Safety, Health and Welfare at Work (General Application) Regulations 2007

Determination and assessment of risks above a lower exposure action value.


124. An employer shall—

(a) without prejudice to sections 19 and 20 of the Act, where employees are liable to be exposed to noise at work above a lower exposure action value, in consultation with the employer's employees or their representatives, or both, make a suitable and appropriate assessment of the risk arising from such exposure,

(b) in carrying out the risk assessment referred to in paragraph (a), if necessary measure the levels of noise to which the employer's employees are exposed,

(c) be responsible for the assessment referred to in paragraphs (a) and (b) being planned and carried out competently at suitable intervals and for ensuring that any sampling is representative of the daily personal exposure of an employee to noise,

(d) ensure that the methods and apparatus used in the measurement of noise at work for the purposes of this Chapter are adapted to—

(i) the prevailing conditions, particularly in the light of the characteristics of the noise to be measured,

(ii) the length of exposure, ambient factors, and

(iii) the characteristics of the measuring apparatus, and

that it is possible to—

(I) determine the parameters defined in Regulation 120, and

(II) decide, whether in a given case, the values specified in Regulation 123 have been exceeded,

(e) give particular attention when carrying out a risk assessment under this Regulation to the following—

(i) the level, type and duration of exposure, including any exposure to impulsive noise,

(ii) the exposure limit values and the exposure action values specified in Regulation 123,

(iii) the effects of exposure to noise on employees whose safety or health is at particular risk from such exposure,

(iv) as far as technically possible, any effects on employees' safety and health resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations,

(v) any indirect effects on employees' safety or health resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents,

(vi) any information on noise emission provided by the manufacturers of work equipment in accordance with section 16 of the Act,

(vii) the availability of alternative equipment designed to reduce noise emission,

(viii) the extension of exposure to noise beyond normal working hours under the employer's responsibility,

(ix) appropriate information obtained from health surveillance including, where possible, published information, and

(x) the availability of hearing protectors with adequate attenuation characteristics,

(f) without prejudice to section 19(3) of the Act, review a risk assessment undertaken for the purposes of this Chapter where the results of health surveillance undertaken in accordance with Regulation 131 show it to be necessary,

(g) record in the safety statement drawn up pursuant to section 20 of the Act—

(i) the findings of the risk assessment as soon as it is practicable after it is made and

(ii) the steps which he or she has taken to comply with Regulations 125 to 130 and

(h) review the assessment and, if necessary, the measurement referred to in paragraph (b) at suitable intervals and, in particular, where either of the conditions specified in section 19(3) (a) and (b) of the Act are met.