Construction firms with their ear to the ground will have heard about the EU’s new sound regulations and this month, revised UK regulations come into force to lower acceptable noise levels in the workplace, which stand to protect an estimated 2.25 million people at risk of hearing damage.
The Control of Noise at Work Regulations (2005) lower acceptable levels of noise in the workplace by 5dB to an average of 85dB, the equivalent of a petrol lawnmower. Employers will be required to limit staff exposure to noise above this level as well as providing adequate protection from hearing damage. These changes will make a crucial difference to the health of people working in construction, heavy industry and the music business.
Last autumn, Lord Hunt, the Health and Safety Minister, launched a campaign to raise awareness of the new regulations at the Sound Off conference at Earls Court, London. Hosted by the Institution of Occupational Safety and Health (IOSH), the Health and Safety Executive (HSE), Department for Work and Pensions (DWP) and the Royal National Institute for the Deaf (RNID), the conference offered advice to employers on how to control noise in the workplace.
Lord Hunt made clear the government’s support for tighter regulations: “Reducing occupational deafness is part of the government’s desire to ensure people’s well being and to keep workers healthy at work. Noise-induced hearing loss is preventable but once employees suffer damage to their hearing, this is irreversible.”
Lawrence Waterman, the then IOSH President, explained: “Over two million workers in the UK are exposed to levels of noise which are likely to damage their hearing permanently and in a way which socially disables them. That’s why through new regulations and guidance, employers are being encouraged to tackle noise issues in a much more effective way.”
Although the duties in the 2005 regulations are similar to those in the 1989 Noise at Work Regulations, they introduce three major changes. First, they lower acceptable noise levels, second, employers must ensure appropriate health surveillance where risks arise, and third, risks must be eliminated at source or at least reduced to a minimum.
First then, the regulations lower the ‘action levels’ for workers daily noise exposure as well as for sudden peaks of noise. For the first two action levels, an employer is allowed to average out the exposure to noise over a one-week period instead of the current daily or shift periods. The new Lower Exposure Action Value (LEAV) will be lowered 5dB to 80dB for a daily dose and 135dB for impulsive noises, such as pneumatic drills and nail guns. The Upper Exposure Action Level (UEAL) will also be lowered 5dB to 85dB for a daily dose and 137dB for impulsive noises.
The new regulations also introduce a new concept, called Exposure Limit Value (ELV) of 87dB for a daily dose and 140dB for impulsive noise. If an ELV is exceeded, an employer must immediately reduce exposure. It is the maximum permitted noise level, taking into account hearing protection. To put this into context, a pneumatic drill operates at about 100dB.
The second change for employers to take on board is the need to provide appropriate health surveillance where a worker is at risk. Until now, this has been recommended good practice under the Management of Health and Safety at Work Regulations (1999). Under the new regulations, where a risk assessment indicates a risk to the health of employees, employers must ensure that suitable health surveillance is provided. This includes offering hearing tests and maintaining a health record for each employee.
If health surveillance shows up evidence of hearing damage resulting from exposure to noise, it may well have cost implications for the employer. However, the aim for the employer is to monitor the impact of workplace noise, continually reviewing the situation to help reduce the risk of noise related injuries.
The third, and final, change introduced is the obligation on employers to eliminate risk at source, or at least reduce it to a minimum. Whereas the previous legislation focused on personal protective equipment, the new directive considers ear protection as the last control measure to be used. Risk assessment and effective control mechanisms and monitoring should be the principle method for reducing the number of employees exposed to excessively high levels of noise. Employers have a responsibility to think about avoiding risks, evaluating risks, combating risks at source and adapting work to minimise risks.
All three aspects of the regulations; lowering the acceptable levels of noise, the provision of appropriate health surveillance and eliminating risks at source, require radical action on the part of the employer. The first step for any employer must be to arrange for a competent person to carry out noise assessments for the particular situations a worker might face, such as using power tools or operating machinery for long periods of time.
Such an assessor would:
• Identify those workers at risk.
• Determine the daily personal noise exposure.
• Identify other steps required, such as noise control measures or hearing protection.
That person should also keep a record of noise assessments carried out, regularly review those assessments and, where levels are likely to exceed 85dB, develop an action plan for introducing noise control measures to reduce noise to as low a level as practicable. Steps could include:
• Specifying quieter plant and equipment when purchasing (not always possible where subcontracting).
• Using dampening and other modifications, perhaps even isolating areas where plant and equipment are being used.
• Introducing different work patterns to reduce exposure to the operators and those nearby.
• Ensuring the quality of the plant and equipment used, and that it is properly maintained.
In the construction environment, these steps are not as easy or straightforward to take as, say, in a factory. It is likely that the risk assessments carried out will focus upon individual power tools, plant and equipment, with monitoring of those employees around these items consistently during the working day. Where employees are exposed to the UEAV, health surveillance measures will have to be implemented with regular hearing checks.
However, no matter how difficult, such steps are essential if we are to combat the deafness, tinnitus and other ear conditions, which result from exposure to excessive noise at work. 170,000 people currently suffer from these conditions. The revised regulations – if followed by employers – might well reduce that figure.
