The Control of Noise at Work Regulations 2005

Hearing Protection E+W+S

7.—(1) Without prejudice to the provisions of regulation 6, an employer who carries out work which is likely to expose any employees to noise at or above a lower exposure action value shall make personal hearing protectors available upon request to any employee who is so exposed.

(2) Without prejudice to the provisions of regulation 6, if an employer is unable by other means to reduce the levels of noise to which an employee is likely to be exposed to below an upper exposure action value, he shall provide personal hearing protectors to any employee who is so exposed.

(3) If in any area of the workplace under the control of the employer an employee 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 designated a Hearing Protection Zone;

(b) 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 Part II of Schedule 1 to the Health and Safety (Safety Signs and Signals) Regulations 1996 M1 ; and

(c) access to the area is restricted where this is practicable and the risk from exposure justifies it,

and shall ensure so far as is reasonably practicable that no employee enters that area unless that employee is wearing personal hearing protectors.

(4) Any personal hearing protectors made available or provided under paragraphs (1) or (2) of this regulation shall be selected by the employer—

(a) so as to eliminate the risk to hearing or to reduce the risk to as low a level as is reasonably practicable; and

(b) after consultation with the employees concerned or their representatives

[F1 and shall comply with any [F2 legal requirement] which is applicable to them.]

[F3 (5) In paragraph (4), “legal requirement” means any requirement of the Personal Protective Equipment Regulations 2002 or Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC F4 ....]

Textual Amendments

F1 Words in reg. 7(4) added (6.4.2009) by The Health and Safety (Miscellaneous Amendments and Revocations) Regulations 2009 (S.I. 2009/693), reg. 1, Sch. 1 para. 5

F2 Words in reg. 7(4) substituted (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 5 para. 7(a) (with reg. 2(1)-(3))

F3 Reg. 7(5) inserted (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 5 para. 7(b) (with reg. 2(1)-(3))

F4 Words in reg. 7(5) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 2(7) (as amended by S.I. 2020/676, regs. 1(1), 2, 3); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 1996/341.