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...
3.1 UK PPE Regulations
What it is: The supply of PPE on the market in Great Britain (GB) is governed by the PPE Regulation (EU) 2016/425, which has been brought into UK law and is known as the UK PPE Regulations. This is en...
3.2 Post-Brexit Regulatory Framework (BSI Whitepaper)
What it is: The BSI (British Standards Institution) whitepaper on PPE provides guidance on the regulatory landscape in the UK following Brexit. It clarifies the roles of UKCA marking, CE marking, and...
3.3 Suitability vs. Adequacy
What it is: These two terms, central to the Control of Noise at Work Regulations and HSE guidance (L108), define the legal requirements for selected hearing protection.
4.1 What is Hearing Protection Fit Testing?
What it is: Fit testing is the process of verifying the amount of noise reduction, or attenuation, an individual worker achieves with a specific hearing protector. It provides a quantitative measure o...
4.2 Personal Attenuation Rating (PAR)
A Personal Attenuation Rating (PAR) is the actual noise reduction a specific individual achieves with their hearing protection, measured in decibels (dB). Unlike manufacturer ratings based on lab averages, PAR shows what protection that person actually gets.
4.3 Types of Fit Testing
The UKHCA guidance outlines several methods for fit testing hearing protection. The main methods used in the UK are F-MIRE and audiometric fit testing, as these provide a quantitative PAR.
4.3.1 F-MIRE (Field Microphone in Real Ear)
What it is: F-MIRE (Field Microphone in Real Ear) is an objective fit testing method. It uses a small probe with dual microphones that is placed in the ear canal alongside the earplug. One microphone...
4.3.2 Audiometric Fit Testing
What it is: Audiometric fit testing uses a modified audiometer to measure the change in a worker's hearing threshold at various frequencies with and without the hearing protector in place. The worker...
4.3.3 Pressure Seal Test
What it is: A pressure seal test checks the integrity of the acoustic seal of a hearing protector by measuring air pressure decay over time. A small probe is used to pressurize the ear canal with the...
4.3.4 App-Based Seal Test
What it is: Some mobile device applications claim to test the seal of a hearing protector using the device's microphone and speaker.
4.3.5 Subjective Web-Based Personal Attenuation Rating
What it is: A subjective fit testing method that does not rely on calibrated audiometric equipment.
4.3.6 Real World Attenuation Variability
What it is: Real world studies, including HSE RR720, show that protection achieved by different workers using the same earplug can vary widely due to fit, anatomy, and technique.
4.3.7 Custom Mould Variability
What it is: The HSE 2009 market surveillance report (RR727) found that a significant number of custom-moulded earplugs failed to provide their claimed level of attenuation.
5.1 Why Audiometry Has Inherent Variation
What it is: Audiometry is the clinical test used to measure a person's hearing threshold. However, the results are subject to variability. This variation can come from the equipment itself (even when...
5.4 HSE Hearing Surveillance Categorisation (Categories 1-4)
The HSE categorisation scheme for audiometry classifies workers into four categories (1-4) based on the sum of their hearing threshold levels at 1, 2, 3, 4, and 6 kHz, compared against age- and sex-standardised data. This scheme dictates required employer actions, from routine monitoring to immediate medical referral.
7.1 Avoiding Overprotection
What it is: Overprotection occurs when a hearing protector provides too much attenuation, reducing noise to a level so low that it isolates the worker. This can be dangerous, as it may prevent them fr...
7.2 PPE Compatibility
What it is: Hearing protection, particularly earmuffs, can interfere with other Personal Protective Equipment (PPE) like safety glasses, hard hats, and respiratory protective equipment (RPE).
7.3 Communication in Noisy Environments
What it is: Standard hearing protection can make communication difficult in noisy environments. This can lead to workers removing their protection to speak or hear, exposing them to noise.
7.6 Documentation Requirements for Defensibility
What it is: In the event of a civil claim for noise-induced hearing loss, the employer will need to provide evidence that they have taken all reasonably practicable steps to protect their workers' hearing.
8.1 Legal Precedent: Hearing Loss Claims & HSE Enforcement
What it is: UK employers face both civil claims from workers who develop noise-induced hearing loss and HSE enforcement action for failure to comply with the Control of Noise at Work Regulations 2005.
9.1 Professional Credentials: HCPC Registration
What it is: The Health and Care Professions Council (HCPC) is the UK statutory regulator for audiologists and hearing aid dispensers. HCPC registration is a legal requirement and demonstrates regulatory-approved competence.
9.2 Professional Credentials: BOHS Membership & Occupational Hygiene
The British Occupational Hygiene Society (BOHS) is the UKs chartered professional body for occupational hygienists. BOHS membership, particularly Chartered status, demonstrates advanced competence in workplace health protection.
9.3 Professional Credentials: UKHCA Membership & Accreditation
What it is: The UK Hearing Conservation Association (UKHCA) is the UKs leading industry body for hearing conservation professionals. UKHCA membership and accreditation demonstrates commitment to best practice.
BS EN 60645-1:2017 – Audiometric Equipment
The standard specifying requirements for pure-tone audiometers, including the equipment used to generate and control test signals.
BS EN ISO 389-8:2004 – Reference Equivalent Threshold Sound Pressure
Defines audiometric zero (RETSPL) for circumaural headphones — the baseline reference for all hearing threshold measurements.
BS EN ISO 8253-1:2010 – Audiometric Test Methods
The international standard defining how pure-tone audiometry tests must be conducted. Software-based hearing tests must be certified to this standard to ensure results are valid and comparable.
