CELEX: 51982PC0646
Language: en
Date: 1982-10-15
Title: 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

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                                  prevention measures into the design of installations
COMMUNITIES,                                                 and to choose materials, procedures and working
                                                             methods which produce less noise; whereas the
Having regard to the Treaty establishing the                 priority aim must be to achieve the said reduction at
European Economic Community, and in particular               source;
Article 100 thereof,
                                                             Whereas noise is an agent to which the provisions of
Having regard to the proposal from the                       Council Directive 80/1107/EEC of 27 November
Commission, drawn up after consulting the                    1980 on the protection of workers from the risks
Advisory Committee on Safety, Hygiene and Health             related to exposure to chemical, physical and
Protection at Work,                                          biological agents at work(2) apply; whereas
Having regard to the opinion of. the European                Articles 3 and 4 of the said Directive provide for the
Parliament,                                                  possibility of laying down limit values and other
                                                             special measures in respect of the agents being
Having regard to the opinion of the Economic and
                                                             considered;
Social Committee,
                                                             Whereas certain technical aspects must be defined
Whereas the Council resolution of 29 June 1978 on
an action programme of the European Communities              and may be reviewed in the light of experience
on safety and health at work( I ) provides for the           gained and progress made in the technical and
implementation of specific harmonized procedures             scientific field,
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       HAS ADOPTED THIS DIRECTIVE:
need to be approximated and improved;
                                                                                     Article 1
Whereas exposure to high noise levels is
encountered in a large number of situations and              1. Without prejudice to the provisions of Directive
therefore many workers are exposed to a potential            80/1107/EEC, the aim of this Directive is the
health hazard;                                               protection of workers against risks to their hearing
                                                             and safety, including the prevention of such risks, to
Whereas a reduction of the exposure to noise                 which they are exposed or likely to be exposed at
reduces the risk of hearing impairment caused by             work from exposure to noise, by laying down limit
noise;                                                       values and other special measures.
Whereas, where the noise level at the workplace              2. This Directive shall not prejudice the right of
involves a risk for the health and safety of workers,        Member States to apply or introduce laws,
limiting exposure to noise reduces that risk without         regulations or administrative provisions ensuring
prejudice to the applicable provisions on the                greater protection for workers, and/or intended to
limitation of noise emission;                                reduce the noise at work at source wherever
Whereas the simplest and most effective way of               possible, with a view to attaining levels which do not
reducing noise levels at work is to incorporate noise        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.
 ---pagebreak--- 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                This Directive shall apply to all employed persons
have the meaning hereby assigned to them:                              whose exposure to noise at work is likely to exceed
                                                                       the limit values laid down in Article 4, no account
Sound exposure level LEX.T                                             being taken of any hearing protector used.
The sound exposure level over a period T is expressed
in dB(A) using the formula:                                                                    Article 4
                                   \ \ P A (t) dt
              LEX.T = 10 log10             =                           1. The peak sound pressure to which the ear of a
where:                                                                 worker is subjected at work must not exceed the
                                                                       limit value of p = 200 Pa (i.e. 140 dB in relation to
Ec) = 1152 x l ( T 5 P a 2 S ,                                         20 uPa).
T        = exposure time in seconds,
                                                                       2. The daily sound exposure level to which the ear
P A (t) = instantaneous level            of   A-weighted   sound       of a worker is subjected at work must not exceed the
            pressure in Pascals.                                       limit value of LEX,C1 = 85 dB(A).
                                                                        However, where it is not reasonably feasible to
The daily sound exposure level L EX , a is obtained by set-            comply with this limit from the date on which the
ting, in the general formula, exposure time T equal to the             measures provided for in this Directive are to take
actual daily period spent at work.                                     effect, the limit value may be increased to LEX,d =
                                                                       90 dB(A) for a transitional period of a maximum of
The weekly mean of daily sound exposure levels is equal                 five years from the aforesaid date.
to                                                                      Before granting such derogation, the responsible
           LEx.w= 10 log 0-2 2              10 0 1 LEXk                authority of the Member State shall take into
                                    k= 1
                                                                       account the preventive measures incorporated into
where LEx,k are the daily sound exposure level values for              the design and construction of the installation in
each of the M working days in the week being considered.                question.
                                                                        3. The limit values indicated in paragraphs 1 and 2
Equivalent continuous A-weighted sound pressure level                   shall be understood as taking account of the
                                                                        measures taken to implement Article 6.
The equivalent continuous A-weighted sound pressure
level during time T in dB(A) is found by using the follow-
ing formula:                                                                                   Article 5
                                         T p
           W = in      10 ilog,,, ' T Jf „f A(0"
                                              [-p-_     dt              1. Noise shall be assessed and measured as part of
                                                                       a general programme, for which the employer shall
where:                                                                 be responsible, aimed at identifying the workers
                                                                       referred to in Article 3 and ensuring that, taking into
P 0 is a reference sound pressure of 20 ^Pa,
                                                                       account fluctuations and uncertainties, the limit
T is the measurement time in seconds.                                  values laid down in Article 4 have not been
                                                                       exceeded.
The relationship between sound exposure level and equi-
valent continuous A-weighted sound pressure level is                   The apparatus used shall be adapted             to  the
found by using the following formula:                                  conditions prevailing at the workplace.
                                                T;                     2. The reference method for the measurement of
                 LEx.i = LAeq,i + 10 logio;T                           noise is described in Annex 1; the technical
                                                   0
                                    N                                  specifications contained therein may be extended
                                           JQ0-1 LEXJ                  and adapted to technical progress in accordance
           LEX,T = 10 log io
                                  i= 1
where:                                                                 with the procedure set out in Article 15. Other
                                                                       methods may be employed, in particular, methods
       l-Aeq,; is the value of L Aeq over the period of                based on the measurement of the noise level at the
               time Tj,                                                workplace provided, however, that they always
        LEX,i is the value of L EX over the period of                  ensure the detection of any failure to comply with
               time Tj,                                                the limit values.
         N
T = 2 Tj is the total exposure time,
       i= 1                                                                                    Article 6
            N is the total number of periods of time,
           T 0 is a reference period equal to 28-8 x 1 0 s              1. The exposure to noise of the workers referred to
               (eight hours).                                          in Article 3 must always be reduced as far as
 ---pagebreak--- 5. 11. 82                         Official Journal of the European Communities                         No C 289/3
reasonably practicable by means of technical or              — periodic audiometric examinations at intervals
organizational measures.                                         of no more than three years.
2. Without prejudice to the provisions of                    3. The reference method for the audiometric
paragraph 1, where application thereof does not              examination is described in Annex 2; the
bring about compliance with the limit values laid            specifications contained therein may be extended
down in Article 4, hearing protectors must be used.          and adapted to technical progress in accordance
                                                             with the procedure set out in Article 15.
3. Where noise at work and/or the implementation             Other methods may be used provided that they
of the provisions of paragraphs 1 and 2 involve a            always comply with the principles set out in
risk of accident, such risk must be reduced as far as        paragraph 1.
reasonably practicable by means of appropriate
measures, without prejudice to the provisions of             4. Each worker shall have access to the results of
Article 4.                                                   the examinations which he has undergone in
                                                             pursuance of this Directive and to the interpretation
                                                             placed upon them.
                        Article 7
Wherever there is the risk of exposure as referred to        5. If the physician responsible for health
in Article 3, the employer must install appropriate          surveillance suspects that there are risks to hearing
signs or take equivalent steps to inform workers, in         at work, he shall inform the employer in accordance
accordance with the relevant provisions.                     with national legislation or practice, and shall assist
                                                             in the establishment of measures to reduce the risk.
                        Article 8                            6. If the physician imposes certain noise exposure
                                                             conditions on a particular worker on account of his
 1. Where hearing protectors are used, they must be          state of health, the employer shall be required to
suited to prevailing working conditions and, in              comply with these restrictions.
particular, attenuate noise sufficiently to comply
with the limit values laid down in Article 4. They           Any worker removed from a job in pursuance of
shall be provided in sufficient numbers by the               these provisions and in accordance with national
employer, who should allow, as fas as possible, the          legislation or practice, shall, where possible, be
workers concerned some choice of model.                      transferred to another job.
2. The wearing of the protectors referred to in              7. The workers concerned and their employer may
paragraph 1 must not involve an increase in the risk         ask for the health assessment referred to in
to the health or safety of the worker concerned.             paragraph 6 to be reviewed by a competent body.
                        Article 9
                                                                                    Article 10
 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      1. In undertakings employing workers as referred
protectors. This surveillance shall include an              to in Article 3, the employer shall keep a record
audiometric examination and shall form part of               containing:
general health surveillance if such exists; it shall be     — information gathered in pursuance of the
based on the principles governing occupational                   provisions of Article 5,
medicine generally, with a view to the early
                                                            — the measures taken to implement the provisions
detection of any damage to hearing from noise and
                                                                 of Article 6,
to the conservation of hearing.
                                                             — the conclusions communicated to him in
                                                                 pursuance of the provisions of Article 9.
2. The audiometric examination shall include:
— an initial audiometry, to be carried out as soon           2. The workers and/or their representatives in the
    as the provisions in paragraph 1 apply, unless           undertakings or establishments, where they exist,
    the worker concerned is at that point already            shall have access to this information.
    subject to audiometric examinations, which shall
    be continued,                                            3. The personal file on each worker as referred to
— a repeat audiometry to be carried out within a             in Article 9 shall also contain the information listed
    period permitting the detection of any particular        in paragraph 1 of this Article concerning the
    sensitivity to noise,                                    aforesaid worker.
 ---pagebreak---  No C 289/4                        Official Journal of the European Communities                              5. 11. 82
                        Article 11                            Member States may grant derogations from the
                                                              provisions of Article 4 (2), but only on condition
The workers referred to in Article 3 must be                  that the weekly average of the daily sound exposure
informed of:                                                  levels complies with the limit value laid down in that
— the potential risks to their health arising from            Article.
     noise exposure,
 — the measures taken in pursuance of the                     2. In addition, Member States may grant
     provisions of Article 6,                                 derogations from Article 4 if the implementation of
 — the importance of complying with technical and             Article 6 (2) leads to an increase in the overall risk
     statutory provisions,                                    (including that not affecting hearing) to the health
                                                              and/or safety of the workers concerned.
 and receive appropriate instruction and training on
 these points.                                                Each of these derogations shall be subject to
                                                              conditions which, in view of the individual
                                                              circumstances, ensure that the overall risk is reduced
                        Article 12                            to a minimum and that, in particular, the health
 1. Where new activities or new workplaces are                surveillance described in Article 9 is reinforced.
being organized, or where existing activities or              Each derogation shall be reviewed periodically, and
workplaces are being reorganized, the employer                revoked as soon as is reasonably feasible.
shall ensure that designers, builders and/or                  Member States shall keep a record of derogations
constructors comply with provisions of Article                granted under the terms of this paragraph; a
6(1).                                                         summary of the information contained therein shall
                                                             be forwarded annually to the Commission.
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,                                        Article 15
manufacturer, importer or supplier of the article
must take the necessary steps to obtain and make              1. The provisions required for the finalization of
available adequate information on the exposure and           the technical aspects referred to in Annexes 1 and 2
on the measures which should be taken to reduce it           and their adaptation to technical progress shall be
to a minimum.                                                adopted by the Committee referred to in Article 9 of
                                                             Directive 80/1107/EEC, in accordance with the
In determining what is proper use within the                 procedure mentioned in Article 10 of that
meaning of this paragraph, no account is to be taken         Directive.
of the use of hearing protectors.
                                                             2. The implementation of paragraph 1 shall not,
                        Article 13                           however, lead to any change in the meaning of the
                                                             limit values.
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                                     Article 16
after consulting the workers and/or their
representatives      in     the    undertakings      or       1. Member States shall bring into force the laws,
establishments where they exist, who can check that          regulations and administrative provisions necessary
such measures are applied or can be involved in              to comply with this Directive by 31 December 1984
their application.                                           and shall forthwith inform the Commission thereof.
Persons given the task of implementing these
measures must have appropriate qualifications and            2. Member States shall communicate to the
workers are required to cooperate with employers in          Commission the texts of the provisions of national
their implementation.                                        law which they adopt in the field covered by this
                                                             Directive.
                       Article 14
                                                                                    Article 17
1. In the case of workplaces where noise exposure
varies markedly from one working day to the next,            This Directive is addressed to the Member States.
 ---pagebreak--- 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.
 ---pagebreak--- 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.