New noise Directive will halve sound pressure levels

Replacement noise Regulations are expected to come into force in the UK in late 2005 following agreement on the text of a new noise Directive.1 The Directive should be formally adopted before the end of 2002 and, once it is published in the Official Journal of the European Communities, the UK will have three years in which to implement its provisions.

The new Regulations will supersede the existing Noise at Work Regulations 1989 (The Noise at Work Regulations 1989) and significantly reduce the sound pressure levels that are deemed to be without risk to workers' health. Many industries and occupations will be affected, in particular construction, engineering, manufacturing, woodworking, paper and printing, shipbuilding, textiles, quarries, foundries and food production.

Regular exposure to loud noise can lead to permanent hearing loss and/or tinnitus. The 1989 Regulations require employers to carry out a specific risk assessment if employees are likely to be exposed to a daily noise level greater than 85 decibels (dB(A)) - "the first action level". If daily exposure is likely to exceed 90 dB(A) or peak sound pressure is likely to exceed 200 Pascals (Pa) - "the second action level" - employers must introduce control measures, other than hearing protection, to reduce exposure to the lowest level reasonably practicable. Employers must also provide hearing protection and ensure that it is used.

Under the new Directive, the first and second action levels fall to 80 dB(A)/112 Pa and 85 dB(A)/140 Pa. This is a significant reduction; the decibel scale is logarithmic, not linear, and a reduction of 3 dB represents a halving of sound pressure. The exposure action values take no account of the effect of any hearing protection worn.

The new Directive also introduces a maximum daily exposure limit of 87 dB(A). If, when using hearing protectors, exposure levels above 87 dB(A) are detected at the ear, an employer will have to take immediate action to reduce exposure to below the limit, identify why overexposure has occurred and amend protection and prevention measures to prevent a recurrence.

In negotiating the new Directive, the UK failed to persuade other member states of the need first properly to assess the effectiveness of the 1986 noise Directive. The UK's fallback position was to try to raise the proposed action levels towards those in the 1986 Directive. Again, it failed: several member states already operate at the levels set out in the new Directive. Nevertheless, the HSE believes that UK negotiators achieved considerable success without detracting from the benefits to workers' health:

  • the limitation on personal noise exposure now allows hearing protection to be taken into account - this means that industry is not restrained in its activities providing it has done its best to reduce noise and workers wear appropriate hearing protection;

  • the limitation on personal noise exposure has been agreed at 87 dB(A) rather than 85 dB(A) - a more appropriate level for a prohibition;

  • hearing protectors are no longer required to reduce the risk below 80 dB(A). This would have been unnecessary in terms of health benefits and technically difficult to achieve where there were high ambient noise levels;

  • where noise exposure varies from day to day, it can be averaged over a week rather than over eight hours. This will concentrate control on areas of risk from continuous exposure;

  • the requirement for health surveillance at 80 dB(A) is now a right to hearing checks at 85 dB(A) (as in the existing Directive). This will avoid considerable unnecessary and costly medical intervention;

  • the limitation of 60 dB(A) on noise in sleeping quarters has been deleted. This was unworkable in certain industries; and

  • derogations: from wearing hearing protection have been introduced where it conflicts with health and safety.

    The HSE estimates that around 2.2 million workers will be affected, and that costs over 10 years will be less than £30 per exposed worker per year. Because noise-induced hearing loss is a long-latent disease, the benefits will occur mainly over a longer time period and, over 40 years, will broadly equate with the costs.

    Comparison of the 1986 and new noise directives

    Provision

    1986 Directive

    New Directive

    Reduce risk

    To lowest level reasonably practicable

    Eliminated at source or reduced to a minimum

    Assess and, where necessary, measure exposure

    Where noise experienced

    Where workers are, or are likely to be, exposed to risk

    Assessment period

    8 hours

    8 hours or 1 week

    Provide information and training to workers and reps

    85 dB(A)/200 Pa

    80 dB(A)/112 Pa

    Workers' right to hearing checks

    85 dB(A) by or under the responsibility of a doctor

    85 dB(A)/140 Pa by or under the responsibility of a doctor

    Health surveillance

    -

    Right to hearing tests at 85 dB(A)/140 Pa. To be available at 80 dB(A)/112 Pa where risk indicated

    Make hearing protection available

    85 dB(A)/200 Pa

    80 dB(A)/112 Pa

    Hearing protection to be worn

    90 dB(A)/200 Pa

    85 dB(A)/140 Pa selected to eliminate risk or reduce to a minimum

    Enforcing wearing of hearing protection

    -

    Employer to make every effort to enforce wearing

    Limit on exposure

    -

    87 dB(A)/200 Pa at the ear

    Programme of control measures

    90 dB(A)/200 Pa

    85 dB(A)/140 Pa

    Delimit areas, put up signs and control access

    Where reasonably practicable 90 dB(A)/200 Pa

    85 dB(A)/140 Pa where technically feasible and on the basis of the risk assessment

    Workers' representatives to receive information

    85 dB(A)/200 Pa (assessments)
    90 dB(A)/200 Pa (programmes of measures)

    Refers back to the Framework Directive (89/391/EEC), and refers specifically to the assessment of risks and identification of measures to be taken.

    Derogations

    Weekly exposure averaging; from hearing protection where health and safety risk

    From hearing protection where health and safety risk

    Transitional periods

    -

    5 years from exposure limitation for shipping
    2 years from implementation for music and entertainment sectors

    Non-application

    Sea and air transport

    Conflict with public service activities

    1Available at www.europarl.eu.int/omk/, free.