SECTION II

OBLIGATIONS OF EMPLOYERS

Determination and assessment of risks
Article 4
1
In carrying out the obligations laid down in Articles 6(3) and 9(1) of Directive 89/391/EEC, the employer shall assess and, if necessary, measure the levels of noise to which workers are exposed.
2
The methods and apparatus used shall be adapted to the prevailing conditions particularly in the light of the characteristics of the noise to be measured, the length of exposure, ambient factors and the characteristics of the measuring apparatus.
These methods and this apparatus shall make it possible to determine the parameters defined in Article 2 and to decide whether, in a given case, the values fixed in Article 3 have been exceeded.
3
The methods used may include sampling, which shall be representative of the personal exposure of a worker.
4
The assessment and measurement referred to in paragraph 1 shall be planned and carried out by competent services at suitable intervals, taking particular account of the provisions of Article 7 of Directive 89/391/EEC concerning the necessary competent services or persons. The data obtained from the assessment and/or measurement of the level of exposure to noise shall be preserved in a suitable form so as to permit consultation at a later stage.
5
When applying this Article, the assessment of the measurement results shall take into account the measurement inaccuracies determined in accordance with metrological practice.
6
Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:
a
the level, type and duration of exposure, including any exposure to impulsive noise;
b
the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
c
any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;
d
as far as technically achievable, any effects on workers' health and safety resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations;
e
any indirect effects on workers' health and safety resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents;
f
information on noise emission provided by manufacturers of work equipment in accordance with the relevant Community directives;
g
the existence of alternative work equipment designed to reduce the noise emission;
h
the extension of exposure to noise beyond normal working hours under the employer's responsibility;
i
appropriate information obtained following health surveillance, including published information, as far as possible;
j
the availability of hearing protectors with adequate attenuation characteristics.
7
The employer shall be in possession of an assessment of the risk in accordance with Article 9(1)(a) of Directive 89/391/EEC, and shall identify which measures must be taken in accordance with Articles 5, 6, 7 and 8 of this Directive. The risk assessment shall be recorded on a suitable medium, according to national law and practice. The risk assessment shall be kept up to date on a regular basis, particularly if there have been significant changes which could render it out of date, or when the results of health surveillance show it to be necessary.