5. 11.82 Official Journal of the European Communities No C 289/1 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the protection of workers from the risks related to 
exposure to chemical, physical and biological agents at work: noise 
(Submitted by the Commission to the Council on 18 October 1982) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the 
Commission, drawn up after consulting the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work, 
Having regard to the opinion of. the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Council resolution of 29 June 1978 on 
an action programme of the European Communities 
on safety and health at work(I) provides for the 
implementation of specific harmonized procedures 
for the protection of workers exposed to noise; 
whereas the measures adopted in this field vary from 
State to State and it is recognized that they urgently 
need to be approximated and improved; 
Whereas exposure to high noise levels is 
encountered in a large number of situations and 
therefore many workers are exposed to a potential 
health hazard; 
Whereas a reduction of the exposure to noise 
reduces the risk of hearing impairment caused by 
noise; 
Whereas, where the noise level at the workplace 
involves a risk for the health and safety of workers, 
limiting exposure to noise reduces that risk without 
prejudice to the applicable provisions on the 
limitation of noise emission; 
Whereas the simplest and most effective way of 
reducing noise levels at work is to incorporate noise prevention measures into the design of installations 
and to choose materials, procedures and working 
methods which produce less noise; whereas the 
priority aim must be to achieve the said reduction at 
source; 
Whereas noise is an agent to which the provisions of 
Council Directive 80/1107/EEC of 27 November 
1980 on the protection of workers from the risks 
related to exposure to chemical, physical and 
biological agents at work(2) apply; whereas 
Articles 3 and 4 of the said Directive provide for the 
possibility of laying down limit values and other 
special measures in respect of the agents being 
considered; 
Whereas certain technical aspects must be defined 
and may be reviewed in the light of experience 
gained and progress made in the technical and 
scientific field, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. Without prejudice to the provisions of Directive 
80/1107/EEC, the aim of this Directive is the 
protection of workers against risks to their hearing 
and safety, including the prevention of such risks, to 
which they are exposed or likely to be exposed at 
work from exposure to noise, by laying down limit 
values and other special measures. 
2. This Directive shall not prejudice the right of 
Member States to apply or introduce laws, 
regulations or administrative provisions ensuring 
greater protection for workers, and/or intended to 
reduce the noise at work at source wherever 
possible, with a view to attaining levels which do not 
expose workers to danger or discomfort. 
(i) OJ NoC 165, 11.7. 1978, p. 1. (2) OJ No L 327, 3. 12. 1980, p. 8. 
No C 289/2 Official Journal of the European Communities 5. 11.82 
Article 2 Article 3 
For the purposes of this Directive, the following terms 
have the meaning hereby assigned to them: 
Sound exposure level LEX.T 
The sound exposure level over a period T is expressed 
in dB(A) using the formula: 
\\ PA (t) dt 
LEX.T = 10 log10 = 
where: 
Ec) = 1152 x l(T5Pa2S, 
T = exposure time in seconds, 
PA(t) = instantaneous level of A-weighted sound 
pressure in Pascals. 
The daily sound exposure level LEX, a is obtained by set­
ting, in the general formula, exposure time T equal to the 
actual daily period spent at work. 
The weekly mean of daily sound exposure levels is equal 
to 
LEx.w= 10 log 0-2 2 1001 LEXk 
k= 1 
dt where LEx,k are the daily sound exposure level values for 
each of the M working days in the week being considered. 
Equivalent continuous A-weighted sound pressure level 
The equivalent continuous A-weighted sound pressure 
level during time T in dB(A) is found by using the follow­
ing formula: 
in i ' fTfpA(0" W = 10 log,,, T J „ [-p-_ 
where: 
P0is a reference sound pressure of 20 ^Pa, 
T is the measurement time in seconds. 
The relationship between sound exposure level and equi­
valent continuous A-weighted sound pressure level is 
found by using the following formula: 
T; 
LEx.i = LAeq,i + 10 logio; 
LEX,T = 10 log io 
where: N 
i = 1 T0 
JQ0-1 LEXJ 
l-Aeq,; is the value of LAeq over the period of 
time Tj, 
LEX,i is the value of LEX over the period of 
time Tj, 
N 
T = 2 Tj is the total exposure time, 
i= 1 
N is the total number of periods of time, 
T0 is a reference period equal to 28-8 x 10s 
(eight hours). This Directive shall apply to all employed persons 
whose exposure to noise at work is likely to exceed 
the limit values laid down in Article 4, no account 
being taken of any hearing protector used. 
Article 4 
1. The peak sound pressure to which the ear of a 
worker is subjected at work must not exceed the 
limit value of p = 200 Pa (i.e. 140 dB in relation to 
20 uPa). 
2. The daily sound exposure level to which the ear 
of a worker is subjected at work must not exceed the 
limit value of LEX,C1 = 85 dB(A). 
However, where it is not reasonably feasible to 
comply with this limit from the date on which the 
measures provided for in this Directive are to take 
effect, the limit value may be increased to LEX,d = 
90 dB(A) for a transitional period of a maximum of 
five years from the aforesaid date. 
Before granting such derogation, the responsible 
authority of the Member State shall take into 
account the preventive measures incorporated into 
the design and construction of the installation in 
question. 
3. The limit values indicated in paragraphs 1 and 2 
shall be understood as taking account of the 
measures taken to implement Article 6. 
Article 5 
1. Noise shall be assessed and measured as part of 
a general programme, for which the employer shall 
be responsible, aimed at identifying the workers 
referred to in Article 3 and ensuring that, taking into 
account fluctuations and uncertainties, the limit 
values laid down in Article 4 have not been 
exceeded. 
The apparatus used shall be adapted to the 
conditions prevailing at the workplace. 
2. The reference method for the measurement of 
noise is described in Annex 1; the technical 
specifications contained therein may be extended 
and adapted to technical progress in accordance 
with the procedure set out in Article 15. Other 
methods may be employed, in particular, methods 
based on the measurement of the noise level at the 
workplace provided, however, that they always 
ensure the detection of any failure to comply with 
the limit values. 
Article 6 
1. The exposure to noise of the workers referred to 
in Article 3 must always be reduced as far as 
5. 11. 82 Official Journal of the European Communities No C 289/3 
reasonably practicable by means of technical or 
organizational measures. 
2. Without prejudice to the provisions of 
paragraph 1, where application thereof does not 
bring about compliance with the limit values laid 
down in Article 4, hearing protectors must be used. 
3. Where noise at work and/or the implementation 
of the provisions of paragraphs 1 and 2 involve a 
risk of accident, such risk must be reduced as far as 
reasonably practicable by means of appropriate 
measures, without prejudice to the provisions of 
Article 4. 
Article 7 
Wherever there is the risk of exposure as referred to 
in Article 3, the employer must install appropriate 
signs or take equivalent steps to inform workers, in 
accordance with the relevant provisions. 
Article 8 
1. Where hearing protectors are used, they must be 
suited to prevailing working conditions and, in 
particular, attenuate noise sufficiently to comply 
with the limit values laid down in Article 4. They 
shall be provided in sufficient numbers by the 
employer, who should allow, as fas as possible, the 
workers concerned some choice of model. 
2. The wearing of the protectors referred to in 
paragraph 1 must not involve an increase in the risk 
to the health or safety of the worker concerned. 
Article 9 
1. Health surveillance shall be carried out on those 
workers for whom, in accordance with the 
provisions of Article 6 (2), recourse is had to hearing 
protectors. This surveillance shall include an 
audiometric examination and shall form part of 
general health surveillance if such exists; it shall be 
based on the principles governing occupational 
medicine generally, with a view to the early 
detection of any damage to hearing from noise and 
to the conservation of hearing. 
2. The audiometric examination shall include: 
— an initial audiometry, to be carried out as soon 
as the provisions in paragraph 1 apply, unless 
the worker concerned is at that point already 
subject to audiometric examinations, which shall 
be continued, 
— a repeat audiometry to be carried out within a 
period permitting the detection of any particular 
sensitivity to noise, — periodic audiometric examinations at intervals 
of no more than three years. 
3. The reference method for the audiometric 
examination is described in Annex 2; the 
specifications contained therein may be extended 
and adapted to technical progress in accordance 
with the procedure set out in Article 15. 
Other methods may be used provided that they 
always comply with the principles set out in 
paragraph 1. 
4. Each worker shall have access to the results of 
the examinations which he has undergone in 
pursuance of this Directive and to the interpretation 
placed upon them. 
5. If the physician responsible for health 
surveillance suspects that there are risks to hearing 
at work, he shall inform the employer in accordance 
with national legislation or practice, and shall assist 
in the establishment of measures to reduce the risk. 
6. If the physician imposes certain noise exposure 
conditions on a particular worker on account of his 
state of health, the employer shall be required to 
comply with these restrictions. 
Any worker removed from a job in pursuance of 
these provisions and in accordance with national 
legislation or practice, shall, where possible, be 
transferred to another job. 
7. The workers concerned and their employer may 
ask for the health assessment referred to in 
paragraph 6 to be reviewed by a competent body. 
Article 10 
1. In undertakings employing workers as referred 
to in Article 3, the employer shall keep a record 
containing: 
— information gathered in pursuance of the 
provisions of Article 5, 
— the measures taken to implement the provisions 
of Article 6, 
— the conclusions communicated to him in 
pursuance of the provisions of Article 9. 
2. The workers and/or their representatives in the 
undertakings or establishments, where they exist, 
shall have access to this information. 
3. The personal file on each worker as referred to 
in Article 9 shall also contain the information listed 
in paragraph 1 of this Article concerning the 
aforesaid worker. 
No C 289/4 Official Journal of the European Communities 5. 11. 82 
Article 11 
The workers referred to in Article 3 must be 
informed of: 
— the potential risks to their health arising from 
noise exposure, 
— the measures taken in pursuance of the 
provisions of Article 6, 
— the importance of complying with technical and 
statutory provisions, 
and receive appropriate instruction and training on 
these points. 
Article 12 
1. Where new activities or new workplaces are 
being organized, or where existing activities or 
workplaces are being reorganized, the employer 
shall ensure that designers, builders and/or 
constructors comply with provisions of Article 
6(1). 
2. Where any article (tool, machine, apparatus, 
etc.) intended for use at work causes when properly 
used, exposure, which is likely to exceed the limit 
values laid down in Article 4, the designer, 
manufacturer, importer or supplier of the article 
must take the necessary steps to obtain and make 
available adequate information on the exposure and 
on the measures which should be taken to reduce it 
to a minimum. 
In determining what is proper use within the 
meaning of this paragraph, no account is to be taken 
of the use of hearing protectors. 
Article 13 
Measures taken in pursuance of this Directive shall 
be consonant with the gravity of the risk; they shall 
be decided upon and implemented by the employer 
after consulting the workers and/or their 
representatives in the undertakings or 
establishments where they exist, who can check that 
such measures are applied or can be involved in 
their application. 
Persons given the task of implementing these 
measures must have appropriate qualifications and 
workers are required to cooperate with employers in 
their implementation. 
Article 14 
1. In the case of workplaces where noise exposure 
varies markedly from one working day to the next, Member States may grant derogations from the 
provisions of Article 4 (2), but only on condition 
that the weekly average of the daily sound exposure 
levels complies with the limit value laid down in that 
Article. 
2. In addition, Member States may grant 
derogations from Article 4 if the implementation of 
Article 6 (2) leads to an increase in the overall risk 
(including that not affecting hearing) to the health 
and/or safety of the workers concerned. 
Each of these derogations shall be subject to 
conditions which, in view of the individual 
circumstances, ensure that the overall risk is reduced 
to a minimum and that, in particular, the health 
surveillance described in Article 9 is reinforced. 
Each derogation shall be reviewed periodically, and 
revoked as soon as is reasonably feasible. 
Member States shall keep a record of derogations 
granted under the terms of this paragraph; a 
summary of the information contained therein shall 
be forwarded annually to the Commission. 
Article 15 
1. The provisions required for the finalization of 
the technical aspects referred to in Annexes 1 and 2 
and their adaptation to technical progress shall be 
adopted by the Committee referred to in Article 9 of 
Directive 80/1107/EEC, in accordance with the 
procedure mentioned in Article 10 of that 
Directive. 
2. The implementation of paragraph 1 shall not, 
however, lead to any change in the meaning of the 
limit values. 
Article 16 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary 
to comply with this Directive by 31 December 1984 
and shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national 
law which they adopt in the field covered by this 
Directive. 
Article 17 
This Directive is addressed to the Member States. 
5. 11. 82 Official Journal of the European Communities No C 289/5 
ANNEX 1 
Reference method for noise measurement 
Where this reference method is employed, noise measurement shall be carried out as follows. 
1. Instrumentation 
The daily sound exposure level (LEX.CO or the equivalent continuous A-weighted sound pressure 
level for an eight-hour period (LAeq,8h) shall be measured directly using integrating apparatus 
which ensures that the sound energy, to which the ears of workers at risk are exposed throughout 
the actual daily period spent working, is measured in accordance with the definitions given in 
Article 2. 
The instrument must comply at least with the Type 1 specifications in IEC Publication 651 and be 
designed in such a way as to provide a sufficiently wide dynamic range (to avoid any overload 
from peak sound pressure) and to ensure adequate integration of instantaneous pressures; it must 
include an overload indicator. 
The maximum (peak) instantaneous sound pressure shall be measured directly using an 
instrument (complying with the provisions of IEC Publication 651) including a display which 
shows the peak value either of this sound pressure or of its level in relation to the reference 
pressure of 20 u.Pa; the onset time constant of this instrument shall not exceed 100 \iS. 
2. Microphone siting 
Wherever possible, the microphone shall be positioned where the worker's head is normally 
situated. 
If the measuring apparatus, or the microphone alone, has to be attached to the individual worker, 
the microphone shall be placed at least 10 cm away from the worker's head on the side where the 
highest exposure has been recorded. 
3. Noise attenuation through hearing protectors 
When hearing protectors are worn, noise exposure (instantaneous sound pressure and daily 
sound exposure levels), determined on the assumption that protectors are not worn, shall be 
corrected by applying the corresponding attenuation factor. 
4. Protocol 
The protocol shall include relevant details on the method and measurement apparatus used as 
well as on the conditions under which the measurements were taken; in addition, it shall include 
an estimate of measurement uncertainties. 
ANNEX 2 
Reference method for audiometric surveillance 
Where this reference method is employed, audiometric surveillance shall comply with the 
specifications of draft standard ISO DIS 6189.2 — 1981 supplemented as follows. 
The audiometer shall cover at least the frequencies 500, 1000, 2000, 3000, 4000, 6000 and 
8000 Hz; the ambiant sound level shall enable a hearing threshold level equal to 0 dB re ISO 389 
— 1975 to be measured. 
No C 289/6 Official Journal of the European Communities 5. 11. 82 
The subject must not have been exposed to a sound pressure level exceeding 80 dB(A) (account 
being taken of any hearing protectors worn) during the 14 hours preceding the audiometric 
examination. 
This examination shall be preceded by an otoscopic examination; if cerumen is obstructing the 
auditory canal, it should be removed and the audiometric examination carried out only after a 
suitable interval laid down by the physician in charge of health surveillance.