NOISE DIRECTIVE (2003/10/EC)

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NOISE DIRECTIVE (2003/10/EC)

• Eleni Dapergola/ DG EMPL/D
• Bucharest, 20 and 21 October 2005

European Commission Employment, Social Affairs
and Equal Opportunities
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Article 137 of the Treaty
- Workplaces - Work Equipment, Scaffolding - Perso
nal Protective Equipment - Display Screen
Equipment - Safety Signs

• - Carcinogens
• - Biological Agents
• - Chemical Agents
• Physical Agents
• - Noise
• - Vibration
• - EMF - Optical Radiation

- Construction Sites - Mineral-extracting
Industries - Drilling in Mineral-extracting
Industries - Fishing Vessels - Explosive
Atmospheres
-
- Asbestos
Framework Directive 89/391/EEC

• to encourage improvements in health and safety
  at work

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Background

• Discussions started at Council level in 1999
  during German Presidency. Initial proposal was
  split in four directives.
• Two first directives Vibrations and Noise
  were adopted by the E.P. and the Council in 2002
  and 2003.

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Major work-related health issue

• Reduces / eliminates easy communication
• Verbal warnings/instructions more difficult to
  hear
• Increases stress levels
• Significant risk to construction workers
• Usually found where vibration is also an issue

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Extreme risk.Vibration sources also often noise
sources

• Sector
• Agriculture
• Construction
• Manufacturing
• Education
• Textiles
• Transport
• Health care

• Activity
• Pig feeding
• Scabbling - Road laying
• Diamond drills and saws
• Nurseries
• Sewing shop
• Trucks
• Removing a (plaster) cast

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Legal structure

• Similar legal structure to other EU HS
  directives
• General provisions
• Obligations of employers
• Miscellaneous provisions
• Final provisions
• Annex

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General provisions

• Aim and Scope
• lays down minimum requirements for the
  protection of workers from risks to their health
  and safety arising or likely to arise from
  exposure to noise
• NOTE
• Framework Directive 89/391/EEC fully applies
• The new Directive applies to all workers
  including those engaged in sea transport and in
  air transport

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General provisions

• Definitions
• peak sound pressure maximum value of
  instantaneous noise pressure
• daily noise exposure level time-weighted average
  of the noise exposure levels for a nominal
  eight-hour working day
• weekly noise exposure level time-weighted
  average of the daily noise exposure levels for a
  nominal week of five eight-hour working days

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General provisions
Directive 2003 Directive 1986
Lower exposure action value 80 dB (A) (112 Pa of peak sound pressure) 80 dB (A) (135 Pa of peak sound pressure)
Upper exposure action value 85 dB (A) (140 Pa of peak sound pressure) 90 dB (A) (112 Pa of peak sound pressure)
Exposure limit value 87 dB (A) (200 Pa of peak sound pressure) Noneexistent
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General provisions

• Main changes in relation to the 1986 Noise
  Directive

• A new "exposure limit value" must not be
  exceeded
• The exposure limit values take into account the
  attenuation provided by the individual hearing
  protectors worn by the worker this does not
  apply in the case of the exposure action values

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Obligations of employers

• Risk assessment at suitable intervals, including
  measurements of level of noise by competent
  services and recorded
• On the basis of the risk assessment the employer
  shall identify which measures must be taken

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Obligations of employers

• Risks arising from exposure to noise must be
  eliminated at their source or reduced to a
  minimum
• The reduction of such risks must be based on the
  general principles of prevention set out in the
  Framework Directive
• Workplaces where workers are likely to be
  exposed to noise exceeding the upper exposure
  action values must be marked with signs if the
  upper exposure action values are exceeded, the
  employer must establish and implement a programme
  of technical and/or organisational measures
  intended to reduce the exposure to noise

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Obligations of employers

• If the risks arising from exposure to noise
  cannot be prevented by other means, individual
  hearing protectors must be made available to
  workers.
• The employer must ensure the wearing of hearing
  protectors and shall be responsible for checking
  the effectiveness of these measures.

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Obligations of employers

• The employer must ensure that workers who are
  exposed to noise at or above the lower exposure
  action values (80 dB (A)) receive information and
  training relating to risks resulting from
  exposure to noise
• In accordance with Directive 89/391/EEC
  Consultation and participation, information and
  training of workers shall take place as well as
  health surveillance (early diagnosis of hearing
  impairment)

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Step by step dealing with noise
Deal with it by management Remove or reduce the need to carry out the noisy process Have a "no noise or no noise" purchasing policy so that noise outputs are considered when buying work equipment
Deal with it at source Go through the work equipment to find the actual source(s) of noise and address these
Deal with it collectively Take steps to protect all in the workplace, e.g. by by putting in acoustic insulatio, changing the work organisation
Deal with it at an individual level Providing personal protective equipment where required (e.g. ear plugs)
Always assess the risks first, and consult with the workers! Always assess the risks first, and consult with the workers!
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Miscellaneous provisions

• Derogations
• Where the use of individual hearing protectors
  would be likely to cause greater risk to health
  or safety than not using such protectors, Member
  States may, under certain conditions, grant
  derogations from the directive

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Miscellaneous provisions

• Repeal
• The Directive 86/188/EEC is repealed with effect
  from 15 February 2006

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Main differences between directive 1986 and the
new directive
Provision Directive 1986 Directive 2003
Reduce risk To lowest level reasonably practicable (Art. 5) Eliminated at source or reduced to a minimum (Art. 5)
Assessment period 8 hours (Art. 4) 8 hours or one week (Art. 3(3)
Provide information and training to workers and reps 85 dB (A) and 200 Pa (Art.4) 80dB (A) and 112 Pa (Art. 8)
Workers right to hearing checks / audiometric testing 85 dB (A) by or under the responsibility of a doctor (Art.7) 85 dB (A) by or under the responsibility of a doctor (Art. 10 (2)) (above) / To be available at 80 dB (A) and 112 Pa (Art.10 (2)) where risk indicated
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Main differences between directive 1986 and the
new directive (continuation)
Provision Directive 1986 Directive 2003
Health surveillance - Provisions must be adopted to ensure appropriate health surveillance where risk indicated (Art.6 (1))
Make hearing protection available 85 dB (A) and 200 Pa (Art. 6 (2)) 80dB (A) and 112 Pa (Art.6 (1) (a))
Hearing protection to be worn 90 dB (A) and 200 Pa (Art.6 (2)) 85 dB (A) and 140 Pa (Art. 6 (1) (b))
Limit on exposure - 87 dB (A) and 200 Pa at the ear (Art. 7)
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Main differences between directive 1986 and the
new directive (end)
Provision Directive 1986 Directive 2003
Programme of control measures 90 dB (A) and 200 Pa (Art. 5 (2)), where reasonable practicable 85 dB (A) and 140 Pa (Art. 5 (2))
Delimit areas, put up signs and control access where reasonable practicable 90 dB (A) and 200 Pa (Art. 4 (2)), 85 dB (A) and 140 Pa where technically feasible and the risk of exposure so justifies (Art.5 (3))
Consultation and participation of workers - In accordance with Directive 89/391/EEC on matters covered by Noise Directive (Art. 9).
Derogations Weekly exposure averaging (Art. 9 (1)) from hearing protection where health and safety risk (9 (2)) From hearing protection where health and safety risk (Art. 11)
Transitional period - 5 years from implementation with regard to personnel on board seagoing vessels 2 years for music and entertainment sectors
Non-application Workers in sea and air transport -
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European Commission Employment, Social Affairs
and Equal Opportunities
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Noise Directive (2003/10/EC)

• Thank you
• for
• your attention

European Commission Employment, Social Affairs
and Equal Opportunities