H4TLT Knowledge Library
Content
1.1 The Control of Noise at Work Regulations 2005
Legislative Status: Statutory Instrument 2005 No.1643, made 18th June 2005, came into force 6th April 2006. (The Control of Noise at Work Regulations 2005).
1.2 Exposure Limit Values and Action Values (Regulation 4)
The regulations define three critical noise exposure thresholds that trigger specific employer duties (The Control of Noise at Work Regulations 2005, Regulation 4).
1.2.1 Lower Exposure Action Value (LEAV)
The Lower Exposure Action Value is reached at 80 dB(A) daily or weekly exposure or 135 dB(C) peak, triggering duties including risk assessment, information and training, and making hearing protection available on request.
1.2.2 Upper Exposure Action Value (UEAV)
The Upper Exposure Action Value is reached at 85 dB(A) daily or weekly exposure or 137 dB(C) peak, triggering mandatory hearing protection and a programme of noise control measures.
1.2.3 Exposure Limit Value (ELV)
The Exposure Limit Value is the maximum legal exposure of 87 dB(A) daily or weekly or 140 dB(C) peak, after accounting for hearing protection, and must never be exceeded.
1.3 Risk Assessment Requirements (Regulation 5)
What this section covers: The legal requirements for conducting, documenting, and reviewing noise risk assessments (The Control of Noise at Work Regulations 2005, Regulation 5).
1.4 Elimination or Control of Noise (Regulation 6)
What this section covers: The hierarchy of control and employer duties to eliminate or reduce noise exposure (The Control of Noise at Work Regulations 2005, Regulation 6).
1.4 Risk Assessment (Regulation 5) & L108 Paragraph 34
Regulation 5 of the Control of Noise at Work Regulations 2005 requires employers to carry out a suitable and sufficient assessment of the risk to employees from noise exposure. HSE L108 (Page 12, Paragraph 34) provides practical examples of how to conduct and document this assessment. A risk assessment is the foundation of all noise control measures—without it, employers cannot demonstrate they understand the risks their workers face or justify the controls they have implemented.
1.5 Hearing Protection (Regulation 7)
What this section covers: Legal requirements for provision, selection, and use of hearing protection (The Control of Noise at Work Regulations 2005, Regulation 7).
1.5.1 Provision at LEAV (Regulation 7(1))
At or above 80 dB(A) or 135 dB(C) peak, the employer must make personal hearing protectors available upon request to any employee exposed at this level.
1.5.2 Mandatory Provision at UEAV (Regulation 7(2))
If the employer is unable by other means to reduce noise to below the UEAV (85 dB(A) or 137 dB(C) peak), the employer must provide personal hearing protectors to any employee exposed at or above this...
1.5.3 Hearing Protection Zones (Regulation 7(3))
If any area of the workplace is likely to expose employees to noise at or above the UEAV, the employer must:
- Designate the area as a Hearing Protection Zone
- Demarcate and identify it with the mand...
1.5.4 Selection of Hearing Protection (Regulation 7(4))
Any hearing protectors made available or provided under Regulation 7(1) or 7(2) must be selected by the employer:
- (a) So as to eliminate the risk to hearing or to reduce the risk to as low a level a...
1.6 Maintenance and Use of Equipment (Regulation 8)
Employer Duties (Regulation 8(1)):
- Ensure anything provided under the regulations (except hearing protection provided under Regulation 7(1)) is fully and properly used
- Ensure anything provided is...
1.7 Health Surveillance (Regulation 9)
What this section covers: Requirements for hearing health surveillance, including when it is required, what it must include, and record-keeping obligations (The Control of Noise at Work Regulations 20...
1.7.1 Health Records (Regulation 9(2))
Required Contents: The employer must make and maintain a health record for each employee undergoing health surveillance. The record must be kept available in a suitable form.
1.7.2 Action on Identified Hearing Damage (Regulation 9(4))
If health surveillance identifies hearing damage, the employer must ensure the employee is examined by a doctor. If the doctor (or specialist) considers the damage is likely to be the result of noise...
1.7.3 Employee Cooperation (Regulation 9(5))
An employee to whom Regulation 9 applies must, when required by the employer and at the employer's cost, present themselves during working hours for health surveillance procedures.
1.8 Information, Instruction and Training (Regulation 10)
What this section covers: Legal requirements for providing information, instruction, and training to employees exposed to noise (The Control of Noise at Work Regulations 2005, Regulation 10).
2.1 L108 - Controlling Noise at Work (Third Edition, 2021)
Legislative Status: Approved Code of Practice (ACOP). This guidance has a special legal status. While not law itself, if an employer is prosecuted for a breach of health and safety law and it is prove...
2.1.1 L108 Guidance on Real-World Protection & De-Rating (Appendix 1)
What it is: Appendix 1 of L108 provides methods for estimating the noise reduction from hearing protectors. Crucially, it acknowledges the discrepancy between laboratory data and real-world performanc...
2.1.2 L108 Health Surveillance & Audiometry Requirements (Section 8)
What it is: L108 Section 8 sets out comprehensive health surveillance requirements for workers exposed to noise, including mandatory audiometry for those above exposure action values, baseline and periodic hearing tests, and action protocols for threshold shift.
2.2 HSE RR720 - Real World Use and Performance of Hearing Protection (2009)
What it is: This pivotal HSE research report investigates the difference between the laboratory-stated attenuation of hearing protectors and the actual protection achieved by workers in real-world wor...
2.3 HSE RR727 - Market Surveillance of Custom-Moulded Earplugs (2009)
What it is: This report, also known as the 2009 Market Surveillance report, examined the performance of custom-moulded earplugs available on the UK market. It tested a range of products to see if they...