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



132. (1) Subject to paragraphs (2) to (4), the Authority, in exceptional situations, by a certificate in writing, may exempt any person or class of persons from Regulations 128 and 129 where because of the nature of the work, the full and proper use of personal hearing protectors would be likely to cause greater risk to safety or health than not using such protectors.

(2) An exemption under paragraph (1) may be granted subject to conditions including a limit of time not exceeding 4 years.

(3) The Authority shall not grant an exemption under this Chapter unless—

(a) the Authority consults—

(i) representatives of employers and employees, and

(ii) any other persons

as the Authority considers appropriate,

(b) the risks resulting from the exemption concerned are reduced, so far as is reasonably practicable, to a minimum, and

(c) appropriate health surveillance is available to the employees concerned.

(4) The Authority, by a certificate in writing, may revoke an exemption under paragraph (1 at any time as soon as the justifying circumstances no longer obtain.