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

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.