Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Date: 2003-02-06
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, health risk, noise, noise protection, occupational accident, occupational health

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DIRECTIVE 2003/10/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 February 2003

on the minimum health and safety requirements regarding the exposure of workers to the risks
arising from physical agents (noise)

(Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 137(2) thereof,

from the Commission (1),
Having regard to the proposal
submitted after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,

Having regard to the opinion of the Economic and Social
Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3), in the light of the joint text approved by
the Conciliation Committee on 8 November 2002,

Whereas:

(1)

for

Under the Treaty, the Council may adopt, by means of
directives, minimum requirements
encouraging
improvements, especially in the working environment,
to guarantee a better level of protection of the health
and safety of workers. Such directives are to avoid
imposing administrative, financial and legal constraints
in a way which would hold back the creation and devel-
opment of small and medium-sized undertakings.

(2) While, in accordance with the Treaty, this Directive does
not prevent any Member State from maintaining or
introducing more stringent protective measures,
its
implementation should not serve to justify any regres-
sion in relation to the situation which already prevails in
each Member State.

(3)

Council Directive 86/188/EEC of 12 May 1986 on the
protection of workers from the risks related to exposure
to noise at work (4) made provision for its re-examina-
tion by the Council on a proposal from the Commission
and with a view to reducing the risks concerned, taking
into account in particular progress made in scientific
knowledge and technology.

(1) OJ C 77, 18.3.1993, p. 12 and OJ C 230, 19.8.1994, p. 3.
(2) OJ C 249, 13.9.1993, p. 28.
(3) Opinion of the European Parliament of 20 April 1994 (OJ C 128,
9.5.1994, p. 146), confirmed on 16 September 1999 (OJ C 54,
25.2.2000, p. 75), Council Common Position of 29 October 2001
(OJ C E 45, 19.2.2002, p. 41) and decision of the European Parlia-
ment of 13 March 2002 (not yet published in the Official Journal).
(4) OJ L 137, 24.5.1986, p. 28. Directive as amended by Directive 98/

24/EC (OJ L 131, 5.5.1998, p. 11).

(4)

(5)

(6)

(7)

(8)

for

the adoption of measures

communication from the Commission on its
The
programme concerning safety, hygiene and health at
work (5) provides
to
promote safety at work, particularly with a view to
extending the scope of Directive 86/188/EEC and the re-
evaluation of the threshold values. The Council, in its
resolution of 21 December 1987 on safety, hygiene and
health at work (6), took note of this.

The communication from the Commission concerning
its action programme relating to the implementation of
the Community Charter of
the Fundamental Social
Rights of Workers provides for the introduction of
minimum health and safety requirements regarding the
exposure of workers to the risks caused by physical
In September 1990 the European Parliament
agents.
adopted
action
programme (7), inviting the Commission in particular to
draw up a specific directive on the risks caused by noise
and vibration and by any other physical agent at the
workplace.

concerning

resolution

this

a

As a first step, the European Parliament and the Council
adopted on 25 June 2002 Directive 2002/44/EC on the
minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical
agents (vibration) (sixteenth individual Directive within
the meaning of Article 16(1) of Directive 89/391/
EEC) (8).

As a second step, it is considered appropriate to intro-
duce measures protecting workers from the risks arising
from noise owing to its effects on the health and safety
of workers,
in particular damage to hearing. These
measures are intended not only to ensure the health and
safety of each worker on an individual basis, but also to
create a minimum basis of protection for all Community
workers in order to avoid possible distortions of compe-
tition.

Current scientific knowledge of the effects which expo-
sure to noise may have on health and safety is not suffi-
cient to enable precise exposure levels covering all risks
to health and safety, especially as regards the effects of
noise other than those of an auditory nature, to be set.

(5) OJ C 28, 3.2.1988, p. 3.
(6) OJ C 28, 3.2.1988, p. 1.
(7) OJ C 260, 15.10.1990, p. 167.
(8) OJ L 177, 6.7.2002, p. 13.

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(9)

(10)

(11)

(12)

(13)

A system of protection against noise must limit itself to
a definition, free of excessive detail, of the objectives to
be attained, the principles to be observed and the funda-
mental values to be used,
in order to enable Member
States to apply the minimum requirements in an equiva-
lent manner.

The level of exposure to noise can be more effectively
reduced by incorporating preventive measures into the
design of work stations and places of work and by
selecting work equipment, procedures and methods so
as to give priority to reducing the risks at source. Provi-
sions relating to work equipment and methods thus
contribute to the protection of the workers involved. In
accordance with the general principles of prevention as
laid down in Article 6(2) of Council Directive 89/391/
EEC of 12 June 1989 on the introduction of measures to
encourage improvements in the safety and health of
workers at work (1), collective protection measures have
priority over individual protection measures.

The Code on noise levels on board ships of the Interna-
tional Maritime Organisation Resolution A 468(12)
provides guidance for achieving a reduction of noise at
source on board ships. Member States should be entitled
to provide for a transitional period with regard to the
personnel on board seagoing vessels.

is useful

In order to correctly assess the exposure of workers to
to apply an objective measuring
noise it
method, and thus references to the generally recognised
standard ISO 1999:1990 are made. The assessed or
objectively measured values should be decisive for initi-
ating the actions envisaged at the lower and upper expo-
sure action values. Exposure limit values are needed to
avoid irreversible damage to workers' hearing; the noise
reaching the ear should be kept below the exposure limit
values.

The particular characteristics of the music and entertain-
ment sectors require practical guidance to allow for an
effective application of the provisions laid down by this
Directive. Member States should be entitled to make use
of a transitional period for the development of a code of
conduct providing for practical guidelines which would
help workers and employers in those sectors to attain
the levels of protection established in this Directive.

(15)

Since this Directive is an individual Directive within the
meaning of Article 16(1) of Directive 89/391/EEC, that
Directive applies to the exposure of workers to noise,
without prejudice to more stringent and/or specific
provisions contained in this Directive.

(16)

This Directive constitutes a practical
creating the social dimension of the internal market.

step towards

(17)

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

HAVE ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Aim and scope

1.
This Directive, which is the 17th individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC,
lays down minimum requirements
the protection of
workers from risks to their health and safety arising or likely to
arise from exposure to noise and in particular the risk to
hearing.

for

2.
The requirements of this Directive shall apply to activities
in which workers are or are likely to be exposed to risks from
noise as a result of their work.

3.
Directive 89/391/EEC shall apply fully to the whole area
referred to in paragraph 1, without prejudice to more stringent
and/or specific provisions contained in this Directive.

Article 2

Definitions

(14)

Employers should make adjustments in the light of tech-
nical progress and scientific knowledge regarding risks
related to exposure to noise, with a view to improving
the health and safety protection of workers.

For the purposes of this Directive, the physical parameters used
as risk predictors are defined as follows:

(a) peak sound pressure (ppeak): maximum value of the ‘C’-

frequency weighted instantaneous noise pressure;

(1) OJ L 183, 29.6.1989, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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(b) daily noise exposure level (LEX,8h) (dB(A) re. 20 µPa): time-
weighted average of the noise exposure levels for a nominal
eight-hour working day as defined by international standard
ISO 1999: 1990, point 3.6. It covers all noises present at
work, including impulsive noise;

The methods and apparatus used shall be adapted to the
2.
prevailing conditions particularly in the light of the characteris-
tics of
the length of exposure,
ambient factors and the characteristics of the measuring appa-
ratus.

the noise to be measured,

(c) weekly noise exposure level (LEX,8h ): 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).

Article 3

Exposure limit values and exposure action values

1.
For the purposes of this Directive the exposure limit
values and exposure action values in respect of the daily noise
exposure levels and peak sound pressure are fixed at:

(a) exposure

values:
limit
ppeak = 200 Pa (1) respectively;

LEX,8h = 87 dB(A)

and

(b) upper

exposure

action

values:

ppeak = 140 Pa (2) respectively;

LEX,8h 85 dB(A)

and

(c) lower

exposure

action values:

ppeak = 112 Pa (3) respectively.

LEX,8h = 80 dB(A)

and

2. When applying the exposure limit values, the determina-
tion of the worker's effective exposure shall take account of the
attenuation provided by the individual hearing protectors worn
by the worker. The exposure action values shall not
take
account of the effect of any such protectors.

3.
In duly justified circumstances, for activities where daily
noise exposure varies markedly from one working day to the
next, Member States may, for the purposes of applying the
exposure limit values and the exposure action values, use the
weekly noise exposure level in place of the daily noise exposure
level to assess the levels of noise to which workers are exposed,
on condition that:

(a) the weekly noise exposure level as shown by adequate
monitoring does not exceed the exposure limit value of
87 dB(A); and

(b) appropriate measures are taken in order to reduce the risk

associated with these activities to a minimum.

SECTION II

OBLIGATIONS OF EMPLOYERS

Article 4

Determination and assessment of risks

1.
In carrying out the obligations laid down in Articles 6(3)
and 9(1) of Directive 89/391/EEC, the employer shall assess
and, if necessary, measure the levels of noise to which workers
are exposed.

(1) 140 dB (C) in relation to 20 µPa.
(2) 137 dB (C) in relation to 20 µPa.
(3) 135 dB (C) in relation to 20 µPa.

These methods and this apparatus shall make it possible to
determine the parameters defined in Article 2 and to decide
whether, in a given case, the values fixed in Article 3 have been
exceeded.

The methods used may include sampling, which shall be

3.
representative of the personal exposure of a worker.

4.
The assessment and measurement referred to in para-
graph 1 shall be planned and carried out by competent services
at suitable intervals, taking particular account of the provisions
of Article 7 of Directive 89/391/EEC concerning the necessary
competent services or persons. The data obtained from the
assessment and/or measurement of the level of exposure to
noise shall be preserved in a suitable form so as to permit
consultation at a later stage.

5. When applying this Article,
the
measurement results shall take into account the measurement
inaccuracies determined in accordance with metrological prac-
tice.

the assessment of

Pursuant to Article 6(3) of Directive 89/391/EEC, the
6.
employer shall give particular attention, when carrying out the
risk assessment, 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

laid down in Article 3 of this Directive;

(c) any effects concerning the health and safety of workers

belonging to particularly sensitive risk groups;

(d) as far as technically achievable, any effects on workers'
health and safety resulting from interactions between noise
and work-related ototoxic substances, and between noise
and vibrations;

(e) any indirect effects on workers' health and safety 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) information on noise emission provided by manufacturers
in accordance with the relevant

of work equipment
Community directives;

(g) the existence of alternative work equipment designed to

reduce the noise emission;

(h) the extension of exposure to noise beyond normal working

hours under the employer's responsibility;

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(i) appropriate information obtained following health surveil-
lance, including published information, as far as possible;

(j) the availability of hearing protectors with adequate attenua-

tion characteristics.

7.
The employer shall be in possession of an assessment of
the risk in accordance with Article 9(1)(a) of Directive 89/391/
EEC, and shall identify which measures must be taken in accor-
dance with Articles 5, 6, 7 and 8 of this Directive. The risk
assessment shall be recorded on a suitable medium, according
to national law and practice. The risk assessment shall be kept
up to date on a regular basis, particularly if there have been
significant changes which could render it out of date, or when
the results of health surveillance show it to be necessary.

Article 5

Provisions aimed at avoiding or reducing exposure

1.
Taking account of technical progress and of the avail-
ability of measures to control the risk at source, the risks
arising from exposure to noise shall be eliminated at their
source or reduced to a minimum.

The reduction of such risks shall be based on the general prin-
ciples of prevention set out in Article 6(2) of Directive 89/391/
EEC, and take into account in particular:

(a) other working methods that require less 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 workers
work equipment subject to Community provisions with the
aim or effect of limiting exposure to noise;

(c) the design and layout of workplaces and work stations;

if

On the basis of the risk assessment referred to in Article
2.
4,
the
the upper exposure action values are exceeded,
employer shall establish and implement a programme of tech-
nical and/or organisational measures intended to reduce the
exposure to noise,
the
taking into account
measures referred to in paragraph 1.

in particular

3.
On the basis of the risk assessment referred to in Article
4, workplaces where workers are likely to be exposed to noise
exceeding the upper exposure action values shall be marked
with appropriate signs. The areas in question shall also be
delimited and access to them restricted where this is technically
feasible and the risk of exposure so justifies.

4. Where, owing to the nature of the activity, a worker
benefits from the use of rest facilities under the responsibility
of the employer, noise in these facilities shall be reduced to a
level compatible with their purpose and the conditions of use.

Pursuant

to Article 15 of Directive 89/391/EEC,

5.
the
employer shall adapt the measures referred to in this Article to
the requirements of workers belonging to particularly sensitive
risk groups.

Article 6

Personal protection

1.
If the risks arising from exposure to noise cannot be
prevented by other means, appropriate, properly fitting indivi-
dual hearing protectors shall be made available to workers and
used by them in accordance with the provisions of Council
Directive 89/656/EEC of 30 November 1989 on the minimum
health and safety requirements for the use by workers of
personal protective equipment at the workplace (third indivi-
dual Directive within the meaning of Article 16(1) of Directive
89/391/EEC) (1) and Article 13(2) of Directive 89/391/EEC and
under the conditions set out below:

(d) adequate information and training to instruct workers to
use work equipment correctly in order to reduce their
exposure to noise to a minimum;

(a) where noise exposure exceeds the lower exposure action
values, the employer shall make individual hearing protec-
tors available to workers;

(e) noise reduction by technical means:

(i) reducing airborne noise, e.g. by shields, enclosures,

sound-absorbent coverings;

(ii) reducing structure-borne noise, e.g. by damping or

isolation;

(f) appropriate maintenance programmes for work equipment,

the workplace and workplace systems;

(g) organisation of work to reduce noise:

(i) limitation of the duration and intensity of the exposure;

(b) where noise exposure matches or exceeds the upper expo-
individual hearing protectors shall be

sure action values,
used;

(c) the individual hearing protectors shall be so selected as to
eliminate the risk to hearing or to reduce the risk to a
minimum.

The employer shall make every effort

to ensure the
2.
wearing of hearing protectors and shall be responsible for
checking the effectiveness of the measures taken in compliance
with this Article.

(ii) appropriate work schedules with adequate rest periods.

(1) OJ L 393, 30.12.1989, p. 18.

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Article 7

Article 9

Limitation of exposure

Consultation and participation of workers

1.
Under no circumstances shall the exposure of the worker
as determined in accordance with Article 3(2) exceed the expo-
sure limit values.

2.
If, despite the measures taken to implement this Directive,
exposures above the exposure limit values are detected, the
employer shall:

(a) take immediate action to reduce the exposure to below the

exposure limit values;

(b) identify the reasons why overexposure has occurred; and

Consultation and participation of workers and/or of their repre-
sentatives shall take place in accordance with Article 11 of
Directive 89/391/EEC on the matters covered by this Directive,
in particular:

— the assessment of risks and identification of measures to be

taken, referred to in Article 4,

— the actions aimed at eliminating or reducing risks arising

from exposure to noise, referred to in Article 5,

— the choice of individual hearing protectors referred to in

Article 6(1)(c).

(c) amend the protection and prevention measures in order to

avoid any recurrence.

SECTION III

Article 8

Worker information and training

Without prejudice to Articles 10 and 12 of Directive 89/391/
EEC the employer shall ensure that workers who are exposed
to noise at work at or above the lower exposure action values,
and/or their representatives, receive information and training
relating to risks resulting from exposure to noise concerning,
in particular:

(a) the nature of such risks;

(b) the measures taken to implement this Directive in order to
eliminate or reduce to a minimum the risks from noise,
including the circumstances in which the measures apply;

(c) the exposure limit values and the exposure action values

laid down in Article 3 of this Directive;

(d) the results of the assessment and measurement of the noise
carried out in accordance with Article 4 of this Directive
together with an explanation of
their significance and
potential risks;

(e) the correct use of hearing protectors;

MISCELLANEOUS PROVISIONS

Article 10

Health surveillance

1. Without prejudice to Article 14 of Directive 89/391/EEC,
Member States shall adopt provisions to ensure the appropriate
health surveillance of workers where the results of the assess-
ment and measurement provided for in Article 4(1) of this
Directive indicate a risk to their health. Those provisions,
including the requirements specified for health records and
their availability,
shall be introduced in accordance with
national law and/or practice.

the responsibility of a doctor,

A worker whose exposure exceeds the upper exposure
2.
action values shall have the right
to have his/her hearing
checked by a doctor or by another suitably qualified person
under
in accordance with
national
law and/or practice. Preventive audiometric testing
shall also be available for workers whose exposure exceeds the
lower exposure action values, where the assessment and
measurement provided for in Article 4(1) indicate a risk to
health.

The objectives of these checks are to provide early diagnosis of
any loss of hearing due to noise, and to preserve the hearing
function.

(f) why and how to detect and report signs of hearing damage;

(g) the circumstances in which workers are entitled to health
surveillance and the purpose of health surveillance,
in
accordance with Article 10 of this Directive;

(h) safe working practices to minimise exposure to noise.

3. Member States shall establish arrangements to ensure
that, for each worker who undergoes surveillance in accordance
with paragraphs 1 and 2, individual health records are made
and kept up to date. Health records shall contain a summary of
the results of the health surveillance carried out. They shall be
kept in a suitable form so as to permit any consultation at a
later date, taking into account any confidentiality.

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Copies of the appropriate records shall be supplied to the
competent authority on request. The individual worker shall, at
his or her request, have access to the health records relating to
him or her personally.

Article 12

Technical amendments

4. Where, as a result of surveillance of the hearing function,
a worker is found to have identifiable hearing damage, a
doctor, or a specialist if the doctor considers it necessary, shall
assess whether the damage is likely to be the result of exposure
to noise at work. If this is the case:

(a) the worker shall be informed by the doctor or other
suitably qualified person of the result which relates to him
or her personally;

(b) the employer shall:

(i) review the risk assessment carried out pursuant

to

Article 4;

(ii) review the measures provided for to eliminate or

reduce risks pursuant to Articles 5 and 6;

(iii) take into account

the occupational
the advice of
healthcare professional or other
suitably qualified
person or the competent authority in implementing
any measures required to eliminate or reduce risk in
accordance with Articles 5 and 6, including the possi-
bility of assigning the worker to alternative work
where there is no risk of further exposure; and

Amendments of a strictly technical nature shall be adopted in
accordance with the regulatory procedure laid down in Article
13(2) and in line with:

(a) the adoption of directives in the field of technical harmoni-
sation and standardisation with regard to the design,
building, manufacture or construction of work equipment
and/or workplaces; and

(b) technical progress, changes in the most appropriate harmo-
nised European standards or specifications and new find-
ings concerning noise.

Article 13

Committee

The Commission shall be assisted by the Committee

1.
referred to in Article 17 of Directive 89/391/EEC.

(iv) arrange systematic health surveillance and provide for
a review of the health status of any other worker who
has been similarly exposed.

2. Where reference is made to this paragraph, Articles 5 and
7 of Council Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

Article 11

Derogations

1.
In exceptional situations where, because of the nature of
the work, the full and proper use of individual hearing protec-
tors would be likely to cause greater risk to health or safety
than not using such protectors, Member States may grant dero-
gations from the provisions of Articles 6(1)(a) and (b) and 7.

The derogations referred to in paragraph 1 shall be
2.
granted by Member States following consultation with both
sides of industry and, where appropriate, with the medical
authorities responsible, in accordance with national laws and/or
practice. Such derogations must be accompanied by conditions
which guarantee, taking into account the special circumstances,
that the resulting risks are reduced to a minimum and that the
workers concerned are subject to increased health surveillance.
Such derogations shall be reviewed every four years and with-
drawn as soon as the justifying circumstances no longer obtain.

Every four years Member States shall

3.
forward to the
Commission a list of derogations referred to in paragraph 1,
indicating the exact reasons and circumstances which made
them decide to grant the derogations.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

Article 14

Code of conduct

In the context of the application of this directive Member States
shall draw up in consultation with the social partners, in accor-
law and practice, a code of conduct
dance with national
providing for practical guidelines
and
employers in the music and entertainment sectors to meet their
legal obligations as laid down in this Directive.

to help workers

Article 15

Repeal

Directive 86/188/EEC is hereby repealed with effect from the
date set out in the first subparagraph of Article 17(1).

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SECTION IV

FINAL PROVISIONS

Article 16

Reports

Every five years Member States shall provide a report to the
Commission on the practical implementation of this Directive,
indicating the points of view of both sides of industry. It shall
contain a description of best practice for preventing noise with
a harmful effect on health and of other forms of work organisa-
tion, together with the action taken by the Member States to
impart knowledge of such best practice.

On the basis of those reports, the Commission shall carry out
an overall assessment of the implementation of this Directive,
including implementation in the light of research and scientific
information, and, inter alia, taking into account the implications
of this Directive for the music and entertainment sectors. The
Commission shall inform the European Parliament, the Council,
the European Economic and Social Committee and the Advi-
sory Committee on Safety, Hygiene and Health Protection at
Work thereof and, if necessary, propose amendments.

Article 17

Transposition

1.
The Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 15 February 2006. They shall forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

In order to take account of particular conditions, Member
2.
States may, if necessary, have an additional period of five years
from 15 February 2006, that is to say a total of eight years, to
implement
the provisions of Article 7 with regard to the
personnel on board seagoing vessels.

In order to allow for the drawing up of a code of conduct
providing for practical guidelines for the implementation of the
provisions of this Directive, Member States shall be entitled to
make use of a maximum transitional period of two years from
15 February 2006, that is to say a total of five years from the
entry into force of this Directive, to comply with this Directive,
with regard to the music and entertainment sectors on the
condition that during this period the levels of protection
already achieved in individual Member States, with regard to
the personnel in these sectors, are maintained.

3.
The Member States shall communicate to the Commis-
sion the text of the provisions of national law which they adopt
or have already adopted in the field covered by this Directive.

Article 18

Entry into force

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Article 19

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 6 February 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. EFTHYMIOU