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The Department of Enterprise, Trade and Investment[1], being the Department concerned[2], makes the following Regulations in exercise of the powers conferred by Articles 17(1), (2) and (5) and 55(2) of, and paragraphs 1(1), 7(1), 8, 10, 12(2) and (3), 13, 14(1), 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[3] ("the 1978 Order"). The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)(c) of the 1978 Order[4] after the Executive had carried out consultations in accordance with Article 46(3) of the 1978 Order[5]. Citation and commencement 1. These Regulations may be cited as the Control of Noise at Work Regulations (Northern Ireland) 2006 and shall come into operation on 6th April 2006, except that—
(b) subject to regulation 3(4), regulation 6(4) shall not come into operation in relation to the master and crew of a seagoing ship until 6th April 2011.
Interpretation
(b) Her Majesty's Coastguard;
(b) recorded music is played in a restaurant, bar, public house, discotheque or nightclub, or alongside live music or a live dramatic or dance performance;
(2) In these Regulations, a reference to an employee being exposed to noise is a reference to the exposure of that employee to noise which arises while he is at work, or arises out of or in connection with his work.
(b) under regulation 10 (information, instruction and training) shall not extend to persons who are not his employees, unless those persons are present at the workplace where the work is being carried out.
(3) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee, except that regulation 9 shall not apply to a self-employed person.
(b) a peak sound pressure or 135 dB (C-weighted).
(2) The upper exposure action values are—
(b) a peak sound pressure of 137 dB (C-weighted).
(3) The exposure limit values are—
(b) a peak sound pressure of 140 dB (C-weighted).
(4) Where the exposure of an employee to noise varies markedly from day to day, an employer may use weekly personal noise exposure in place of daily personal noise exposure for the purpose of compliance with these Regulations.
(b) reference to relevant information on the probable levels of noise corresponding to any equipment used in the particular working conditions; and (c) if necessary, measurement of the level of noise to which his employees are likely to be exposed,
and the employer shall assess whether any employees are likely to be exposed to noise at or above a lower exposure action value, an upper exposure action value, or an exposure limit value.
(b) the effects of exposure to noise on employees or groups of employees whose health is at particular risk from such exposure; (c) so far as is practicable, any effects on the health and safety of employees resulting from the interaction between noise and the use of ototoxic substances at work, or between noise and vibration; (d) any indirect effects on the health and safety of employees resulting from the interaction between noise and audible warning signals or other sounds that need to be audible in order to reduce risk at work; (e) any information provided by the manufacturers of work equipment; (f) the availability of alternative equipment designed to reduce the emission of noise; (g) any extension of exposure to noise at the workplace beyond normal working hours, including exposure in rest facilities supervised by the employer; (h) appropriate information obtained following health surveillance, including, where possible, published information; and (i) the availability of personal hearing protectors with adequate attenuation characteristics.
(4) The risk assessment shall be reviewed regularly, and forthwith if—
(b) there has been a significant change in the work to which the assessment relates,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
(b) the measures which he has taken and which he intends to take to meet the requirements of regulations 6, 7 and 10.
Elimination or control of exposure to noise at the workplace
(b) choice of appropriate work equipment emitting the least possible noise, taking account of the work to be done; (c) the design and layout of workplaces, work stations and rest facilities; (d) suitable and sufficient information and training for employees, such that work equipment may be used correctly, in order to minimise their exposure to noise; (e) reduction of noise by technical means; (f) appropriate maintenance programmes for work equipment, the workplace and workplace systems; (g) limitation of the duration and intensity of exposure to noise; and (h) appropriate work schedules with adequate rest periods.
(4) The employer shall—
(b) if an exposure limit value is exceeded forthwith—
(ii) identify the reason for that exposure limit value being exceeded; and (iii) modify the organisational and technical measures taken in accordance with paragraphs (1) and (2) and regulations 7 and 8(1) to prevent it being exceeded again.
(5) Where rest facilities are made available to employees, the employer shall ensure that exposure to noise in these facilities is reduced to a level suitable for their purpose and conditions of use.
(b) the area is demarcated and identified by means of the sign specified for the purpose of indicating that ear protection must be worn in paragraph 3.3 of Part 2 of Schedule 1 to the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996[8]; and (c) access to the area is restricted where this is practicable and the risk from exposure justifies it,
and shall ensure so far as is reasonably practicable that no employee enters that area unless that employee is wearing personal hearing protectors.
(b) after consultation with the employees concerned or their representatives.
Maintenance and use of equipment
(b) ensure that anything provided by him in compliance with his duties under these Regulations is maintained in an efficient state, in efficient working order and in good repair.
(2) Every employee shall—
(b) if he discovers any defect in any personal hearing protectors or other control measures as specified in sub-paragraph (a) report it to his employer as soon as is practicable.
Health surveillance
(b) provide the enforcing authority with copies of such health records as it may require.
(4) Where, as a result of health surveillance, an employee is found to have identifiable hearing damage the employer shall ensure that the employee is examined by a doctor and, if the doctor or any specialist to whom the doctor considers it necessary to refer the employee considers that the damage is likely to be the result of exposure to noise, the employer shall—
(b) review the risk assessment; (c) review any measure taken to comply with regulations 6, 7 and 8, taking into account any advice given by a doctor or occupational health professional, or by the enforcing authority; (d) consider assigning the employee to alternative work where there is no risk from further exposure to noise, taking into account any advice given by a doctor or occupational health professional; and (e) ensure continued health surveillance and provide for a review of the health of any other employee who has been similarly exposed.
(5) An employee to whom this regulation applies shall, when required by his employer and at the cost of his employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1).
(b) the organisational and technical measures taken in order to comply with the requirements of regulation 6; (c) the exposure limit values and upper and lower exposure action values set out in regulation 4; (d) the significant findings of the risk assessment, including any measurements taken, with an explanation of those findings; (e) the availability and provision of personal hearing protectors under regulation 7 and their correct use in accordance with regulation 8(2); (f) why and how to detect and report signs of hearing damage; (g) the entitlement to health surveillance under regulation 9 and its purposes; (h) safe working practices to minimise exposure to noise; and (i) the collective results of any health surveillance undertaken in accordance with regulation 9 in a form calculated to prevent those results from being identified as relating to a particular person.
(3) The information, instruction and training required by paragraph (1) shall be updated to take account of significant changes in the type of work carried out or the working methods used by the employer.
(b) it consults such other persons as it considers appropriate; (c) the resulting risks are reduced to as low a level as is reasonably practicable; and (d) the employees concerned are subject to increased health surveillance.
Exemption certificates for emergency services
(b) regulation 12(5)(c) of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999[10],
for the reference in each case to the Noise at Work Regulations (Northern Ireland) 1990[11] there shall be substituted a reference to these Regulations.
Regulation 2(1) 1. The daily personal noise exposure level LEP,d, which corresponds to LEX,8h defined in international standard ISO 1999: 1990 clause 3.6, is expressed in decibels and is ascertained using the formula:
2.
If the work is such that the daily exposure consists of two or more periods with different sound levels, the daily personal noise exposure level (LEP,d) for the combination of periods is ascertained using the formula:
is equal to Te, the duration of the person's working day, in seconds.
Regulation 2(1) The weekly personal noise exposure, LEP,w, which corresponds to
defined in international standard ISO 1999: 1990 clause 3.6 (note 2) for a nominal week of five working days, is expressed in decibels and is ascertained using the formula:
Peak sound pressure level, LCpeak, is expressed in decibels and is ascertained using the formula:
Interpretation 1. —(1) In this Schedule—
(2) For the purposes of this Schedule, any structures and devices on top of a well shall be treated as forming part of the well.
(b) any activity in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, in or from a vessel or in any other manner, other than—
(ii) any activity in or from a vessel being used as a stand-by vessel;
(c) a diving project involving—
(ii) the survey and restoration of the sea bed consequent on the removal of an offshore installation.
(2) Subject to sub-paragraph (3), in this paragraph, "offshore installation" means a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water—
(b) for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored; (c) for the conveyance of things by means of a pipe; or (d) mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,
together with any supplementary unit which is ordinarily connected to it, and all the connections.
(b) a well; (c) a structure which has ceased to be used for any of the purposes specified in sub-paragraph (2) and has since been used for a purpose not so specified; (d) a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in sub-paragraph (2); and (e) any part of a pipeline.
Wells
(b) an activity which is immediately preparatory to any activity in head (a).
(2) Sub-paragraph (1) includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
(b) any pipeline works; (c) the following activities in connection with pipeline works—
(ii) the loading, unloading, fuelling, repair and maintenance of an aircraft in a vessel,
being in either case a vessel which is engaged in pipeline works.
(2) In this paragraph—
(b) any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system; (c) valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system; (d) apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in heads (a) to (c); (e) apparatus for the transmission of information for the operation of the pipe or system; (f) apparatus for the cathodic protection of the pipe or system; and (g) a structure used or to be used solely for the support of a part of the pipe or system;
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;
(b) inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline; (c) changing the position of or dismantling or removing a pipeline or length of pipeline; (d) opening the bed of the sea for the purposes of the works mentioned in heads (a) to (c), and tunnelling or boring for those purposes; (e) any activities incidental to the activities described in heads (a) to (d); (f) a diving project in connection with any of the works mentioned in heads (a) to (e) or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.
Mines
(b) the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in head (a); (c) the loading, unloading, fuelling or provisioning of a vessel; (d) a diving project; (e) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel; (f) the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph 2(3)(d) applies; (g) the operation of a cable for transmitting electricity from an energy structure to shore; (h) the transfer of people or goods between a vessel or aircraft and a structure mentioned in head (f).
(2) This paragraph shall not apply—
(b) to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.
(This note is not part of the Regulations) 1. These Regulations revoke and replace the Noise at Work Regulations (Northern Ireland) 1990 (S.R. 1990 No. 147), and implement as respects Northern Ireland Directive 2003/10/EC of the European Parliament and of the Council (O.J. No. L42, 15.2.2003, p. 38) 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 Regulations impose duties on employers and on self-employed persons to protect both employees who may be exposed to risk from exposure to noise at work and other persons at work who might be affected by that work. 2. The Regulations make provision for—
(b) risk assessment (regulation 5); (c) elimination or, where elimination is not reasonably practicable, reduction of exposure to noise to as low a level as is reasonably practicable (regulation 6(1)); (d) a programme of measures, excluding the provision of personal hearing protectors, to be taken at the upper exposure action values to reduce exposure to noise to as low a level as is reasonably practicable (regulation 6(2)); (e) actions to be taken at the exposure limit values and prohibition on exceeding the exposure limit values (regulation 6(4)); (f) the provision of personal hearing protectors at the lower exposure action values and compulsorily at the upper exposure action values (regulation 7(1) and (2)); (g) the designation in the workplace of Hearing Protection Zones (regulation 7(3)); (h) employers' and employees' duties concerning the use of equipment, including personal hearing protectors, provided under the Regulations (regulation 8); (i) health surveillance (regulation 9); (j) information, instruction and training (regulation 10); (k) power to the Health and Safety Executive for Northern Ireland to grant exemptions from regulation 6(4) and regulation 7(1) and (2) in specified circumstances (regulation 11); (l) power to the Health and Safety Executive for Northern Ireland to grant exemptions from regulation 6(4) and regulation 7(1) to (3) in respect of the activities of emergency services (regulation 12); (m) power to the Secretary of State for Defence to grant exemptions from regulation 6(4) and regulation 7(1) to (3) in respect of activities carried out in the interests of national security (regulation 13); and (n) consequential revocations and amendments (regulation 15 and Schedule 4).
3.
The Regulations provide for transitional periods for the commencement of their operation as follows—
(b) where, despite regulation 3(4), they apply to the master and crew of a seagoing ship, regulation 6(4) only shall not come into operation until 6th April 2011 (regulation 1(b)).
4.
Copies of International Standard ISO 1999: 1990, referred to in Schedule 1, are available from International Organization for Standardization (ISO), 1 Rue de Varembé, Case Postale 56, CH-1211 Geneva 20, Switzerland, or via Internet at www.iso.org. Notes: [1] Formerly the Department of Economic Development: see S.I. 1982/846 (N.I. 11), Article 3 and S.I. 1999/283 (N.I. 1), Article 3(5)back [2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back [3] S.I. 1978/1039 (N.I. 9); the general purposes of Part II referred to in Article 17(1) were extended by S.I. 1992/1728 (N.I. 17), Article 3(1). Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8 of S.I. 1997/1774 (N.I. 16). Article 55(2) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 2, paragraph 19back [4] Article 13(1) was substituted by S.I. 1998/2795 (N.I. 18), Article 4back [5] Article 46(3) was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18back [6] S.R. 1999 No. 90, as amended by S.R. 2000 No. 375 and S.R. 2003 No. 33back [7] S.R. 2000 No. 388, as amended by S.R. 2001 No. 348 and S.R. 2003 No. 454back [8] S.R. 1996 No. 119, as amended by S.R. 1997 No. 247, S.R. 1999 No. 150 and S.R. 2000 No. 388back [9] S.R. 1993 No. 20, amended by S.R. 1995 No. 51, S.R. 1996 No. 109, S.R. 2000 No. 87, S.R. 2000 No. 375 and S.R. 2003 No. 423back [10] S.R. 1999 No. 305, amended by S.I. 1999/2001, S.R. 2000 No. 87, S.I. 2001/1701, S.R. 2003 No. 423, S.I. 2004/129, S.R. 2005 No. 279 and S.R. 2005 No. 397back [12] 1964 c. 29; section 1 was amended by the Oil and Gas (Enterprise) Act 1982 (1982 c. 23), Schedule 3, paragraph 1back
ISBN 0 337 96309 6
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