The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007

Made: 25th October 2007

Laid before Parliament: 31st October 2007

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships and the health and safety of persons on them :

The Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, sections 85(1), (3), (5), (6) and (7) and 86(1) of the Merchant Shipping Act 1995 , and having consulted the persons referred to in section 86(4) of that Act, makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 and shall come into force on 23rd February 2008, except that—

• (a) in relation to noise arising from the provision of music and entertainment on ships, these Regulations shall come into force on 6th April 2008; and

• (b) in relation to sea-going ships regulation 7(4) and (5) shall come into force on 6th April 2011.

Interpretation

2

• (1) In these Regulations–

• “the Act” means the Merchant Shipping Act 1995;

• “daily noise exposure level” is the time weighted average of the noise exposure levels for a nominal eight hour working day as defined by international standard ISO 1999: 1990, point 3.6 and it covers all noise at work, including impulsive noise;

• “employer” means a person by whom a worker is employed on a ship under a contract of employment;

• “exposure limit value” means the level of daily or weekly exposure for any worker which must not be exceeded, save as set out in regulation 13;

• “General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;

• “Government ship” has the meaning given in section 308(4) of the Act;

• “health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;

• “health surveillance” means assessment of the state of health of a worker so as to provide early diagnosis of any loss of hearing due to noise and to preserve the hearing function;

• “impulsive noise” means a noise event of short duration which occurs as an isolated event or as one of a series of events with a repetition rate of less than 15 per second.

• “MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

• “Merchant Shipping Notice” means a Notice described as such and issued by the MCA;

• “noise” means any audible sound;

• “the Provision and Use of Work Equipment Regulations” means the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 ;

• “peak sound pressure” is the maximum value of the “C” – frequency weighted instantaneous noise pressure;

• “the risk assessment” means, except where the context otherwise requires, a risk assessment carried out in compliance with regulation 6 of these Regulations;

• “ship” includes hovercraft;

• “surveyor of ships” has the meaning given by section 256(9) of the Act;

• “United Kingdom ship” means a ship which—is a United Kingdom ship within the meaning of section 85(2) of the Act; oris a Government ship; oris a hovercraft registered under the Hovercraft Act 1968;

• “United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;

• “weekly noise exposure level” is the time-weighted average of the daily noise exposure levels of a nominal week of five eight hour working days as defined by international standard ISO 1999:1990, point 3.6 (note 2).

• (2) In these Regulations a reference to the provision of music and entertainment on ships is a reference to ships where live or recorded music is played or any other form of entertainment is provided where such music or entertainment is or is likely to expose workers on that ship to noise levels exceeding the lower exposure action values.

• (3) In these Regulations any reference to—

• (a) a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice; and

• (b) an ISO standard includes a reference to any document amending that publication;

which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

• (4) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

Meaning of “worker”

3

• (1) In these Regulations, “worker” means any person employed under a contract of employment, including a trainee or apprentice other than a person who is training in a vessel which is being used—

• (a) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or

• (b) to provide instruction in navigation and seamanship for yachtsmen,

and which is operating under a relevant code.

• (2) In paragraph (1) “relevant code” means—

• (a) the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the MCA;

• (b) the Code of Practice for the Safety of Small Commercial Sailing Vessels ;

• (c) the Code of Practice for the Safety of Small Commercial Motor Vessels ; or

• (d) the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .

• (3) In paragraph (2) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time.

Application

4

• (1) Without prejudice to regulation 5 of the General Duties Regulations and subject to paragraphs (2) to (6), these Regulations apply in relation to United Kingdom ships.

• (2) Where—

• (a) a ship is being used in the course of public service activities or activities for the purpose of civil protection services; and

• (b) characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,

• (3) To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of workers who are or who are likely to be exposed to risks from noise as a result of their work.

• (4) The provisions of the General Duties Regulations and the Provision and Use of Work Equipment Regulations 2006 shall continue to apply to activities to which these Regulations apply; where these Regulations contain more stringent or specific provisions then such provisions shall apply.

• (5) This regulation (other than paragraph (1)) and regulations 18 and 20 apply in relation to ships which are not United Kingdom ships, when they are in United Kingdom waters.

• (6) These regulations shall not apply to activities to which the Control of Noise at Work Regulations 2005 or the Control of Noise at Work (Northern Ireland) Regulations 2006 apply.

• (7) In paragraph (2)—

• “civil protection services” includes the fire and rescue and ambulance services and search and rescue services provided by any other person;

• “public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.

Exposure limit values and exposure action values

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• (1) The lower exposure action values are—

• (a) a daily or weekly personal noise exposure of 80 dB (A-weighted); and

• (b) a peak sound pressure of 135 dB (C-weighted).

• (2) The upper exposure action values are—

• (a) a daily or weekly personal noise exposure of 85 dB (A-weighted); and

• (b) a peak sound pressure of 137 dB (C-weighted).

• (3) The exposure limit values are—

• (a) a daily or weekly personal noise exposure of 87 dB (A weighted); and

• (b) a peak sound pressure of 140 dB (C-weighted).

• (4) Subject to paragraph (5), where, as a result of activities, the exposure of an employee to noise varies markedly from day to day, an employer may use weekly personal noise exposure in place of daily noise exposure for the purpose of compliance with these Regulations.

• (5) Where an employer uses weekly noise exposure levels in accordance with paragraph (4) appropriate measures must be taken in order to reduce the risk associated with the relevant activities to as low as is reasonably practicable.

• (6) In applying the lower and upper exposure action values, no account shall be taken of attenuation provided by individual hearing protectors provided by the employer to be worn by the worker.

• (7) In applying the exposure limit values, account shall be taken of attenuation provided by individual hearing protectors provided by the employer to be worn by the worker.

Assessment of risks

6

• (1) The employer shall assess the level of noise to which workers are exposed as part of the risk assessment required by regulation 7 of the General Duties Regulations.

• (2) The risk assessment—

• (a) shall use methods which are adapted to the prevailing conditions, including—

• (i) the characteristics of the noise to be measured;

• (ii) the length of exposure;

• (iii) ambient factors; and

• (iv) the characteristics of the measuring apparatus, including the accuracy of the measuring equipment determined in accordance with metrological practice;

• (b) shall determine, in accordance with paragraphs (6) and (7) respectively of regulation 5, whether the exposure action values and the exposure limit values are exceeded;

• (c) may use sampling which is representative of the personal exposure of workers as a method of determining risk; and

• (d) if necessary, shall be based on measurement of level of noise to which workers are likely to be exposed.

• (3) Without prejudice to the generality of regulation 7 of the General Duties Regulations, in carrying out the risk assessment the employer shall consider—

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

• (b) the exposure limit values and the exposure action values specified in regulation 5;

• (c) the effects of noise on the health and safety of workers or groups of workers whose health is at particular risk from such exposure;

• (d) so far as practicable, the effects on health and safety of workers resulting from the interaction between noise and the use of ototoxic substances and between noise and vibration;

• (e) any indirect effects on workers' health and safety resulting from interactions between noise and audible warning signals or other sounds that need to be observed in order to reduce risks;

• (f) any information on noise emissions provided by manufacturers of work equipment;

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

• (h) the extension of exposure to noise beyond normal working hours;

• (i) appropriate information obtained following health surveillance, including, where possible, published information; and

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

• (4) The employer shall ensure that the risk assessment—

• (a) is planned and carried out by the persons appointed in accordance with regulation 14 of the General Duties Regulations;

• (b) records—

• (i) the significant findings of the risk assessment as soon as practicable after the risk assessment is made or changed; and

• (ii) the measures the employer has taken or intends to take to comply with regulations 7, 8 and 9 of these Regulations;

so as to permit consultation as required by these Regulations;

• (c) is reviewed—

• (i) at suitable intervals;

• (ii) if there are any significant changes in working condition which affect its validity; or

• (iii) if the results of a health surveillance indicate that a further risk assessment is necessary; and

• (d) is retained by him.

Elimination or control of exposure to noise in the workplace

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• (1) The employer shall ensure that the risks arising from exposure to noise which are identified by the risk assessment are either—

• (a) eliminated at their source; or

• (b) reduced to a level which is as low as is reasonably practicable.

• (2) If the risk assessment shows that the upper exposure action values are exceeded, the employer shall establish and implement a programme of technical or organisational measures (or both) which is appropriate to that activity to reduce the exposure of workers to noise..

• (3) Actions taken by an employer to comply with paragraphs (1) and (2) shall be based on the principles in regulation 5 of the General Duties Regulations; such actions shall take into consideration—

• (a) other working methods that reduce exposure to noise;

• (b) choice of appropriate work equipment emitting the least possible noise, taking account of the work to be done;

• (c) the design and layout of workplaces and workstations;

• (d) suitable and sufficient information and training for workers, such that work equipment may be used correctly, in order to reduce their exposure to noise to as low as is reasonably practicable;

• (e) reduction of noise by technical means such as;

• (i) reducing airborne noise by use of methods such as shields, enclosures or sound-absorbent coverings; and

• (ii) reducing structure-borne noise by damping or isolation;

• (f) appropriate maintenance programmes for work equipment, the workplace and workplace systems; and

• (g) organisation of work schedules so as to limit the duration and intensity of exposure to noise and provide adequate rest periods.

• (4) The employer shall ensure that workers are not exposed to noise exceeding the exposure limit values specified in regulation 5(3).

• (5) Following implementation of the organisational and technical measures taken in accordance with paragraph (2) if exposures above the exposure limit value are detected, the employer shall—

• (a) take such action as is necessary to reduce exposure to noise below the exposure limit value;

• (b) identify the reasons why the limit has been exceeded; and

• (c) amend the measures taken in accordance with paragraph (2) to ensure that the limit is not exceeded again.

• (6) Noise in accommodation and rest spaces shall be reduced to a level compatible with their purpose and use.

• (7) The employer shall adapt measures which are taken in accordance with this regulation to workers who are particularly sensitive to noise.

• (8) The employers shall consult the workers concerned or their representatives on the measures to be taken to comply with this regulation.

Hearing protection

8

• (1) Without prejudice to the provisions in regulation 7, an employer shall make personal hearing protectors available to any worker who is or is likely to be exposed to noise above a lower exposure action value.

• (2) Without prejudice to the provisions in regulation 7, an employer shall ensure, so far as is reasonably practicable, that all workers who are exposed to noise which is at or above an upper exposure action value shall use personal hearing protectors.

• (3) If in any area of the ship under the control of the employer a worker is likely to be exposed to noise at or above an upper exposure action value for any reason, the employer shall ensure that—

• (a) the area is demarcated and identified by means of the sign specified for the purpose of indicating that ear protection must be worn in paragraph 3.3 of Annex II to Merchant Shipping Notice 1763; and

• (b) access to the area is restricted where this is practicable and the risk from exposure justifies it.

• (4) Any personal hearing protectors provided in accordance with this regulation shall be selected by the employer so as to eliminate the risk to hearing or to reduce the risk to as low a level as is reasonably practicable; such personal hearing protectors shall comply with the requirements of the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 .

Worker information and training

9

• (1) If the risk assessment indicates that workers are exposed to noise at or above the lower exposure action value the employer shall provide those workers and their representatives with suitable and sufficient information, instruction and training.

• (2) Information, instruction and training provided in accordance with paragraph (1) shall include—

• (a) the nature of such risks;

• (b) the measures taken to implement these Regulations in order to eliminate or reduce to as low as is reasonably practicable the risks from noise, including the circumstances in which such measures apply;

• (c) the exposure limit values and the exposure action values;

• (d) the results of the risk assessment carried out in accordance with regulation 6 together with an explanation of the significance and potential of such risks;

• (e) the correct use of hearing protectors;

• (f) the circumstances in which workers are entitled to health surveillance under these Regulations;

• (g) safe working practices to minimise exposure to noise;

• (h) how to detect and report signs of hearing damage; and

• (i) the importance of detecting and reporting signs of hearing damage.