I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 86/188/EEC of 12 May, 1986,⁽¹⁾hereby make the following Regulations:

1 Citation and Commencement

1. (1) These Regulations may be cited as the European Communities (Protection of Workers) (Exposure to Noise) Regulations, 1990.

(2) These Regulations shall come into operation on the 1st day of July, 1990.

2 Interpretation

2. (1) In these Regulations, except where the context otherwise requires—

"the Directive" means Council Directive No. 86/188/EEC of 12 May, 1986⁽¹⁾;

⁽¹⁾O.J. No. L137/2824.5.86.

"the Minister" means the Minister for Labour;

"the Principal Directive" means Council Directive No. 80/1107/EEC of 27 November, 1980⁽²⁾;

⁽²⁾O.J. No. L327/83.12.80.

"registered medical practitioner" means a person whose name is entered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 .

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive.

3 Construction and application

3. (1) The Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), shall be construed and have effect as if these Regulations were an existing enactment within the meaning of "existing enactments" contained in section 2 (1) of that Act and set out in Part II to the Second Schedule of that Act.

(2) These Regulations apply to workers to whom the Directive applies.

4 Assessment

4. (1) Noise experienced at work shall be assessed and, when necessary, measured from time to time by an employer in order to identify the workers and work places referred to in these Regulations and to determine the conditions under which the specific provisions of these Regulations shall apply.

(2) Every employer shall be responsible for the assessment and measurements referred to in paragraph (1) of this Regulation being competently planned and carried out at suitable intervals.

(3) Any sampling shall be representative of the daily personal exposure of a worker to noise.

(4) The methods and apparatus used in the measurement of noise at work 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.

(5) The methods and apparatus used for the purpose of these Regulations shall make it possible to determine the parameters defined in Article 2 of the Directive and to decide whether, in a given case, the values fixed in the Directive have been exceeded.

(6) The recording and preservation of the data obtained pursuant to this Regulation shall be kept for a period of three years by the employer concerned in the form set out in the First Schedule to these Regulations, and an inspector of the National Authority for Occupational Safety and Health and the workers concerned or their representatives shall be given access to the said data at all reasonable times on a request being made in that behalf of the employer concerned.

5 Information, training and instruction

5. (1) Where the daily personal exposure of a worker to noise is likely to exceed 85dB(A) or the maximum value of the unweighted instantaneous sound pressure is likely to be greater than 200Pa, in an undertaking or establishment, the employee concerned shall take appropriate measures to ensure that either the workers or their representatives or both in the said undertaking or establishment receive adequate information and where relevant training concerning:

( a ) potential risks to their hearing arising from noise exposure;

( b ) the measures taken by employers in pursuance of these Regulations and the Directive;

( c ) the obligations to comply with protective and preventive measures in accordance with these Regulations;

( d ) the wearing of personal ear protectors and the role of checks on hearing.

(2) Each employer shall ensure that either the workers or their representatives or both in the undertaking or establishment have access to the results of noise assessments and the measurements made pursuant to Regulation 4 of these Regulations and that explanations of the significance of these results are made available to workers or their representatives.

(3) At workplaces where the daily personal noise exposure of a worker is likely to exceed 85dB(A), the employer shall provide appropriate information to workers as to where and when Regulation 7 (2) of these Regulations applies.

(4) At workplaces where the daily personal noise exposure of a worker is likely to exceed 90dB(A) or where the maximum value of the unweighted instantaneous sound pressure is likely to exceed 200Pa, the employer shall:

( a ) Where reasonably practicable post signs which are clearly visible and easily legible stating that—

(i) the noise level at that work place is likely to exceed 90 dB(A),

(ii) ear protectors are available from the employer, and

(iii) ear protectors shall be worn by workers in that area.

( b ) delimit the areas where noise levels exceed 90dB(A) and restrict access, where the risk of exposure so justifies such restrictions and where the said measures are reasonably practicable.

6 Reduction of risks resulting from exposure to noise

6. (1) Every employer shall reduce the risks resulting from exposure to noise to the lowest level reasonably practicable, taking account of technical progress and the availability of measures to control the noise in particular at source.

(2) Where the daily personal noise exposure of a worker exceeds 90dB(A), or the maximum value of the unweighted instantaneous sound pressure is greater than 200Pa, the employer shall:

( a ) identify the reasons for the excess level and shall draw up and apply a programme of measures of either a technical nature or of organisation of work or both, with a view to reducing, as far as reasonably practicable, the exposure of workers to noise, and

( b ) provide workers and their representatives in the undertaking or establishment with adequate information on the excess level and on the measures taken or to be taken pursuant to subparagraph (a) of this paragraph.

7 Personal ear protectors

7. (1) Without prejudice to Regulation 6 of these Regulations, a worker (whose daily personal noise exposure exceeds 90dB(A) or where the maximum value of the unweighted instantaneous sound pressure is greater than 200 Pa) shall use personal ear protectors.

(2) An employer shall make personal ear protectors available to workers, where the exposure referred to in paragraph (1) of this Regulation is likely to exceed 85dB(A).

(3) An employer shall supply sufficient numbers of suitable and adequate personal ear protectors to his employees, following consultation with the workers concerned regarding suitability and adequacy of the models chosen.

(4) The ear protectors referred to in paragraph (3) of this Regulation shall be adapted to the individual worker and to his working conditions, taking account of his safety and health and for the purposes of these Regulations ear protectors are deemed suitable and adequate if, when properly worn, the risk to hearing can reasonably be expected to be kept below the risk arising from the exposure referred to in paragraph (1) of this Regulation.

(5) Where the application of this Regulation involves a risk of accident an employer shall reduce such risk as far as is reasonably practicable by means of appropriate measures.

8 Hearing Checks

8. (1) Where it is not reasonably practicable to reduce the daily personal noise exposure of a worker below 85dB(A), the employer shall make available to the worker—

( a ) the services of a registered medical practitioner who has appraised himself adequately of the audiometric requirements referred to in Part II of the Second Schedule to these Regulations to carry out, or to have carried out on his responsibility, the hearing checks specified in paragraph (2) of this Regulation with the frequency specified in Part I of the Schedule to these Regulations, and

( b ) if judged necessary by that registered medical practitioner the further services of a specialist to carry out a hearing check.

(2) A hearing check carried out for the purposes of these Regulations shall include—

( a ) the taking of the medical history of the worker (with particular reference to the otological history of that worker),

( b ) an examination of the external auditory canal and the tympanic membrane, and

( c ) an audiometric test which includes pure-tone air conduction threshold audiometry in accordance with Part II of the Second Schedule to these Regulations.

(3) The purpose of the said hearing checks shall be the diagnosis of any hearing impairment by noise and the preservation of hearing and on completion of the diagnosis the registered medical practitioner shall indicate to the worker and to the employer concerned any individual preventative or protective measures to be taken.

(4) A record to be known and in these Regulations referred to as a "hearing check record" shall be kept by the registered medical practitioner responsible for performing hearing checks for a period of fifteen years.

(5) Upon reasonable notice being given by the worker to the registered medical practitioner concerned, access shall be given to the worker to the information contained in that worker's hearing check record.

(6) In each case where access is given to a worker to the information in that worker's hearing check record, it shall be the duty of the registered medical practitioner to explain the significance of the hearing check record to the worker.

(7) The registered medical practitioner responsible for the performance of hearing checks shall allow access to the worker's hearing check record to an inspector who is both an inspector authorised by section 33 of the Safety, Health and Welfare at Work Act, 1989 and a registered medical practitioner.

9 Exemptions

9. (1) In the case of workplaces where the noise exposure of a worker varies markedly from one working day to the next, the Minister may by certificate in writing for workers performing special operations, exceptionally grant exemptions from Regulation 6 (2), Regulation 7 (1) and Regulation 8 (1) of these Regulations but only on condition that the average weekly noise exposure of a worker, as shown by adequate monitoring, complies with the values laid down in paragraph (2) of this Regulation.

(2) ( a ) In exceptional situations where it is not reasonably practicable, by technical measure or organisation of work, to reduce daily personal noise exposure to below 90dB(A) or to ensure that the personal ear protectors provided for in Regulation 7 of these Regulations are suitable and adequate within the meaning of Regulation 7 (4) of these Regulations, the Minister may by certificates in writing grant exemptions from this provision for limited periods which said period may be renewed.

( b ) Where an exemption is granted under this Regulation, personal ear protectors affording the highest degree of protection which is reasonably practical must be used by the workers concerned.

( c ) The Minister may by certificate in writing exceptionally grant exemptions for workers performing special operations, from Regulation 7 (1) of these Regulations, if its application would involve an increase in the overall risk to either the health or safety or both the health and safety of the workers concerned and if it is not reasonably practicable to reduce this risk by any other means.

( d ) The exemptions referred to in Regulation 9 (2) (a) and (c) of these Regulations, shall be subject to conditions, which in view of the 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.

10 Offences

10. (1) Any person who contravenes Regulations 4, 5, 6, 7 and 8(1) under these Regulations shall be guilty of an offence under these Regulations and shall be liable on summary conviction thereof to a fine not exceeding £1,000.

(2) When an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of that body, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3) Where a person is convicted of an offence under these Regulations and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence, and shall be liable on summary conviction to a fine not exceeding £100 for each day on which the contravention is so continued (subject to a maximum of £1,000).

(4) Where a person is convicted of an offence under these Regulations the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and he shall not be liable under these Regulations in respect of the continuation of the contravention during the time so allowed, but if, after the expiration of that time, the order is not complied with, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 for every day on which non-compliance continues, and there has been a contravention of these Regulations, subject to a maximum fine of £1,000.

(5) Any offence under these Regulations may be prosecuted by the National Authority for Occupational Safety and Health.

(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within the period of one year beginning on the day on which the offence was committed.

11 Revocations

11. The Factories (Noise) Regulations, 1975 ( S.I. No. 235 of 1975 ), are hereby revoked.

FIRST SCHEDULE

Regulation 4 (6)

Recording of measurement

Noise at the Workplace

Location

Noise level

dB(A)

^LAeq

(if measured)

Exposure

Duration

No. Exposed

Personal Exposure

Name

Noise level

dB(A)

^LAeq

(if measured)

Exposure Duration

^LEP.d

SECOND SCHEDULE

Regulation 8 (1) (a)

Audiometric Examinations

PART I

Frequency

Where a worker avails of a hearing check in accordance with 8 (1) of these Regulations a second hearing check shall be made available to the worker concerned within twelve months of the first check and thereafter at intervals not exceeding five years.

SECOND SCHEDULE

Regulation 8 (2) (C)

PART II

Audiometry

The Audiometric test carried out for the purposes of these

Regulations shall comply with the specifications of the International Standards Organisation (ISO) standard 6189, 1983 published in Geneva supplemented so that the audiometry also covers the frequency of 8,000 Hertz; so that the ambient sound level enables a hearing threshold level equal to 0dB in relation to ISO standard 389—1975 to be measured.

GIVEN under my Official Seal this 27th day of June, 1990.

BERTIE AHERN, T.D.,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations implement Council Directive No. 86/188/EEC on the protection of workers from the risks related to exposure to noise at work.

The Regulations provide for:—

— assessment and measurement of noise levels at work,

— provision of information training and instruction for workers exposed to noise exceeding specified levels,

— identification of areas where noise exceeds specified levels,

— reduction of risks resulting from exposure to noise,

— provision of personal ear protectors where necessary,

— periodic hearing checks for workers exposed to specified noise levels,

— maintenance of records of noise levels,

— maintenance of records of hearing checks,

— inspection of records by specified persons,

— penalties for breach of the Regulations.

These Regulations replace the Factories (Noise) Regulations, 1975 ( S.I. No. 235 of 1975 ).