Noise at Work

Under the existing health and safety legislation (the Noise at Work Regulations 1989), employers must supply their employees with ear defenders or other protection, if asked, if the ambient noise level reaches or exceeds 85 decibels (dB). At 90 dB, the wearing of such protection is compulsory.

A new EC Directive (2003/10/EC) will reduce these levels by 5dB from February 2006. There is an exception to this deadline for those employed in the music and entertainment business. The new levels will not apply to them until 2008. The change in levels may not seem very much but it is a very significant decrease, representing a decrease in energy levels (the scale is logarithmic, not linear) of over 70 per cent.

Noise-induced hearing loss (NIHL) is untreatable and irreversible. It is particularly damaging to the individual because the area of greatest loss of sensitivity is 'notched' at the same frequency at which many of the consonants are differentiated, so the sufferer may hear, but be unable to understand, speech. The shape of the audiogram for a sufferer of NIHL is quite characteristic, which makes the diagnosis of the cause of the hearing loss straightforward in most cases.

The way the average exposure for health and safety purposes is calculated is complex and is a function of the intensity of the noise, the noise spectrum and the length of time of the exposure. Average daily exposure levels of 85dB will be reached in just a few minutes for an employee exposed to levels of 110dB or more – such as a pneumatic drill operator.

For employers whose employees work in a noisy environment, this is very serious. A recent report, ‘Noise Overload’, from the Trades Union Congress and the Royal National Institute for the Deaf found that the hearing of many of those who work in bars, pubs and clubs is at risk from music played at above legal safe levels. Under the new legislation, not only will many more employees qualify for free hearing tests, but there is also a significant likelihood of increased litigation against employers who do not implement and enforce a robust regime for the protection of the hearing of their workers.