S.L. 646.20 Art. 4Determination and assessment of risks. S.L. 424.18

(1) The employer shall assess and, if necessary, measure the levels of noise to which workers are exposed.

(2) The methods and apparatus used 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. These methods and this apparatus shall make it possible to determine the parameters defined in regulation 2 and to decide whether, in a given case, the values fixed in regulation 3 have been exceeded.

(3) The methods used may include sampling, which shall be representative of the personal exposure of a worker.

(4) The assessment and measurement referred to in subregulation (1) shall be planned and carried out by competent persons at suitable intervals. The results obtained from the assessment and, or measurement of the level of exposure to noise shall be preserved in a suitable form so as to permit consultation at a later stage.

(5) When applying this regulation, the assessment of the measurement results shall take into account the measurement inaccuracies determined in accordance with metrological practice.

(6) The employer shall give particular attention, when carrying out the risk assessment, to the following:

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

(b) the exposure limit values and the exposure action values laid down in regulation 3;

(c) any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;

(d) as far as technically possible, any effects on workers’ health and safety resulting from interactions between noise and work related ototoxic substances, and between noise and vibrations;

(e) any indirect effects on workers’ health and safety resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents;

(f) information on noise emission provided by manufacturers of work equipment in accordance with the relevant Community Directives in force;

(g) the existence of alternative work equipment designed to reduce the noise emission;

(h) the extension of exposure to noise beyond normal working hours where the worker is under the employer’s responsibility;

(i) appropriate information obtained following health surveillance, including published information, as far as possible;

(j) the availability of hearing protectors with adequate attenuation characteristics.

(7) The employer shall be in possession of an assessment of the risk in accordance with regulation 10 of the General Provisions for Health and Safety at Work Places Regulations, and shall identify those measures which must be taken in accordance with regulations 5, 6, 7 and 8 of these regulations. The risk assessment shall be recorded on a suitable medium. The risk assessment shall be kept up to date on a regular basis, particularly if there have been significant changes which could render it out of date, or when the results of health surveillance show it to be necessary. FROM RISKS RESULTING FROM EXPOSURE TO NOISE)