The Control of Noise at Work Regulations 2005

Interpretation E+W+S

2.—(1) In these Regulations—

“daily personal noise exposure” means the level of daily personal noise exposure of an employee as ascertained in accordance with Schedule 1 Part 1, taking account of the level of noise and the duration of exposure and covering all noise;

“emergency services” include—

(a)

police, fire, rescue and ambulance services;

(b)

Her Majesty's Coastguard;

[F1 “enforcing authority” means the Executive, the Office for Nuclear Regulation, local authority or [F2 Office of Rail and Road] determined in accordance with—

(a)

section 18(1A) of the Health and Safety at Work etc. Act 1974;

(b)

the provisions of the Health and Safety (Enforcing Authority) Regulations 1998; and

(c)

the provisions of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.]

“the Executive” means the Health and Safety Executive;

“exposure limit value” means the level of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which must not be exceeded;

“health surveillance” means assessment of the state of health of an employee, as related to exposure to noise;

“lower exposure action value” means the lower of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;

“the music and entertainment sectors” mean all workplaces where—

(a)

live music is played; or

(b)

recorded music is played in a restaurant, bar, public house, discotheque or nightclub, or alongside live music or a live dramatic or dance performance;

“noise” means any audible sound;

“peak sound pressure” means the maximum sound pressure to which an employee is exposed, ascertained in accordance with Schedule 2;

“risk assessment” means the assessment of risk required by regulation 5;

“upper exposure action value” means the higher of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;

“weekly personal noise exposure” means the level of weekly personal noise exposure as ascertained in accordance with Schedule 1 Part 2, taking account of the level of noise and the duration of exposure and covering all noise; and

“working day” means a daily working period, irrespective of the time of day when it begins or ends, and of whether it begins or ends on the same calendar day.

(2) In these Regulations, a reference to an employee being exposed to noise is a reference to the exposure of that employee to noise which arises while he is at work, or arises out of or in connection with his work.

Textual Amendments

F1 Words in reg. 2(1) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 125 (with Sch. 4)

F2 Words in reg. 2(1) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(j)