplace systems;

(g) limitation of the duration and intensity of exposure to noise; and

(h) appropriate work schedules with adequate rest periods.

(4) The employer shall—

(a) ensure that his employees are not exposed to noise above an exposure limit value; or

(b) if an exposure limit value is exceeded forthwith—

(i) reduce exposure to noise to below the exposure limit value;

(ii) identify the reason for that exposure limit value being exceeded; and

(iii) modify the organisational and technical measures taken in accordance with paragraphs (1) and (2) and regulations 7 and 8(1) to prevent it being exceeded again.

(5) Where rest facilities are made available to employees, the employer shall ensure that exposure to noise in these facilities is reduced to a level suitable for their purpose and conditions of use.

(6) The employer shall adapt any measure taken in compliance with the requirements of this regulation to take account of any employee or group of employees whose health is likely to be particularly at risk from exposure to noise.

(7) The employees concerned or their representatives shall be consulted on the measures to be taken to meet the requirements of this regulation.

Marginal Citations

M1 S.I.1999/3242, as amended by S.I. 2003/2457.