The Noise at Work Regulations 1989

The 1989 Noise at Work Regulations1 implemented the noise at work Directive (86/188/EC) in the UK. The Regulations are accompanied by guidance. The HSE estimates that deafness, tinnitus and other ear conditions account for almost one in 10 cases of work-related illness. The Regulations account for very few HSEprosecutions - just six in the past six years - and around 1% of all enforcement notices issued, most of which are improvement notices. 

Amended by:

  • The Personal Protective Equipment at Work Regulations 1992 (SI 1992 No.2966)

  • The Offshore Electricity and Noise Regulations 1997 (SI 1997 No.1993)

  • The Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996 No.341)

    • The 1989 Noise at Work Regulations1 implemented the noise at work Directive (86/188/EC) in the UK. The Regulations are accompanied by guidance. The HSE estimates that deafness, tinnitus and other ear conditions account for almost one in 10 cases of work-related illness. The Regulations account for very few HSE prosecutions - just six in the past six years - and around 1% of all enforcement notices issued, most of which are improvement notices.

    Duty-holders

    Principally employers and the self-employed, but employees and manufacturers of plant have some duties. Employers' duties apply to the self-employed in respect of themselves. Where an employer owes a duty to an employee it also owes a duty, so far as is reasonably practicable, to any other person at work who may be affected by noise from the employer's work.

    People/process assessed

    Any worker who may be affected by noise from the employer's work.

    Purpose of assessment

    To identify workers exposed to either at or above the "first action level" - a personal daily noise exposure of 85 dB(A) - or the "peak action level" - a peak sound pressure of 200 pascals - and to provide information needed to: reduce noise exposure; determine what personal ear protection may be needed; define ear protection zones; and to provide information for employees.

    Details of duty

    The assessment should be "adequate", which is synonymous with "suitable and sufficient". The duty-holder needs to ensure the assessment achieves its purpose. Where any worker is likely to be exposed to the "second action level" - a personal daily noise exposure of 90 dB(A) - or the peak action level the employer must, so far as is reasonably practicable, reduce that exposure.

    Where exposure is likely to be between the first and second action levels, an employer must, so far as is reasonably practicable, provide suitable and efficient personal ear protectors to a worker who asks for them.

    Where exposure is likely to exceed the second or peak action levels, an employer must, so far as is reasonably practicable, provide suitable personal ear protectors that, when worn properly, are likely to reduce the risk of hearing damage to below that arising from exposure to the second and peak action levels.

    An employer must designate any part of its premises where a worker is likely to be exposed at the second or peak action level as an ear protection zone and put up signs warning that ear protection must be worn in that area.

    An employer must ensure that anything it provides in compliance with the Regulations is used (except for ear protectors provided on request to workers at exposures between action level one and two) and is in good working order and repair.

    Timing of assessments

    Assessments should be made whenever workers are likely to be exposed to the first or peak action levels and reviewed if there is reason to suspect they are no longer valid or there have been significant changes in the work.

    Records to be kept

    Records must be kept of significant findings and kept until the next assessment is made.

    Provision of information, instruction and training

    Workers likely to be exposed to the first or peak action levels must be given information, instruction and training on the risk of damage to hearing, and steps that can be taken to minimise the risk. Designers, manufacturers, suppliers and importers of plant and equipment that is likely to expose a worker to the first or peak action level must provide adequate information on the noise likely to be generated.

    Assistance from competent persons

    The Regulations specify that the risk assessment must be undertaken by a competent person. Most health and safety Regulations do not make this requirement explicit, but in practice all risk assessments should be carried out by a competent person to ensure the assessment achieves its purpose. This could be the duty-holder if it has the requisite knowledge, experience and understanding.

    Consultation with safety representatives

    This is not specifically addressed in the Regulations but is probably covered by an employer's general consultation duties under the Safety Representatives and Safety Committees Regulations 1977 (as amended), and the Health and Safety (Consultation with Employees) Regulations 1996.

    Employee's duties

    Employees exposed to the second action level must use the personal ear protection and any other protective measures provided and must report any defects found.

    Liability

    Criminal and civil.

    Exclusions

    Employment on sea-going ships, aircraft and hovercrafts.

    1SI No.1989/1790. The Regulations and guidance on compliance are contained in "Reducing noise at work: guidance on the Noise at Work Regulations 1989", L108, HSE Books, ISBN 0 7176 1511 1, £9.75.