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8.—(1) Without prejudice to the provisions in regulation 7, an employer shall make personal hearing protectors available to any worker who is or is likely to be exposed to noise above a lower exposure action value.
(2) Without prejudice to the provisions in regulation 7, an employer shall ensure, so far as is reasonably practicable, that all workers who are exposed to noise which is at or above an upper exposure action value shall use personal hearing protectors.
(3) If in any area of the ship under the control of the employer a worker is likely to be exposed to noise at or above an upper exposure action value for any reason, the employer shall ensure that—
(a)the area is demarcated and identified by means of the sign specified for the purpose of indicating that ear protection must be worn in paragraph 3.3 of Annex II to Merchant Shipping Notice 1763; and
(b)access to the area is restricted where this is practicable and the risk from exposure justifies it.
(4) Any personal hearing protectors provided in accordance with this regulation shall be selected by the employer so as to eliminate the risk to hearing or to reduce the risk to as low a level as is reasonably practicable; such personal hearing protectors shall comply with the requirements of the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 M1.
Marginal Citations