WORK PLACE (MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE PROTECTION OF WORKERS FROM RISKS RESULTING FROM

SUBSIDIARY LEGISLATION 424.28

WORK PLACE (MINIMUM HEALTH AND SAFETY

REQUIREMENTS FOR THE PROTECTION OF

WORKERS FROM RISKS RESULTING FROM

EXPOSURE TO NOISE) REGULATIONS *

28th July, 2006

LEGAL NOTICE 158 of 2006, as amended by Act XXXIII of 2024.

(1) The title of these regulations is the Work Place

(Minimum Health and Safety Requirements for the Protection of

Workers from Risks resulting from exposure to Noise) Regulations.

(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 Health and Safety at Work Act;

"Authority" means the Occupational Health and Safety Authority

established by article 4 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

*These regulations have been transferred to Cap. 646. Vide S.L. 646.20 and Act

XXXIII of 2024.

FROM RISKS RESULTING FROM EXPOSU RE TO NOISE)

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 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

subregulation (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;

(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 workers’ 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, 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

FROM RISKS RESULTING FROM EXPOSU RE TO NOISE)

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 source or minimize the risks arising from exposure to noise,

taking 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

an d used by them in accordance with the provisions of t he

Mi nimum Req uirements for the Use of Personal Protect ive

Equipment at work Regulations, 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 to noise at work at or above the lower exposure action

values, and, or their representatives, receive information and

t r a i n i n g r e l a t i n g t o r i sk s r e s u l t i n g f r o m e x p o s u r e t o n o i s e

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

FROM RISKS RESULTING FROM EXPOSU RE TO NOISE)

measures apply;

(c) the exposure limit values and the exposure action

values laid down in regulation 3;

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

noise carried out in accordance with regulation 4

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;

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

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

representatives on the matters covered by these regulations,

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, 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 worker’s right, if the worker

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

employer shall make arrangements for carrying out appropriate

he alth surveillance of workers for whom t he results of the

assessment referred to in regulation 4 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 subregulation (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

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 subregulation (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

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.

FROM RISKS RESULTING FROM EXPOSU RE TO NOISE)

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.