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On 6 April 2006 the Control of Noise at Work Regulations 2005 ("the Regulations") came into force, replacing the Noise at Work Regulations 1989 ("the Old Regulations"). The only exception to this is for the music and entertainment sectors, which will not have to comply with the more stringent regime introduced by the Regulations until 6 April 2008.

The Regulations are designed to reduce the number of incidents of workplace deafness. Figures reported by the HSE reveal that in 2004 there were 325 new cases of noise induced deafness. Overall, according to the most recent HSE Self Reported Work Related Illness Survey, an estimated 74,000 people in Great Britain believe they are suffering from a hearing problem that was caused or made worse by their current or past work.

What obligations do the Regulations create$%:

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At their most simplistic, the Regulations require action to be taken when noise exceeds certain limits. These limits, which are set out in Regulation 4, relate to:

The levels of exposure to noise over a working day or week; and
The maximum noise (peak sound pressure) in a working day.

The values are:

Lower Exposure Limits
* Daily or weekly exposure of 80 dB
* Peak sound pressure of 135 dB
Upper Exposure Limits
* Daily or weekly exposure of 85 dB
* Peak sound pressure of 137 dB
Maximum Exposure Limits
* Daily or weekly exposure of 87 dB
* Peak sound pressure of 140 dB

To be appreciated, these figures need to be put in context. According to information published by the HSE, you would expect a quiet office to emit noise equivalent to 40-50dB; a tractor cab to emit noise equivalent to 80-90dB; a road drill to emit noise equivalent to 100-110 dB; and a jet aircraft taking off 25m away to emit noise equivalent to 140 dB.

Under the Old Regulations, the action levels were set at 85 dB and 90dB. The Lower and Upper Exposure Limits therefore necessitate a reduction of 5dB. Taken as a percentage of the total this may appear to be a small reduction in noise limits. However, 3dB doubles the noise level and, consequently, the reductions required are not insubstantial.

What action must be taken$%:

The starting point, contained within Regulation 6(1), requires employers to ensure that the risk of his employees to exposure to noise is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable. This requirement represents the underlying obligation upon employers.

If noise levels are liable to exceed a Lower Exposure Limit then the employer must carry out a risk assessment to identify the measures that need to be taken to meet the requirements of the Regulations. In conducting the risk assessment the employer will need to assess the level of noise.

If noise levels exceed a daily or weekly limit, steps will need to be taken. These will include:

Considering taking some or all of the steps set out in Regulation 6(3). These include:
- Adopting working methods which reduce exposure to noise;
- using work equipment emitting the least possible noise, taking account of the work to be done;
- Altering the design and layout of workplaces, work stations and rest facilities;
- Limiting the duration and intensity of the exposure to noise;
- Adopting appropriate work schedules with adequate rest periods;
Making suitable hearing protection available (Regulation 7(1));
Providing health surveillance, including hearing checks, to those at risk (Regulation 9); and
Provide worker information and training (Regulation 10).

If noise levels are likely to reach or exceed an Upper Exposure Limit then Regulation 6(2) states that an employer must reduce exposure to as low a level as is reasonably practicable by establishing and implementing a programme of organisational and technical measures that are appropriate to the activity but without using hearing protectors. Again this will require the employer to consider implementing some or all of the steps set out in Regulation 6(3) as well as providing training and health surveillance as above.

If an employer is unable by other means to reduce the levels of noise to which an employee is likely to be exposed to below an Upper Exposure Limit then, under Regulation 7(2), he must provide exposed employees with personal hearing protectors.

The maximum Exposure Limit must never be exceeded. Under Regulation 6 (4) if the maximum exposure Limits are exceeded the employer is under a duty to identify the reason for this and to take steps to prevent it happening again.

Conclusions

The above represents only a very brief outline of the Regulations. However, even from this, it is clear that employers need to be aware of the new requirements set out within the Regulations. They identify the measures that employers' will have to take to protect their employees (and by extension themselves) from the effects of noise. Importantly, employers previously unaffected by the Old Regulations will now have to comply with the Regulations.

Employers who breach the Regulations risk maximum fines of :%$pound;20,000 in the County Court and unlimited fines in the High Court.