THOMPSONS SOLICITORS’ RESPONSE - April 2008

About Thompsons

Thompsons is the UK’s most experience personal injury and trade union law firm. It has a network of offices across the UK, including in the separate legal jurisdictions of Scotland and Northern Ireland.

Thompsons only acts for trade union members and the victims of injury and industrial disease, never for employers or insurance companies. At any one time the firm will be running 70,000 claims personal injury claims, including work-related hearing loss claims.

The background

The Control of Noise at Work Regulations 2005 replaced the Noise at Work Regulations 1989 and came into force on 6 April 2006. They cover all places of work.

However, the entertainment industry including pubs and clubs, were given a dispensation allowing them to delay implementing the requirements of the new regulations until 6 April 2008.

Who is covered?

Employees who work in any entertainment venues including, theatres, music halls, orchestras, nightclubs, cinemas, discos, pubs, restaurants, sporting events, fairgrounds, theme parks, and leisure or activity centres where live or recorded music is played will now protected by the regulations.

What do the regulations require employers to do?

The Regulations will reduce the risk of damage to hearing caused to employees by noise levels above 80 decibels. These regulations reduce by 5 decibels the action levels to 80 and 85 decibels when compared with the previous 1989 Noise Regulations.

The main changes are as follows:

  • Carry out risk assessments for employees exposed to noise levels at or above 80 decibels.
  • Introduce control measures for noise reduction where the noise levels are at or above 85 decibels.
  • Provide hearing protection.
  • Provide health surveillance including hearing tests for those workers at risk and monitor and advise them of the results.
  • Provide information, instruction and training relating to the risks of exposure to noise and other facts relating to the new regulations.

For more information about the Control of Noise at Work Regulations 2005 see Thompsons’ Health and Safety News Spring 2008.

The HSE Guidance on Regulations “Controlling Noise at Work “ is at www.hse.gov.uk.