Is a Workplace Noise risk assessment a Legal Requirement?

Yes — if noise is a potential hazard in your workplace, carrying out a noise assessment is a legal requirement under the Control of Noise at Work Regulations 2005. These regulations place a duty on employers to assess the risk to workers from noise exposure, and to take action based on the findings of that assessment.

The regulations establish two key exposure action values and an exposure limit value. The lower exposure action value is a daily or weekly personal noise exposure of 80 dB(A), or a peak sound pressure of 135 dB(C). At this level, employers must provide workers with information, instruction and training about noise risks, and make hearing protection available on request. The upper exposure action value is 85 dB(A), or 137 dB(C) peak. At this level, employers must take active steps to reduce noise exposure through engineering or organisational controls, establish hearing protection zones, and ensure hearing protection is worn. The exposure limit value — which must not be exceeded — is 87 dB(A), or 140 dB(C) peak.
Many workplaces that involve the use of machinery, power tools, noisy processes or high volumes of ambient noise will generate sound levels above the lower exposure action value. If there is any doubt about whether noise levels in your workplace are high enough to be a concern, the only reliable way to find out is to carry out a measurement-based noise survey.
The legal requirement to assess noise does not disappear simply because you provide hearing protection. Hearing protection is the last line of defence under the hierarchy of controls, not the first. The regulations require employers to first seek to reduce noise exposure through engineering and organisational controls before relying on PPE.
Failure to comply with the Noise at Work Regulations can result in HSE enforcement action, including improvement notices and prosecutions. In the event of a noise-induced hearing loss claim from a worker, the absence of a noise survey will significantly weaken your legal position.
