antenna for improvement of the working environment noise directive (2003/10/ec) eleni dapergola/ dg...

Antenna for Improvement of the working Environment

NOISE DIRECTIVE (2003/10/EC)

Eleni Dapergola/ DG EMPL/D

Bucharest, 20 and 21 October 2005

European Commission – Employment, Social Affairs and Equal Opportunities


- -

- Carcinogens- Biological Agents- Chemical Agents-Physical Agents:

- Noise - Vibration - EMF - Optical Radiation

- Asbestos- Asbestos

Framework Directive89/391/EEC

- Workplaces- Work Equipment, Scaffolding- Personal Protective Equipment- Display Screen Equipment- Safety Signs

-- Construction SitesConstruction Sites

-- Mineral-extracting Mineral-extracting IndustriesIndustries

-- Drilling in Mineral-Drilling in Mineral-extracting Industriesextracting Industries

-- Fishing VesselsFishing Vessels

-- Explosive Explosive AtmospheresAtmospheres

to encourage improvements in health and safety at work

Article 137 of the Treaty


Background

Discussions started at Council level in 1999 during German Presidency. Initial proposal was split in four directives.

Two first directives “Vibrations” and “Noise” were adopted by the E.P. and the Council in 2002 and 2003.


Major work-related health issue

Reduces / eliminates easy communication

Verbal warnings/instructions more difficult to hear

Increases stress levels

Significant risk to construction workers

Usually found where vibration is also an issue


Extreme risk.Vibration sources also often noise sources

Sector: Agriculture Construction Manufacturing Education Textiles Transport Health care

Activity: Pig feeding Scabbling - Road laying Diamond drills and saws Nurseries Sewing shop Trucks Removing a (plaster) cast


Legal structure

Similar legal structure to other EU H&S directives

• General provisions

• Obligations of employers

• Miscellaneous provisions

• Final provisions

• Annex


General provisions

Aim and Scope

lays down minimum requirements for the protection of workers from risks to their health and safety arising or likely to arise from exposure to noise

NOTE: Framework Directive 89/391/EEC fully applies The new Directive applies to all workers including those

engaged in sea transport and in air transport


General provisions

Definitions peak sound pressure: maximum value of instantaneous

noise pressure daily noise exposure level: time-weighted average of the

noise exposure levels for a nominal eight-hour working day

weekly noise exposure level: time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days


General provisions

Directive 2003 Directive 1986

Lower exposure action value

80 dB (A)

(112 Pa of peak sound pressure)

80 dB (A)


Upper exposure action value

85 dB (A)


90 dB (A)


Exposure limit value

87 dB (A)


Noneexistent


General provisions

Main changes in relation to the 1986 Noise Directive:

A new "exposure limit value" – must not be exceeded

The exposure limit values take into account the attenuation provided by the individual hearing protectors worn by the worker; this does not apply in the case of the exposure action values


Obligations of employers

Risk assessment at suitable intervals, including measurements of level of noise by competent services and recorded

On the basis of the risk assessment the employer shall identify which measures must be taken



Risks arising from exposure to noise must be eliminated at their source or reduced to a minimum

The reduction of such risks must be based on the general principles of prevention set out in the Framework Directive

Workplaces where workers are likely to be exposed to noise exceeding the upper exposure action values must be marked with signs; if the upper exposure action values are exceeded, the employer must establish and implement a programme of technical and/or organisational measures intended to reduce the exposure to noise



If the risks arising from exposure to noise cannot be prevented by other means, individual hearing protectors must be made available to workers.

The employer must ensure the wearing of hearing protectors and shall be responsible for checking the effectiveness of these measures.



The employer must ensure that workers who are exposed to noise at or above the lower exposure action values (80 dB (A)) receive information and training relating to risks resulting from exposure to noise

In accordance with Directive 89/391/EEC Consultation and

participation, information and training of workers shall take place as well as health surveillance (early diagnosis of hearing impairment)


Step by step dealing with noise

Deal with it by management Remove or reduce the need to carry out the noisy processHave a "no noise or no noise" purchasing policy so that noise outputs are considered when buying work equipment

Deal with it at source Go through the work equipment to find the actual source(s) of noise and address these

Deal with it collectively Take steps to protect all in the workplace, e.g. by by putting in acoustic insulatio, changing the work organisation

Deal with it at an individual level

Providing personal protective equipment where required (e.g. ear plugs)

Always assess the risks first, and consult with the workers!


Miscellaneous provisions

Derogations

Where the use of individual hearing protectors would be likely to cause greater risk to health or safety than not using such protectors, Member States may, under certain conditions, grant derogations from the directive


Miscellaneous provisions

Repeal

The Directive 86/188/EEC is repealed with effect from 15 February 2006


Main differences between directive 1986 and the new directive

Provision Directive 1986 Directive 2003

Reduce risk To lowest level reasonably practicable (Art. 5)

Eliminated at source or

reduced to a minimum (Art. 5)

Assessment period 8 hours (Art. 4) 8 hours or one week (Art. 3(3)

Provide information and training to workers and reps

85 dB (A) and 200 Pa (Art.4) 80dB (A) and 112 Pa (Art. 8)

Workers right to hearing checks / audiometric testing

85 dB (A) by or under the responsibility of a doctor (Art.7)

85 dB (A) by or under the responsibility of a doctor (Art. 10 (2)) (above) / To be available at 80 dB (A) and 112 Pa (Art.10 (2)) where risk indicated


Main differences between directive 1986 and the new directive (continuation)


Health surveillance -

Provisions must be adopted to ensure appropriate health surveillance where risk indicated (Art.6 (1))

Make hearing protection available

85 dB (A) and 200 Pa (Art. 6 (2))

80dB (A) and 112 Pa (Art.6 (1) (a))

Hearing protection to be worn

90 dB (A) and 200 Pa (Art.6 (2))

85 dB (A) and 140 Pa (Art. 6 (1) (b))

Limit on exposure -

87 dB (A) and 200 Pa at the ear (Art. 7)


Main differences between directive 1986 and the new directive (end)


Programme of control measures

90 dB (A) and 200 Pa (Art. 5 (2)), where reasonable practicable

85 dB (A) and 140 Pa (Art. 5 (2))

Delimit areas, put up signs and control access

where reasonable practicable 90 dB (A) and 200 Pa (Art. 4 (2)),

85 dB (A) and 140 Pa where technically feasible and the risk of exposure so justifies (Art.5 (3))

Consultation and participation of workers -

In accordance with Directive 89/391/EEC on matters covered by Noise Directive (Art. 9).

Derogations Weekly exposure averaging (Art. 9 (1)); from hearing protection where health and safety risk (9 (2))

From hearing protection where health and safety risk (Art. 11)

Transitional period-

5 years from implementation with regard to personnel on board seagoing vessels; 2 years for music and entertainment sectors

Non-application Workers in sea and air transport

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Noise Directive (2003/10/EC)

Thank you

for

your attention


antenna for improvement of the working environment noise directive (2003/10/ec) eleni dapergola/ dg...

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