Why Do I Need A Lawyer 

Occupational Deafness From Work Related Noise

Some of the major most risky -- occupational deafness caused by working in Industries such as: military wars, airports, shipbuilding, coal mining, metal manufacturing, engineering factory environments, night club, beer pub, motor racing where noisy machinery is used. Workers in the music and entertainment industry could be affected by loud music and loud speakers also. Cause

As a side note you should understand that Deafness can be caused by many different factors. Besides from industrial causes, the next main reason for deafness could be interruption to part of the hearing system, wax blocks, age related issues, side effect of medication, shooting guns, etc.

Statutory Instrument 2005 -- No. 1643 The Control of Noise at Work Regulations 2005

© Crown Copyright 2005

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STATUTORY INSTRUMENTS

2005 No.1643 HEALTH AND SAFETY

The Control of Noise at Work Regulations 2005

Made 18th June 2005

Laid before Parliament 28th June 2005

Coming into force 6th April 2006

ARRANGEMENT OF REGULATIONS

1. Citation and commencement.

2. Interpretation.

3. Application.

4. Exposure limit values and action values.

5. Assessment of the risk to health and safety created by exposure to noise at the workplace.

6. Elimination or control of exposure to noise at the workplace. 7. Hearing protection.

8. Maintenance and use of equipment.

9. Health surveillance.

10. Information, instruction and training.

11. Exemption certificates from hearing protection.

12. Exemption certificates for emergency services.

13. Exemptions relating to the Ministry of Defence.

14. Extension outside Great Britain.

15. Revocations, amendments and savings.

The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2), and (5), and 82(2) and (3) of, and paragraphs 1(1)(a) and (c), 8(1), 9, 11, 13(2) and (3), 14, 15(1), 16 and 20 of Schedule 3 to the Health and Safety at Work etc. Act 1974[1] ("the 1974 Act") and of all other powers enabling him in that behalf, for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Control of Noise at Work Regulations 2005 and shall come into force on 6th April 2006, except that—

(a) for the music and entertainment sectors only they shall not come into force until 6th April 2008; and

(b) subject to regulation 3(4), regulation 6(4) shall not come into force in relation to the master and crew of a seagoing ship until 6th April 2011.

Interpretation 2. —(1) In these Regulations—

"daily personal noise exposure" means the level of daily personal noise exposure of an employee as ascertained in accordance with Schedule 1 Part 1, taking account of the level of noise and the duration of exposure and covering all noise;

"emergency services" include— (a) police, fire, rescue and ambulance services;

(b) Her Majesty's Coastguard;

"enforcing authority" means the Executive or local authority, determined in accordance with the provisions of the Health and Safety (Enforcing Authority) Regulations 1998[2];

"the Executive" means the Health and Safety Executive;

"exposure limit value" means the level of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which must not be exceeded;

"health surveillance" means assessment of the state of health of an employee, as related to exposure to noise;

"lower exposure action value" means the lower of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;

"the music and entertainment sectors" mean all workplaces where—

(a) live music is played; or

(b) recorded music is played in a restaurant, bar, public house, discotheque or nightclub, or alongside live music or a live dramatic or dance performance;

"noise" means any audible sound;

"peak sound pressure" means the maximum sound pressure to which an employee is exposed, ascertained in accordance with Schedule 2;

"risk assessment" means the assessment of risk required by

regulation 5;

"upper exposure action value" means the higher of the two levels of daily or weekly personal noise exposure or of peak sound pressure set out in regulation 4 which, if reached or exceeded, require specified action to be taken to reduce risk;

"weekly personal noise exposure" means the level of weekly personal noise exposure as ascertained in accordance with Schedule 1 Part 2, taking account of the level of noise and the duration of exposure and covering all noise; and

"working day" means a daily working period, irrespective of the time of day when it begins or ends, and of whether it begins or ends on the same calendar day.

(2) In these Regulations, a reference to an employee being exposed to noise is a reference to the exposure of that employee to noise which arises while he is at work, or arises out of or in connection with his work.

compiled by TM July 2008 by TM for http://yylawyer.com and associates

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