S.I. No. 235/1975 - Factories (Noise) Regulations, 1975.

S.I. No. 235 of 1975.

FACTORIES (NOISE) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 71 , 83 , 84 , 85 , 86 , 87 , 88 and 89 of the Factories Act, 1955 (No. 10 of 1955), and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1966 ( S.I. No. 164 of 1966 ), after consultation with the Minister for Health and after due compliance with the provisions of the Third Schedule to that Act, hereby make the following special regulations:

1. (1) These Regulations may be cited as the Factories (Noise) Regulations, 1975.

(2) These Regulations shall come into operation on the 1st day of December, 1975.

2. In these Regulations—

"the Act" means the Factories Act, 1955 (No. 10 of 1955);

"employed" means employed in a factory, dock, wharf or quay, or in a warehouse, harbour, wet dock, ship, premises or place to which these Regulations apply;

"harm" means impairment of the human ear mechanism by exposure to noise;

"the Minister" means the Minister for Labour;

"noise" means noise caused by any manufacture, machinery, plant, equipment, appliance or process;

"sound pressure level" means a sound pressure level resulting wholly or partly from noise.

3. These Regulations apply to the following, namely, every factory, every premises which is a premises mentioned in section 83, 84 or 85 of the Act, every dock, wharf or quay and every warehouse mentioned in section 86 of the Act, every harbour, wet dock or ship in relation to which the provisions of section 87 of the Act apply, and every place at which building operations or works of engineering construction are carried on.

4. (1) A person shall not be exposed to a sound pressure level of such intensity and duration as is likely to cause him harm.

(2) Subject to paragraph (1) of this regulation, it shall be the duty of the occupier to see that adequate steps are taken to ensure that sound pressure levels which are likely to cause harm to persons employed are kept at the lowest practicable level.

5. (1) At any time the Minister may require to be made a survey of the sound pressure levels in, or in any part of, a factory, dock, wharf or quay or any warehouse, harbour, wet dock, ship, premises or place to which these Regulations apply.

(2) A survey required by the Minister to be made pursuant to this regulation may be carried out by an inspector or by some other person nominated by the Minister.

6. Every work place where persons are employed and in which the sound pressure level exceeds 90 dBA shall be provided with a barrier or barriers marking the boundaries of the area within which the said level exceeds 90 dBA or where this is not reasonably practicable the boundaries referred to shall be marked by warning notices or by some other suitable means.

7. (1) Subject to Regulation 4 (1) of these Regulations, a person employed shall not be exposed to sound pressure levels in excess of 90 dBA unless either—

( a ) the duration and level of exposure is controlled so that its cumulative effect is unlikely to cause harm, or

( b ) ear protection is provided which effectively reduces to a level which is unlikely to cause harm the sound pressure level at each ear of the person.

(2) It shall be the duty of every person employed to take care of any apparatus or other thing for ear protection provided pursuant to this regulation and to wear it while employed at any time when the sound pressure level at either or both of his ears would, if the apparatus or other thing so provided were not worn by him, exceed 90 dBA.

8. The occupier shall do all that is reasonably practicable to restrict as far as possible the extent to which persons employed are exposed to sound pressure levels likely to cause harm and no person employed shall expose himself to such sound pressure levels to a greater extent than is reasonably necessary for the purposes of his work.

GIVEN under my Official Seal, this 1st day of October, 1975.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations require that persons shall not be exposed to sound pressure levels which may damage their hearing. Areas of a workplace where the sound pressure level exceeds 90 dBA should be clearly marked. Persons employed in those areas should be provided with ear protection and the duration and level of exposure should be controlled so as to reduce the possibility of impairment of hearing.