129. (1) An employer shall—

(a) in accordance with sections 8, 9, 10, 13 and 14 of the Act, and where the risks arising from exposure to noise cannot be prevented by other means, make available appropriate, properly fitting, individual hearing protectors which comply with the relevant statutory provisions,

(b) where noise exposure exceeds the lower exposure action values, make individual hearing protectors available,

(c) ensure that individual hearing protectors referred to in subparagraph (a) are selected following consultation with the employees concerned or their representatives, or both, so as to eliminate the risk to hearing or reduce the risk to a minimum, and

(d) ensure, so far as is reasonably practicable, that—

(i) hearing protectors are used in accordance with paragraph (2), and

(ii) the measures taken under this Regulation are effective.

(2) An employee whose exposure to noise equals or exceeds the upper exposure action values shall use individual hearing protectors.