1. 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

2. Antenna for Improvement of the working Environment - - Carcinogens - Biological Agents - Chemical Agents -Physical Agents: - Noise - Vibration - EMF - Optical Radiation - Asbestos Framework Directive 89/391/EEC -Workplaces -Work Equipment, Scaffolding -Personal Protective Equipment -Display Screen Equipment -Safety Signs -Construction Sites -Mineral-extracting Industries -Drilling in Mineral- extracting Industries -Fishing Vessels -Explosive Atmospheres  to encourage improvements in health and safety at work Article 137 of the Treaty

3. Antenna for Improvement of the working Environment 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.

4. Antenna for Improvement of the working Environment 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

5. Antenna for Improvement of the working Environment 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

6. Antenna for Improvement of the working Environment Legal structure Similar legal structure to other EU H&S directives General provisions Obligations of employers Miscellaneous provisions Final provisions Annex

7. Antenna for Improvement of the working Environment 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

8. Antenna for Improvement of the working Environment 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

9. Antenna for Improvement of the working Environment General provisions Directive 2003Directive 1986 Lower exposure action value 80 dB (A) (112 Pa of peak sound pressure) 80 dB (A) (135 Pa of peak sound pressure) Upper exposure action value 85 dB (A) (140 Pa of peak sound pressure) 90 dB (A) (112 Pa of peak sound pressure) Exposure limit value 87 dB (A) (200 Pa of peak sound pressure) Noneexistent

10. Antenna for Improvement of the working Environment 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

11. Antenna for Improvement of the working Environment 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

12. Antenna for Improvement of the working Environment Obligations of employers 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

13. Antenna for Improvement of the working Environment Obligations of employers 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.

14. Antenna for Improvement of the working Environment Obligations of employers 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)

15. Antenna for Improvement of the working Environment Step by step dealing with noise Deal with it by managementRemove or reduce the need to carry out the noisy process Have a "no noise or no noise" purchasing policy so that noise outputs are considered when buying work equipment Deal with it at sourceGo through the work equipment to find the actual source(s) of noise and address these Deal with it collectivelyTake 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!

16. Antenna for Improvement of the working Environment 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

17. Antenna for Improvement of the working Environment Miscellaneous provisions Repeal The Directive 86/188/EEC is repealed with effect from 15 February 2006

18. Antenna for Improvement of the working Environment Main differences between directive 1986 and the new directive ProvisionDirective 1986Directive 2003 Reduce riskTo lowest level reasonably practicable (Art. 5) Eliminated at source or reduced to a minimum (Art. 5) Assessment period8 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

19. Antenna for Improvement of the working Environment Main differences between directive 1986 and the new directive (continuation) ProvisionDirective 1986Directive 2003 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)

20. Antenna for Improvement of the working Environment Main differences between directive 1986 and the new directive (end) ProvisionDirective 1986Directive 2003 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). DerogationsWeekly 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-applicationWorkers in sea and air transport -

21. Antenna for Improvement of the working Environment European Commission – Employment, Social Affairs and Equal Opportunities

22. Antenna for Improvement of the working Environment Noise Directive (2003/10/EC) Thank you for your attention European Commission – Employment, Social Affairs and Equal Opportunities