Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006
Source: Iris Oifigiúl 2006-07-21

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paragraphs: Citation and Commencement.
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paragraphs: Interpretation.
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paragraphs: Application.
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paragraphs: Exposure Limit Values and Exposure Action Values.
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paragraphs: Determination and Assessment of Risks.
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paragraphs: Provisions aimed at Avoiding or Reducing Exposure.
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paragraphs: Personal Protection.
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paragraphs: Employee Information, Training and Consultation.
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paragraphs: Health Surveillance.
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paragraphs: Exemptions.
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paragraphs: Transitional Periods.
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paragraphs: Revocations and Savings.
S.I. No. 371 of 2006
Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006
I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 58 of the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment)(Delegation of Ministerial Functions) Order 2005 ( S.I. No. 316 of 2005 and for the purpose of giving effect to Directive 2003/10/EC of the European Parliament and the Council of 6 February 20031 , after consultation with the Health and Safety Authority, hereby make the following regulations:
Citation and Commencement
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paragraphs: (1) These Regulations may be cited as the Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006.
(2) Subject to the transitional periods specified in Regulation 11, these Regulations shall come into operation on their making.
Interpretation
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paragraphs: (1) In these Regulations -
“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);
“Authority” means the Health and Safety Authority as defined in Part 5 of the Act;
“daily noise exposure level” expressed as (LEX, 8h) (dB)(A) re: 20 μPa) means the time-weighted average of the noise exposure level for a nominal eight-hour working day as defined by international standard ISO (International Organization for Standardization) 1999: 1990, point 3.6, covering all noises present at work, including impulsive noise;
“Directive” means Directive 2003/10/EC of the European Parliament and of the Council of 6 February 20032 ;
“exposure action values” mean the daily noise exposure level or peak sound pressure level which, if exceeded for any employee, requires specified action to be taken to reduce risk;
“exposure limit value” means the level of daily noise exposure or peak sound pressure which must not be exceeded for any employee;
“noise” means any audible sound;
“peak sound pressure” expressed as (p peak) means the maximum value of the “C”-frequency weighted instantaneous noise pressure;
“weekly noise exposure level” expressed as (LEX, 8h) means the time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999: 1990, point 3.6 (note 2).
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive.
Application
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paragraphs: These Regulations shall apply to activities in which employees are or are likely to be exposed to risks to their safety and health arising from exposure to noise during their work and, in particular, the risk to hearing.
Exposure Limit Values and Exposure Action Values
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paragraphs: (1) For the purposes of these Regulations, the exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure are -
(a) exposure limit values -
LEX,8h = 87 dB(A) and ppeak = 140dB(C) in relation to 20 μPa.,
(b) upper exposure action values -
LEX,8h = 85 dB(A) and ppeak = 137dB(C) in relation to 20 μPa.,
(c) lower exposure action values -
LEX,8h = 80 dB(A) and ppeak = 135dB(C) in relation to 20 μPa..
(2)(a) An employer, when applying the exposure limit values referred to in paragraph (1)(a) in determining an employee's effective exposure shall take account of the attenuation provided by individual hearing protectors worn by the employee.
(b) The exposure action values referred to in paragraphs (1)(b) and (c shall not take account of the effect of any such hearing protectors as referred to in subparagraph (a).
(3) For activities where the daily noise exposure varies markedly from one working day to the next, an employer, for the purposes of applying the exposure limit values and the exposure action values, may use the weekly noise exposure level in place of the daily noise exposure level to assess the levels of noise to which his or her employees are exposed, provided that -
(a) the weekly noise exposure level as shown by adequate monitoring does not exceed the exposure limit value of 87db(A), and
(b) appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.
Determination and Assessment of Risks
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paragraphs: (1) Without prejudice to the requirements of sections 19 and 20 of the Act where employees are liable to be exposed to noise at work above a lower exposure action value, an employer shall, in consultation with his or her employees or representatives, or both, make a suitable and appropriate assessment of the risk arising from such exposure.
(2) In carrying out the risk assessment referred to in paragraph (1), an employer shall, if necessary, measure the levels of noise to which his or her employees are exposed.
(3) An employer shall be responsible for the assessment referred to in paragraphs (1) and (2) being planned and carried out competently at suitable intervals and any sampling shall be representative of the daily personal exposure of an employee to noise.
(4) The methods and apparatus used in the measurement of noise at work for the purposes of these Regulations shall be adapted to the prevailing conditions particularly in the light of the characteristics of the noise to be measured, the length of exposure, ambient factors and the characteristics of the measuring apparatus and shall make it possible to determine the parameters defined in Regulation 2 and to decide whether in a given case, the values specified in Regulation 4 have been exceeded.
(5) An employer shall give particular attention when carrying out a risk assessment under this Regulation to the following -
(a) the level, type and duration of exposure, including any exposure to impulsive noise,
(b) the exposure limit values and the exposure action values specified in Regulation 4,
(c) the effects of exposure to noise on employees whose safety or health is at particular risk from such exposure,
(d) as far as technically possible, any effects on employees’ safety and health resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations,
(e) any indirect effects on employees’ safety or health resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents,
(f) any information on noise emission provided by the manufacturers of work equipment in accordance with section 16 of the Act,
(g) the availability of alternative equipment designed to reduce noise emission,
(h) the extension of exposure to noise beyond normal working hours under the employer's responsibility,
(i) appropriate information obtained from health surveillance including where possible, published information, and
(j) the availability of hearing protectors with adequate attenuation characteristics.
(6) Without prejudice to the provisions of section 19(3) of the Act, an employer shall review a risk assessment undertaken for the purposes of these Regulations where the results of health surveillance undertaken in accordance with Regulation 9 show it to be necessary.
(7) An employer shall record in the safety statement drawn up pursuant to section 20 of the Act -
(a) the findings of the risk assessment as soon as it is practicable after it is made, and
(b) the steps which he or she has taken to meet the requirements of Regulations 6, 7 and 8.
(8) The assessment and, if necessary, measurement referred to in paragraph (2 shall be reviewed at suitable intervals and, in particular, where either of the conditions specified in section 19(3) (a) and (b), of the Act are met.
Provisions aimed at Avoiding or Reducing Exposure
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paragraphs: (1) In compliance with the general principles of prevention set out in Schedule 3 to the Act, and in consultation with his or her employees or representatives, or both an employer shall ensure, so far as is reasonably practicable, that the risk arising from exposure of his or her employees to noise is either eliminated at source or reduced to a minimum.
(2) In complying with the requirements of paragraph (1), an employer shall take into account, in particular -
(a) other methods of work which eliminate or reduce exposure to noise,
(b) the choice of appropriate work equipment, taking account of the work to be done, emitting the least possible noise, including the possibility of making available to employees work equipment in compliance with section 16 of the Act with the aim or effect of limiting exposure to noise,
(c) the design and layout of places of work and workstations,
(d) adequate information and training to instruct employees to use work equipment correctly and safely in order to reduce their exposure to noise to a minimum,
(e) noise reduction by technical means, such as -
(i) reducing air-borne noise, for instance by use of shields enclosures, and sound absorbent coverings,
(ii) reducing structure-borne noise, for instance by damping or isolation,
(f) appropriate maintenance programmes for work equipment, the places of work and systems of work,
(g) organisation of work to reduce noise by -
(i) limiting the duration and intensity of the exposure,