exposure to Noise) Regulations, 2004

L.N. 185 of 2004

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

ACT

(CAP. 424)

Work Place (Minimum Health and Safety Requirements for

the Protection of Workers from Risks arising from

exposure to Noise) Regulations, 2004

IN exercise of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Minister for

Education, Youth and Employment, in consultation with the

Occupational Health and Safety Authority, has made the following

regulations>-

(1) The title of these regulations is the Work Place Title, scope and

(Minimum Health and Safety Requirements for the Protection of applicability.

Workers from Risks arising from exposure to Noise) Regulations,

2004. (2) The scope of these regulations is to lay down

minimum requirements for 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. The requirements of these

regulations 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) These regulations shall apply to all workers, including

those exposed to radiation covered by the scope of other applicable

regulations< provided that these regulations, insofar as they affect

workers engaged in sea transport and in air transport shall have effect

as from the 15th February, 2006. For the purpose of these regulations,

the expression ‘workers engaged in sea transport and in air transport’

shall refer to personnel on board.

(4) The provisions of the General Provisions for Health

and Safety at Work Places Regulations, 2003 shall apply fully to the L.N. 36 of 2003.

whole area covered by these regulations, without prejudice to more

stringent and, or specific provisions contained in these regulations.

In these regulations, unless the context otherwise requires> Interpretation.

“the Act” means the Occupational Health and Safety

Authority Act<

“the Authority” means the Occupational Health and Safety

Authority established by article 8 of the Act<

“daily personal noise exposure of a worker” means the daily

personal noise exposure of a worker expressed in the formula

specified in the Second Schedule to these regulations<

“Minister” means the Minister responsible for occupational

health and safety<

“Officer” means an Occupational Health and Safety Officer

appointed under article 15 (1) of the Act<

“weekly average of the daily values” means the weekly

average of daily values expressed in the formula specified in

the second Schedule to these regulations<

“workers representative” means a workers’ health and

safety representative appointed in terms of article 6 (4) of the

Act.

(1) Noise experienced at work shall be assessed and, when

necessary, measured from time to time by an employer in order to

identify the workers and work places referred to in these regulations

and to determine the conditions under which the specific provisions

of these regulations shall apply.

(2) The assessment and measurement mentioned in sub-

regulation (1) shall be competently planned and carried out at suitable

intervals under the responsibility of an employer.

(3) Any sampling must be representative of the daily

personal exposure of a worker to noise.

(4) The methods and apparatus used must be adapted to

the prevailing conditions in the light, particularly, of the

characteristics of the noise to be measured, the length of exposure,

ambient factors and the characteristics of the measuring apparatus.

(5) The methods and the apparatus used for the purpose

of these regulations shall make it possible to determine the parameters

defined in schedule 2 and to decide whether, in a given case, the

values fixed in these regulations have been exceeded.

(6) The recording and preservation of the data obtained

pursuant to these regulations shall be kept for a period of three years

by the employer concerned in the form set out in the First Schedule

to these regulations, and made available to the workers concerned

or their representatives, who shall be given access to the said data at

all reasonable times on a request being made in their behalf to the

employer concerned.

(1) Where the daily personal exposure of a worker to noise Information,

training and

is likely to exceed 85 dB (A) or the maximum value of the unweighted instruction.

instantaneous sound pressure is likely to be greater than 200 Pa, in

an undertaking or establishment, the employer shall take appropriate

measures to ensure that>

(a) workers and, or their representatives in the

undertaking or establishment receive adequate information and,

when relevant, training concerning>

i. potential risks to their hearing arising from noise

exposure,

ii. the measures taken in pursuance of these

regulations,

iii. the obligation to comply with protective and

preventive measures, in accordance with these regulations,

iv. the wearing of personal ear protectors and the

role of checks on hearing in accordance with regulation 7<

(b) workers and, or their representatives in the

undertaking or establishment have access to the results of noise

assessments and measurements made pursuant to regulation 3

and can be given explanations of the significance of those

results.

(2) At workplaces where the daily personal noise

exposure of a worker is likely to exceed 85 dB (A), appropriate

information must be provided by the employer to workers as to where

and when regulation 6 applies.

(3) At workplaces where the daily personal noise

exposure of a worker is likely to exceed 90 dB (A) or where the

maximum value of the unweighted instantaneous sound pressure is

likely to exceed 200 Pa, the employer shall>

(a) where reasonably practicable post signs which are

clearly visible and easily legible stating that -

(i) the noise level at that work place is likely to

exceed 90 dB(A),

(ii)

ear protectors are available from the employer,

and

(iii)

ear protectors shall be worn by workers in that

area.

(b) delimit the areas where noise levels exceed 90dB(A)

and restrict access, where the risk of exposure so justifies such

restrictions and where the said measures are reasonably

practicable.

(1) Every employer shall take measures to reduce the risks

resulting from exposure to noise to the lowest level reasonably

practicable, taking account of technical progress and the availability

of measures to control the noise, in particular at source.

(2) Where the daily personal noise exposure of a worker

exceeds 90 dB (A), or the maximum value of the unweighted

instantaneous sound pressure is greater than 200 Pa, the employer

shall>

(a) identify the reasons for the excess level and draw up

and apply a programme of measures of a technical nature and,

or of organization of work with a view to reducing as far as

reasonably practicable the exposure of workers to noise<

(b) provide workers and their representatives in the

undertaking or establishment with adequate information on the

excess level and on the measures taken pursuant to paragraph

(a) of this sub-regulation.

(1) Without prejudice to regulation 5 of these regulations,

a worker (whose daily personal noise exposure exceeds 90dB(A) or

where the maximum value of the unweighted instantaneous sound

pressure is greater than 200Pa) shall use personal ear protectors.

(2) An employer shall make personal ear protectors

available to workers, where the exposure referred to in sub-regulation

(1) of this regulation is likely to exceed 85dB(A).

(3) An employer shall supply sufficient numbers of

suitable and adequate personal ear protectors to his employees,

following consultation with the workers concerned regarding

suitability and adequacy of the models chosen.

(4) The ear protectors referred to in sub-regulation (3)

of this regulation shall be adapted to the individual worker and to

his working conditions, taking account of his safety and health, and,

for the purposes of these regulations ear protectors are deemed

suitable and adequate if, when properly worn, the risk to hearing

can reasonably be expected to be kept below the risk arising from

the exposure referred to in sub-regulation (1) of this regulation.

(5) Where the application of this regulation involves a

risk of accident, an employer shall reduce such risk as far as is

reasonably practicable by means of appropriate measures.

(1) Where it is not reasonably practicable to reduce the Hearing checks.

daily personal noise exposure of a worker below 85dB(A), the

employer shall make available to the worker -

(a) the services of a medical practitioner who has

adequately reviewed the audiometric requirements referred to

in sub-regulation 3(c) of this regulation to carry out, or to have

carried out on his responsibility, the hearing checks specified

in sub-regulation (3) of this regulation, and

(b) if judged necessary by that medical practitioner, the

referral to a specialist.

(2) Where a worker avails himself of a hearing check in

accordance with sub-regulation (1), a second hearing check shall be

made available to the worker concerned within twelve months of

the first check and thereafter at intervals not exceeding five years.

(3) A medical practitioner carrying out a hearing check

for the purposes of these regulations shall -

(a) take the medical history of the worker (in particular,

the otological history of that worker),

(b) carry out an examination of the external auditory

canal and the tympanic membrane, and

(c) take an audiometric test which includes pure-tone air

conduction threshold audiometry. The audiometric test carried

out shall comply with the specifications of the International

Standards Organisation (ISO) standard 6189, 1983 published

in Geneva, as supplemented, so that the audiometry also covers

the frequency of 8,000 Hertz< so that the ambient sound level

enables a hearing threshold level equal to 0dB in relation to

ISO standard 389-1975 to be measured.

(4) The purpose of the said hearing checks shall be the

diagnosis of any hearing impairment by noise and the preservation

of hearing. On completion of the diagnosis, the medical practitioner

shall prescribe to the worker and to the employer concerned any

individual preventative or protective measures to be taken.

(5) A record, referred to as the hearing check record, shall

be kept by the medical practitioner responsible for performing

hearing checks for a period of fifteen years.

(6) The medical practitioner concerned shall give the

worker access to the information contained in that worker’s hearing

check record upon reasonable notice of such a request by the worker.

(7) In each case where access is given to a worker to the

information in that worker’s hearing check record, the medical

practitioner shall explain the significance of the hearing check record

to the worker.

(8) The medical practitioner responsible for the

performance of hearing checks shall allow access to the worker’s

hearing check record to any Officer of the Authority in order to

present it to a medical officer of the Authority as provided in article

16 of the Act.

(1) The employer is responsible to ensure that the design,

building and, or construction of any new plant (new factories, plant

or machinery, substantial extensions or modifications to existing

factories or plant and replacement of plant or machinery) comply

with regulation 5 (1).

(2) Where a new article (tool, machine, apparatus, etc.)

which is intended for use at work is likely to cause, for a worker

who uses it properly for a conventional eight-hour period, a daily

personal noise exposure equal to or greater than 85 dB (A) or an

unweighted instantaneous sound pressure the maximum value of

which is equal to or greater than 200 Pa, the employer should give

the workers adequate information about the noise produced in

specified conditions of use.

(1) In the case of workplaces where the noise exposure Exemptions.

of a worker varies markedly from one working day to the next, the

Minister may by order in writing for workers performing special

operations, exceptionally grant exemptions from regulation 5 (2),

regulation 6 (1) and regulation 7 (1) of these regulations but only on

condition that the average weekly noise exposure of a worker, as

shown by adequate monitoring, complies with the values laid down

in sub-regulation (2) hereof.

(2) (a) In exceptional situations where it is not

reasonably practicable, by technical measure or organisation of work,

to reduce daily personal noise exposure to below 90dB(A) or to

ensure that the personal ear protectors provided for in regulation 6

of these regulations are suitable and adequate within the meaning of

regulation 6 (4) of these regulations, the Minister may by order in

writing grant exemptions from this provision for limited periods

which said period may be renewed.

(b) Where an exemption is granted under this

regulation, there shall be used by the workers concerned such

personal ear protectors as may afford the highest degree of protection

which is reasonably practical.

(c) The Minister may by order in writing

exceptionally grant exemptions for workers performing special

operations from regulation 6 (1) of these regulations, if its

application would involve an increase in the overall risk to either

the health or safety, or both, of the workers concerned and if it is not

reasonably practicable to reduce this risk by any other means.

(d) The exemptions referred to in regulation 9 (2)

(a) and (c) of these regulations, shall be subject to conditions, which

in view of the individual circumstances, ensure that the risks resulting

from such exemptions are reduced to a minimum and the exemptions

shall be reviewed periodically and be revoked as soon as is reasonably

practicable.

Consultation and participation of workers and, or their Consultation and

participation of

representatives on the matters covered by these regulations and the workers.

schedules hereto, including the assessment and measurement of noise

experienced at work, shall take place in accordance with the General

Provisions for Health and Safety at Work Places Regulations, 2003.

In any proceedings for an offence under these regulations Onus of proof.

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove, as the case may be that it was not

practicable or not reasonably practicable to do more than was in

fact done to satisfy the duty or requirement, or that there was no

better practicable means than was in fact used to satisfy the duty or

requirement.

Any person who knowingly or recklessly interferes with

the process of providing a safe and healthy place of work, shall be

guilty of an offence.

B

B

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press