Noise) Regulations, 2006

L.N. 158 of 2006

OCCUPATIONAL HEALTH AND SAFETY AUTHORITY

ACT

(CAP. 424)

Work Place (Minimum Health and Safety Requirements for the

Protection of Workers from Risks resulting from Exposure to

Noise) Regulations, 2006

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 (Minimum Title, scope and

applicability.

Health and Safety Requirements for the Protection of Workers from

Risks resulting from Exposure to Noise) Regulations, 2006.

(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 all those activities in which workers are, or are likely to

be exposed to risks from noise as a result of their work. These regulations

shall implement Directive 2003#10#EC of the European Parliament and

of the Council.

(3) These regulations shall apply fully to all workers without

prejudice to more stringent and, or more specific provisions contained

in any other law or regulation on the protection of workers from the

risks related to exposure to noise.

(4) These regulations shall come into force on the date of

publication>

Provided that, with regards to members of the crew on board

seagoing vessels, the provisions of regulation 7 shall come into force

on the 5th February, 2011>

Provided further that with regards to workers working in the

music and entertainment sectors, these regulations shall come into force

on the 5th February 2008, on condition that the levels of protection

already achieved are maintained.

In these regulations, unless the context otherwise requires>

“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 noise exposure level (L EX,8h ) (dB(A) re. 20 µPa)” means

the 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 Minister” means the Minister responsible for

occupational health and safety<

“peak sound pressure (P peak )” means the maximum value of

the ‘C’- frequency weighted instantaneous noise pressure<

“weekly noise exposure level (L EX,8h )” means the 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).

(1) The occupational exposure limit values and exposure

action limit values in respect of the daily noise exposure levels and

peak sound pressure shall be as follows>

(a) exposure limit values> L EX,8h = 87 dB(A) and P peak = 200

Pa (1) respectively<

(b) upper exposure action values> L EX,8h = 85 dB(A) and

P peak = 140 Pa (2) respectively<

(c) lower exposure action values> L EX,8h = 80 dB(A) and P peak

= 112 Pa (3) respectively.

(2) When applying the exposure limit values, the

determination 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, the

employer 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.

(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.

(1) The employer shall assess and, if necessary, measure the Determination and

assessment of risks.

levels of noise to which workers are exposed.

(2) The methods and apparatus used shall be adapted to the

prevailing conditions particularly in the light of the characteristics of

the noise to be measured, the length of exposure, ambient factors and

the characteristics of the measuring apparatus. These methods and this

apparatus shall make it possible to determine the parameters defined in

regulation 2 and to decide whether, in a given case, the values fixed in

regulation 3 have been exceeded.

(3) The methods used may include sampling, which shall

be representative of the personal exposure of a worker.

(4) The assessment and measurement referred to in sub-

regulation (1) shall be planned and carried out by competent persons at

suitable intervals. The results 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 regulation, the assessment of the

measurement results shall take into account the measurement

inaccuracies determined in accordance with metrological practice.

(6) The 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 regulation 3 of these regulations<

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

belonging to particularly sensitive risk groups<

(d) as far as technically possible, 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 workersí 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 of work equipment in accordance with the relevant

Community Directives in force<

(g) the existence of alternative work equipment designed

to reduce the noise emission<

(h) the extension of exposure to noise beyond normal

working hours where the worker is under the employer’s

responsibility<

(i) appropriate information obtained following health

surveillance, including published information, as far as possible<

(j) the availability of hearing protectors with adequate

attenuation characteristics.

(7) The employer shall be in possession of an assessment

of the risk in accordance with regulation 10 of the General Provisions

for Health and Safety at Work Places Regulations, 2003, and shall

identify those measures which must be taken in accordance with

regulations 5, 6, 7 and 8 of these regulations. The risk assessment shall

be recorded on a suitable medium. 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.

(1) Every employer shall take measures to eliminate at their Reduction of risks

resulting from

source or minimize the risks arising from exposure to noise, taking exposure to noise.

account of technical progress and of the availability of measures to

control the risk at source. The reduction of such risks shall be based on

the general principles of prevention, taking 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<

(d) adequate information, training and instruction of workers

to use work equipment correctly and safely in order to reduce their

exposure to noise to a minimum<

(e)

noise reduction by technical means>

(i) reducing airborne noise, such as by shields,

enclosures, sound-absorbent coverings<

(ii) reducing structure-borne noise, such as 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<

(ii)

appropriate work schedules with adequate rest

periods<

(2) On the basis of the risk assessment referred to in

regulation 4, if the upper exposure action values are exceeded, the

employer shall establish and implement a programme of technical and#or

organisational measures intended to reduce the exposure to noise, taking

into account in particular the measures referred to in sub-regulation (1).

(3) On the basis of the risk assessment referred to in

regulation 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. The employer shall adapt

the measures referred to in this regulation to the requirements of workers

at particular risk.

(1) If the risks arising from exposure to noise cannot be

prevented by other means, appropriate, adequately-fitting individual

hearing protectors shall be made available to workers and used by them

in accordance with the provisions of the Minimum Requirements for

the Use of Personal Protective Equipment at work Regulations, 2003

and under the conditions set out below>

(a) where noise exposure exceeds the lower exposure action

values, the employer shall make individual hearing protectors

available to workers<

(b) where noise exposure matches or exceeds the upper

exposure action values, individual hearing protectors shall be 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.

(2) The employer shall make every effort to ensure the

wearing of hearing protectors and shall be responsible for checking the

effectiveness of the measures taken in compliance with this regulation.

(1) Under no circumstances shall the exposure of the worker

as determined in accordance with regulation 3(2) exceed the exposure

limit values.

(2) If, despite the measures taken to implement these

regulations, 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

(c) amend the protection and prevention measures in order

to avoid any recurrence.

(1) The employer shall ensure that workers who are exposed Information and

training for workers.

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 these regulations 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 regulation 3 of these regulations<

(d) the results of the assessment and measurement of the

noise carried out in accordance with regulation 4 of these

regulations together with an explanation of their significance and

potential risk<

(e)

the correct use of hearing protectors<

(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 such health surveillance, in

accordance with regulation 10 of these regulations<

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

(1) Consultation and participation of workers and, or their Consultation and

participation of

representatives on the matters covered by these regulations, including workers.

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 particular>

(a) the assessment of risks and identification of measures

to be taken, referred to in regulation 4,

(b) the actions aimed at eliminating or reducing risks arising

from exposure to noise, referred to in regulation 5,

(c) the choice of individual hearing protectors referred to

in paragraph 6(1)(c).

(1) Without prejudice to each workerís right, if the worker

so wishes, to receive health surveillance at regular intervals, an employer

shall make arrangements for carrying out appropriate health surveillance

of workers for whom the results of the assessment referred to in

regulation 4 of these regulations reveal a risk to health, and such health

records shall be made available to the Authority.

(2) A worker whose exposure exceeds the upper exposure

action values shall have the right to have the hearing checked by a doctor

or by another suitably competent person under the responsibility of a

doctor. 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 regulation 4 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.

(3) An employer shall ensure that for each worker who

undergoes health surveillance in accordance with regulation 10 (1),

individual health records are made and kept up-to-date.

(4) (a) Health records shall contain a summary of the

results of the health surveillance carried out, and shall be kept in a

suitable form so as to permit any consultation in a confidential manner

at a later date.

(b) Copies of the appropriate records shall be supplied

to the Authority on request< the individual worker shall, at his request,

have access to the health records relating to him personally.

(5) Where, as a result of surveillance of the hearing function,

a worker is found to have an 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 competent person of the result which relates to him

personally<

(b) the employer shall>

(i) review the risk assessment carried out pursuant to

regulation 4,

(ii) review the measures provided for to eliminate or

reduce risks pursuant to regulations 5 and 6,

(iii) take into account the advice of the competent

person or the Authority in implementing any measures

required to eliminate or reduce risk in accordance with

regulations 5 and 6, including the possibility of assigning the

worker to alternative work where there is no risk of further

exposure, and

(iv) arrange systematic health surveillance and provide

for a review of the health status of any other worker who has

been similarly exposed.

(1) In exceptional situations where, because of the nature Exemptions.

of the work, the full and proper use of individual hearing protectors

would be likely to cause greater risk to health or safety than not using

such protectors, the Minister may by order in writing grant exemptions

from the provisions of regulations 6(1)(a) and (b) and 7.

(2) The exemptions referred to in sub-regulation 11(1), shall

be subject to conditions, which in view of 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.

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

consisting of 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 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 Offences.

process of providing a safe and healthy place of work shall be guilty of

an offence.

Repeals L.N. 185 of

The Work Place (Minimum Health and Safety Requirements

2004. for the Protection of Workers from Risks arising from Exposure to Noise)

Regulations, 2004 are hereby repealed with effect from the date set out

in sub-regulation 1(4).

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