New limits for noise exposure at work will apply from February 2006, following the adoption of a new directive on noise at work. The directive, which has taken 10 years to come to fruition, is the 17th individual directive to be adopted under the 1989 health and safety framework directive. It will replace the old 1986 noise at work directive.

EMPLOYERS' DUTIES

The overall duties on employers are broadly the same as at present but the details of some of the requirements are slightly different. Employers will still have to assess and measure the levels of noise to which their workers are exposed but will do so within the framework of their risk assessment procedure. The directive requires that the assessment and measurement be done by competent services at suitable intervals and it lists the elements to which particular attention must be paid. Any risks arising from exposure to noise must be eliminated at source or reduced to a minimum and examples of this are given. Where the risks cannot be prevented by other means, appropriate, properly fitting individual hearing protectors must be made available. These will have to be used by workers in accordance with the directive on the minimum health and safety requirements for use by workers of personal protective equipment at the workplace (89/656/EEC).

Under no circumstances must the exposure of workers exceed the exposure limit values set out in the directive (see below). Where exposures above the limit values are detected, employers must take immediate action to reduce them to below the limit values, identify why the over exposure has occurred and amend the protection and prevention measures in place to avoid any recurrence.

NOISE EXPOSURE VALUES

The directive sets out exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure as follows:

• exposure limit values: LEX,8h = 87 dB(A) and peak = 200 Pa (1) respectively;
• upper exposure action values: LEX,8h = 85 dB(A) and peak = 140 Pa (2) respectively; and
• lower exposure action values: LEX,8h = 80 dB(A) and peak = 112 Pa (3) respectively.

The term "peak sound pressure" is defined as the "maximum value of the 'C' - frequency weighted instantaneous noise pressure". When applying the exposure limit values, the determination of the worker's effective exposure must take account of the attenuation provided by the individual hearing protectors worn by the worker. This does not apply in the case of the exposure action values. In duly justified circumstances, where the daily exposure levels varies from one day to the next member states may use the weekly noise exposure level instead but only under certain conditions. The directive uses the following definitions for these:

• daily noise exposure level (LEX,8h) (dB(A) re. 20 µPa): time-weighted average of the noise exposure levels for a nominal eight-hour working day as defined by international standard ISO 1999: 1990, point 3.6. It covers all noises present at work, including impulsive noise; and
• weekly noise exposure level (LEX,8h): time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999:1990, point 3.6 (note 2).
  

TRAINING AND HEALTH SURVEILLANCE

Where workers are exposed to noise levels at or above the lower noise exposure action values, employers must provide information and training to those workers and/or their representatives. The elements to be covered are laid down in the directive. Where the value is exceeded, they must make hearing protectors available. Where exposure exceeds the upper action value employers must ensure that hearing protectors are used.

Where the results of the exposure assessment indicate a risk to workers' health, those workers must be given appropriate health surveillance. A worker whose exposure exceeds the upper exposure action value will have the right to have his or her hearing checked by a doctor or by another suitably qualified person under the responsibility of a doctor. Preventive audiometric testing must also be available for workers whose exposure exceeds the lower exposure action values, where the exposure assessment indicates a risk to health.

The objectives of these checks are to provide early diagnosis of any loss of hearing due to noise, and to preserve the hearing function.

Where a worker is found to have identifiable hearing damage as a result of exposure to noise at work the employer must review the risk assessment and the measures provided to deal with the risks. They must take into account the advice of the occupational healthcare professional or other suitably qualified person or the competent authority in implementing any measures required to eliminate or reduce risk in accordance with the directive, including the possibility of assigning the worker to alternative work where there is no risk of further exposure. Additionally, they must arrange systematic health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.

DEROGATIONS AND SPECIAL CASES

The directive recognises that in some circumstances the wearing of hearing protectors can cause a greater risk to health and safety than not wearing them. In such cases, member states are allowed to derogate from the directive after consultation with both sides of industry. Derogations, which must be reviewed every four years, must be accompanied by guarantees that the resulting risks are reduced to a minimum and that the workers concerned are subject to increased health surveillance.

The directive also recognises the difficulties that the music and entertainment sectors have in complying with rules on noise at work. To this end it requires member states to draw up, in consultation with the social partners, a code of conduct providing for practical guidelines to help workers and employers in those sectors.

Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise). Visit: http://europa.eu.int/eur-lex/en/dat/2003/l_042/l_04220030215en00380044.pdf

Asylum seekers: minimum reception standards

The establishment of a common European asylum system is one of the long-term objectives of the European Union. Work towards this began at a special European Council meeting at Tampere in Finland in October 1999. One of the meeting's conclusions was that there should be common minimum standards of reception for asylum seekers entering the EU. These standards have now been agreed in the form of a directive.

The directive covers areas such as the information to be given to asylum seekers, their freedom of movement, their families, healthcare provision, the education of their children etc. Among other things, it requires member states to provide what it calls "material reception conditions" for all asylum seekers when they make their applications. These material reception conditions must ensure "a standard of living adequate for the health of applicants and capable of ensuring their subsistence". According to the directive, any housing provided should take the form of one of the following:

• special premises used for that purpose; or
• accommodation centres guaranteeing an adequate standard of living; or
• private houses, flats, hotels or other premises adapted for housing applicants.

Transfers from one housing facility to another must only take place where necessary. However, member states may adopt different material reception conditions in some situations, eg where the conditions specified are not available in a particular geographical area. Where this happens, it must be for as short a period as possible and the alternative conditions must still meet basic needs.

With regards to health care, the directive requires member states to ensure that applicants receive the necessary health care, including, at least, emergency care and essential treatment of illness. Those with special needs must be given necessary medical or other assistance. The medical screening of applicants on public health grounds is permitted. Member states have until 6 February 2005 to implement the directive.

Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers. For more information, visit: http://europa.eu.int/eur-lex/en/dat/2003/l_031/l_03120030206en00180025.pdf