1.4 Risk Assessment (Regulation 5) & L108 Paragraph 34
Primary Legislation
When Required: Where employees are likely to be exposed to noise at or above the lower exposure action value (80 dB(A) or 135 dB(C) peak), the employer must carry out a risk assessment (CNaWR 2005, Regulation 5(1)).
What It Must Include: The assessment must identify measures needed to comply with the regulations and assess noise exposure levels and likely exposure (Regulation 5(1)(a) and (b)).
Review Requirement: The assessment must be reviewed regularly, or when circumstances change, when there is reason to suspect it is no longer valid, or when health surveillance indicates a problem (Regulation 5(3)).
L108 Paragraph 34 Guidance: HSE L108 provides practical examples of what constitutes a suitable risk assessment, including identifying noise sources, who is exposed, duration of exposure, and what controls are in place.
Record Keeping: Where the employer employs five or more employees, the significant findings of the assessment must be recorded (Regulation 5(5)).
Legal Requirement
Regulation 5 of the Control of Noise at Work Regulations 2005 states that where any employees are likely to be exposed to noise at or above a lower exposure action value, the employer shall make a suitable and sufficient assessment of the risk from that noise to the health and safety of those employees.
Purpose of the Assessment
The risk assessment must:
Identify the measures which need to be taken to meet the requirements of the regulations
Assess the levels of noise to which workers are exposed
Assess the levels of noise to which workers are likely to be exposed
L108 Guidance (Page 12, Paragraph 34)
HSE L108 provides practical guidance on conducting noise risk assessments. Paragraph 34 sets out helpful examples of what employers should consider, including:
Identifying all significant noise sources in the workplace
Determining which employees are exposed and for how long
Estimating exposure levels (formal measurements may be needed)
Identifying what control measures are already in place
Determining what additional measures may be required
Review Requirements
The assessment must be reviewed when:
There is reason to suspect it is no longer valid
There has been a significant change in the work to which the assessment relates
The results of health surveillance show it to be necessary
Why It Matters for Fit Testing
A properly conducted risk assessment identifies which workers require hearing protection and at what level of attenuation. Fit testing then verifies that the selected protection actually achieves the required attenuation for each individual worker. Without a valid risk assessment, employers cannot demonstrate due diligence in their hearing protection programme.
Competent Person Requirement
Regulation 5(4) requires that the risk assessment is made by a competent person. This means someone with the knowledge, training, and experience to identify noise hazards and recommend appropriate control measures.