HSC considers noise Regulations
The Health and Safety Commission was unable to approve draft Regulations on the control of noise at work at its April meeting but it is hoped that they will be approved at the next Commission meeting without substantive changes.
EU member states have until 15 February 2006 to introduce new noise at work legislation to implement the EU Physical Agents (Noise) Directive. However, in the UK, the HSC says, "if we are to issue all our revised guidance before the Regulations come into force, the Regulations will need to be made and laid before the summer recess". (The Regulations are unlikely to be affected by any change of government.)
The Regulations will replace the Noise at Work Regulations 1989 and introduce stricter exposure action values, and a new Exposure Limit Value, based on evidence on the risks of noise exposure collected since the 1980s. It is estimated that around three-quarters of a million workers in the UK are still exposed above the new Exposure Limit Value.
The HSC expects most sectors to be affected by the Regulations, including agriculture, construction, transport, glass, rubber, printing, metalworking, steel, entertainment and the armed forces. There may be an effect on other non-industrial sectors such as education and services (eg call centres). The Directive and draft Regulations allow for a transitional period of two years for the music and entertainment sector, where noise is not an unwanted by-product and the use of hearing protection could influence artistic integrity.
The HSC believes the risks from noise exposure are well known in the UK. In 1972, the Factory Inspectorate published a Code of Practice and in the early 1990s, noise was included in the national Good Health is Good Business campaign. "Industry can reasonably be said to be aware of the hazard and the need to control it," the HSC says. "We believe the new Regulations will encourage employers to improve the control of this widespread hazard, and equipment suppliers to develop less noisy equipment."
Response to public consultation
Following the public consultation (OHR 112, p.14), the HSC received more than 120 responses to its consultative document (CD) from a wide range of key stakeholder bodies and individuals. The HSC said it has already tackled some of the concerns by amending the draft Regulations (see below). The guidance is currently being amended to take account of relevant and appropriate comments, and a weekly exposure calculator is being developed which will be put on the HSE website alongside the daily exposure calculator that is already available. Following April's meeting, the unsubstantive changes are to be made to the text to make it more accessible.
Concerns expressed relating to the music and entertainment sector mainly concerned practicalities of compliance with the new limit values, the HSC says. These issues are being taken account of by the working group (comprised of external stakeholders and facilitated by the HSE) which is currently drafting practical guidance for this sector.
The Ministry of Defence will be seeking exemptions for military personnel in some cases. Research suggests that even with the use of hearing protection, peak noise exposure from some ordnance cannot be controlled to within the new limits. This is not the MoD's preferred course of action, the HSC notes, and the industry will continue to seek control measures and to review procurement strategy wherever possible.
Revisions following consultation
The main revisions to the draft Regulations will be as follows:
Regulations 6(1), 6(2), 7(3)(c), 11(2)(c). The Directive term "reduced to a minimum" in relation to reducing exposure or risk, has been changed to "as low as reasonably practicable" (ALARP). This has been done on the basis that it has a clearer meaning, is terminology that has been used in other sets of regulations and is well understood by dutyholders and enforcing authorities. The term "to a minimum" necessarily implies that there is a minimum level that is to be defined in practical terms. This minimum level should be consistent with the general duty imposed on employers by the Health and Safety at Work Act 1974. The ALARP test, just as the SFAIRP standard in HSW Act, sets this level in a manner which indicates an achievable standard of risk management to duty holders and offers workers protection to a standard which the HSC considers to be consistent with the requirements of European and UK law. (The same formulation is being used in the forthcoming vibration Regulations.)
Regulation 5(2). This no longer requires measurement at the Upper Exposure Action Values. The Directive requires measurement "if necessary", not at a given exposure. The current wording is considered to reflect the Directive more accurately and addresses allegations of over-implementation by employer organisations such as the Institution of Civil Engineers. It is also in line with the requirements of the 1989 Regulations and the HSC's intention to encourage employers to move on from assessment to action to control risk.
Regulations 5(5), 6(7), 7(3)(c). The TUC expressed concern to the HSC that the Directive does not allow for the consultation and involvement of employees and safety representatives in the draft Regulations. Specific provision for consultation on risk assessment, actions to reduce risk and choice of hearing protection have been added.
Regulation 9(3)(c). Deletion of the requirement, where an employer ceases to trade, to pass health records to the HSE. This is an HSE policy decision which will apply to all regulations but which was made after the CD was published.
Common commencement dates
It is proposed that the draft Regulations would come into force on 15 February 2006, as required by the European Directive. However, it will not be possible to align the coming into force of these Regulations with the Common Commencement Dates that have recently been agreed for domestic legislation - October 2005 would be too early and April 2006 would be too late, HSC says.
