The employer’s obligations for noise safety
The UK’s Control of Noise at Work Regulations 2005 (the Noise Regs) are very specific on the actions employers must take at various levels of noise risk in their workplace.
Key points on the employer’s obligations for managing noise risks at work
If there is reason to believe noise levels may be approaching 80 dB(A) then a noise assessment has to be done.
There is a basic duty in the Noise Regs to reduce noise to as low a level as possible whatever the measured noise is, even if no limits are exceeded. But, the higher the noise risk the more weight is given to taking actions to reduce it again.
If the noise assessment confirms levels are below the 80 dB(A) and 135 dB(C) limits then no further action is needed.
If the noise levels are shown to be 80 to 84 dB(A) or 135 or 136 dB(C) then employees need to be told about it and suitable hearing protection needs to be chosen but employees can choose whether to wear it. Training on noise safety is needed, as is a written noise risk assessment.
If noise levels are 85 dB(A) or 137 dB(C) or above then the requirements as the lower level apply, along with needing to specify hearing protection zones where hearing protection is mandatory, the company has to do what it ‘reasonably practicably’ can to reduce noise levels again, and health surveillance is needed. High noise areas must be clearly signed and monitoring systems in place to ensure any hearing protection requirements are complied with.
Basic obligation to reduce noise in all workplaces, whatever the noise level
This applies to all workplaces irrespective of the actual noise levels.
Extract from the HSE’s L108, Controlling Noise at Work, stating that there is a general duty to reduce noise whatever the levels are, but the steps should be proportional to the risk.
The higher the noise gets, the more weight is given to taking steps to reduce it again.
Initial obligation to do a noise assessment
If an employer has reason to believe the noise levels may be approaching 80 dB(A) then they have a requirement to do a noise assessment - the actual measuring of the noise risk to work out what daily exposure levels actually are.
There are a few sources of information on this such as known machine noise levels from manufacturers, or things like having to raise your voice to speak to someone.
Read more on how to decide if you need a noise assessment
If your noise assessment shows the levels to be below 80 dB(A) then you have confirmed the absence of risk and nothing further is needed.
If the noise levels are 80 to 84 dB(A) OR 135 to 136 dB(C)
If your noise assessment shows levels meet either the dB(A) or dB(C) limits then you must:
Inform employees of this.
Select appropriate hearing protection.
Make it available to them but they can choose if they want to wear it.
Train them about noise safety.
Compile a noise risk assessment
If the noise levels are 85 dB(A) OR 137 dB(C) and above
If the noise assessment shows levels meet either one of these two figures, or are above them, then the employer must:
Inform employees of this.
Do what you can to reduce noise exposure levels.
Select appropriate hearing protection.
Make use of the hearing protection mandatory for anyone working in the high noise risk area.
Have systems for monitoring compliance with the hearing protection and enforcing use.
Train them about noise safety.
Signs must be up warning people.
Hearing testing must be provided on an ongoing basis.
Average dB(A) is important
It is important to flag that it is the average dB(A) which is important, not individual instances of exceeding it. For example, someone may work in an office and use a hand dryer in the loo. That dryer could easily give a blast of ≈95 dB(A), well over the 85 dB(A) limit, but the exposure time is very short so it will not be an issue.
The noise assessment looks at both how loud it is but also how often that exposure takes place and for how long.
Self-employed?
If a company is using a self-employed person to provide a service, often the client company checks the self-employed person is still compliant with the relevant regulations. From a noise perspective:
The requirements for hearing testing (audiometry) do not apply to self-employed people - they are not required to do it.
The rest of it all applies - the need to assess the noise levels and use hearing protection, etc. That means if someone is coming into your site and will undertake a job which is noisy, they should know how noisy it is and know what any impact would be on the client staff in the area.
FAQ: Employer obligations for noise safety at work
I am concerned that if we do hearing tests then I will get a wave of people putting in claims. Can I choose to not do the hearing tests to avoid that?
No, employers cannot choose to avoid a mandatory requirement. However, from experience the feared tsunami of claims almost never happens despite some employers being worried about that.
I have given people hearing protection and told them when and where to wear it, is that enough?
No, there are also obligations to monitor usage to make sure it is being worn when needed and worn correctly, and to take steps to correct it where there are issues with non-compliance.
More information on managing noise risks at work
