Noise Directive 2003-10-EC

NOISE DIRECTIVE (2003/10/EC)
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)
Official Journal L 42, 15/02/2003 P. 38
Jan JILEK
European Commission (DG EMPL/F4)
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Article 137 of the Treaty – basis of the Commission's intervention
in H&S at work - Workplaces
- Work Equipment, Scaffolding
- Personal Protective Equipment
- Display Screen Equipment
- Carcinogens - Safety Signs
- Biological Agents
- Chemical Agents
- Physical Agents: - Pregnant Women
- Young People
- Noise (2003/10/EC)
- Vibrations (2002/44/EC)
- EMF - Construction Sites
- OPTICAL RADIATION - Mineral-extracting
Industries
- Manual Handling of Loads
- Drilling in Mineral-
extracting Industries
- Asbestos
- Fishing Vessels
Framework Directive - Explosive
89/391/EEC Atmospheres
to encourage improvements in
health and safety at work

Background
¾Draft Proposal adopted by the

Commission on 23 December 1992
[COM(92) 560 final], included 4 physical
agents: Noise, Vibrations, EMF and
Optical radiation
¾Amended proposal after the opinion of

the E.P. on 20 April 1994 was published
on 19 August 1994
Background
¾Discussions started at Council level in

1999 during German Presidency. Initial
proposal was split in four directives.
¾Two first directives “Vibrations” and

“Noise” were adopted by the E.P. and
the Council in 2002 and 2003.

Noise Directive (2003/10/EC)
Legal structure:
Similar legal structure to other EU H&S
directives:
• General provisions
• Obligations of employers
• Miscellaneous provisions
• Final provisions
• (Annex)
(The Framework Directive sets out in addition

worker's obligations)
General provisions:
• Article 1: “Aim and Scope”
This Directive:
¾ 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
¾ applies to activities in which workers are or are likely to be

exposed to risks from noise during their work
¾ Directive 89/391/EEC fully applies
Main changes in relation to the 1986 Noise Directive:

¾ The new Directive applies to all workers including those
engaged in sea transport and in air transport
Back to recitals:
Recitals 7 and 16:
¾ To avoid possible distortions of competition

(recital 7)
¾ Social dimension of the internal market (recital

16)

General provisions:
• Article 2: “Definitions”
¾peak sound pressure (P peak)
¾daily noise exposure level (LEX, 8h)
¾weekly noise exposure level (LEX, 8h)

General provisions:
• Article 3: “Exposure limit values and exposure
action values”
¾ The Directive sets out exposure action values and exposure limit
values in respect of the daily noise exposure levels and peak
sound pressure:
Directive 2003 Directive 1986

Lower exposure 80 dB (A) 85 dB (A)
action value (112 Pa of peak sound (135 Pa of peak sound
pressure) pressure)
Upper exposure action 85 dB (A) 90 dB (A)
value (140 Pa of peak sound (112 Pa of peak sound
pressure) pressure)
Exposure limit value 87 db (A)
(200 Pa of peak sound Nonexistent
pressure)
General provisions:
Main changes in relation to the 1986 Noise Directive:
¾ more stringent action levels
¾ a new "exposure limit value" – must not be

exceeded (article 7) !
¾ The exposure limit values take into account the

attenuation provided by the individual hearing
protectors worn by the worker (not the exposure
action values)
General provisions:
Main changes in relation to the 1986 Noise Directive (continuation):
¾ MS may use - under some conditions - the

weekly noise exposure level in place of the daily
noise exposure level
(for activities where daily noise exposure varies

markedly from one day to the next)
(Under Directive 1986 only as a derogation)

Obligations of employers:
•Article 4: “Determination and assessment
of risks”
The employer must assess

and, if necessary, measure the
levels of noise to which
workers are exposed

¾ When carrying out the risk
assessment, the employer must
give particular attention to:
9 the level, type and duration of exposure
9 the exposure limit values and the exposure
action values
9 workers at particularly sensitive risk
9 alternative work equipment designed to
reduce the noise emission
9 appropriate information from health
surveillance
¾The assessment and measurement must be
done by competent services and recorded
¾The risk assessment must be kept up to

date
¾On the basis of the risk

assessment the employer shall
identify which measures must be
taken
• Article 5: “Provisions aimed at avoiding
or reducing exposure”
¾ Risks arising from exposure to noise

must be eliminated at their source or
reduced to a minimum
Directive 1986: the risks resulting from

exposure to noise must be reduced to the
lowest level reasonably practicable

¾ The reduction of such risks must take into
account in particular:
9 other working methods

9 the choice of appropriate work equipment
9 the design and layout of workplaces and work stations
9 training and information to workers about how to use
work equipment correctly
9 noise reduction by technical means
9 organisation of work
The employer must take account of technical
progress.
¾ If the upper exposure action values

(85 dB (A) and 140 Pa) are exceeded:
Employer:
9 programme of technical and/or
organisational measures to reduce
the exposure to noise
Directive 1986: 90 dB (A) where reasonably practicable
¾ If the upper exposure action values
(85 dB (A) and 140 Pa) are likely to be
exceeded:
The workplaces:
9 marked with signs
9 delimited and
9 access to them restricted
• Article 6: "Personal protection"
(Only) If the risks arising from

exposure to noise cannot be prevented
by other means, individual hearing
protectors must be made available to
workers

9 the employer must make individual hearing
protectors available to workers if the lower
exposure action values (80 dB (A) and 112 Pa) are
exceeded
9 individual hearing protectors must be used where

noise exposure matches or exceeds the upper (85
dB (A) and 140 Pa) exposure action values
¾ The employer must ensure their wearing and is

responsible for checking the effectiveness
Miscellaneous provisions:
• Article 11: "Derogations"
¾ Where the use of individual hearing protectors

would be likely to cause greater risk to health
or safety than not using such protectors
¾ The conditions:
9 exceptional situations
9 risks reduced to a minimum
9 Increased health surveillance
9 derogation reviewed every four years
• Article 7: “Limitation of exposure”
¾ Under no circumstances must the exposure of
workers exceed the exposure limit values!
¾ If it happens, the employer must:
9 take immediate action to reduce the exposure to below

the exposure limit values
9 identify the reasons why overexposure has occurred and

amend the protection and prevention measures in order
to avoid any recurrence
• Article 8: "Worker information and
training“
¾If exposure to noise =/+ the lower

exposure action values (80dB and 112
Pa) – the employer - information and
training relating to risks resulting from
exposure to noise
Directive 1986: 85 dB (A)

• Article 9: "Consultation and participation
of workers“
9the assessment of risks and

identification of measures to be taken
9the actions aimed at eliminating or

reducing risks arising from exposure
9the choice of individual hearing

protectors
Miscellaneous provisions:
• Article 10: "Health surveillance“
Appropriate health surveillance must be provided

to workers where the risk assessment
indicates a risk to their health
Directive 1986: no general provision

¾ If exposure exceeds the upper exposure action values
(85 dB (A)) the workers have the right to have their
hearing checked
¾ If the exposure exceeds the lower exposure action

values (80 dB (A)) the workers have the right to
preventive audiometric testing
¾ Where a worker is found to have an occupational

hearing damage, the employer must take specific
measures

Final provisions:
• Article 16: "Reports"
¾ Every five years Member States must provide a report to the
Commission on the practical implementation of the Directive
• Article 17: "Transposition"
Deadline for
Act Entry into force transposition in Official Journal
the Member States
15.02.2006
For the music and
entertainment
Directive sector: 15.02.2008 OJ L 42 of
15.02.2003
2003/10/EC For personnel on 15.02.2003
board seagoing
vessels:
15.02.2011
OBLIGATIONS OF EMPLOYERS
80 dB (A) 85 dB (A) 87 dB(A) Î
¾ assessment of the risk and, if necessary, measurement of

the levels of noise
¾ elimination of the risks at source or their reduction to a

minimum
¾ availability of hearing protectors
¾ provision of information and training
¾ availability of audiometric testing where

there is risk to health
¾ establishment and implementation
of a programme of technical and/or
obligations of organisational measures intended to
employers - summary reduce exposure to noise
¾ marking, delimiting and restriction

of access to areas
¾ mandatory use of hearing

protectors
¾ a right to hearing checks by a

doctor
¾ Exposure limit
value – must not be
exceeded
¾ if detected,
obligation to:
– take IMMEDIATE
action
– identify the REASON
– amend h&s
MEASURES
Main differences between 1986 Directive
and 2003 Directive
MAIN DIFFERENCES BETWEEN DIRECTIVE 1986 AND THE

NEW DIRECTIVE
Provision Directive 1986 Directive 2003
To lowest level
Eliminated at source or reduced to a
Reduce risk reasonably
minimum (Art. 5)
practicable (Art. 5)
Assessment period 8 hours (Art. 4) 8 hours or one week (Art. 3(3))
Provide
85 dB(A) and 200 Pa
information and 80 dB(A) and 112 Pa (Art. 8)
(Art. 4)
training to workers
and reps
85 dB(A) by or under the
Workers' right to 85 dB(A) by or under responsibility of a doctor (Art. 10 (2))
hearing checks / the responsibility of a (above)/ To be available at 80 dB(A)
audiometric testing doctor (Art. 7) and 112 Pa (Art. 10 (2)) where risk
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and 2003 Directive
MAIN DIFFERENCES BETWEEN DIRECTIVE 1986 AND THE NEW

DIRECTIVE (continuation)
Provision Directive 1986 2003 Directive

Provisions must be adopted to ensure
Health surveillance - appropriate health surveillance where
risk indicated (Art. 6 (1))
85 dB(A) and
Make hearing
200 Pa (Art. 6 80 dB(A) and 112 Pa (Art. 6 (1) (a))
protection
(2))
available
90 dB(A) and
Hearing protection 85 dB(A) and 140 Pa (Art. 6 (1) (b))
200 Pa (Art. 6
to be worn
(2))
Limit on exposure - 87 dB(A) and 200 Pa at the ear (Art. 7)
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and 2003 Directive
MAIN DIFFERENCES BETWEEN DIRECTIVE 1986 AND THE NEW
DIRECTIVE (ending)
Provision Directive 1986 Directive 2003
90 dB(A) and 200 Pa
Programme of
(Art. 5 (2)), where 85 dB(A) and 140 Pa (Art. 5 (2))
control measures
resonably practicable
Delimit areas, put Where reasonably 85 dB(A) and 140 Pa where
up signs and practicable 90 dB(A) and technically feasible and the risk of
control access 200 Pa (Art. 4 (2)) exposure so justifies (Art. 5 (3))
Consultation and In accordance with Directive
participation of - 89/391/EEC on matters covered
workers by Noise Directive (Art. 9)
Weekly exposure
averaging (Art. 9 (1));
From hearing protection where
Derogations From hearing protection
health and safety risk (Art. 11)
where health and safety
risk (9 (2))
5 years from implementation with
Transitional regard to personnel on board
-
periods seagoing vessels; 2 years for
music and entertainment sectors
Workers in sea and air

Non-application -
transport
Thank you
for
your attention

Noise Directive 2003-10-EC

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NOISE DIRECTIVE (2003/10/EC)

Directive 2003/10/EC of the European Parliament

Official Journal L 42, 15/02/2003 P. 38

Copyright TAIEX Ref:IM 22574

¾Draft Proposal adopted by the

¾Amended proposal after the opinion of

¾Discussions started at Council level in

¾Two first directives “Vibrations” and

Copyright TAIEX Ref:IM 22574

(The Framework Directive sets out in addition

¾ applies to activities in which workers are or are likely to be

¾ Directive 89/391/EEC fully applies

Main changes in relation to the 1986 Noise Directive:

¾ To avoid possible distortions of competition

¾ Social dimension of the internal market (recital

Copyright TAIEX Ref:IM 22574

¾peak sound pressure (P peak)

¾daily noise exposure level (LEX, 8h)

¾weekly noise exposure level (LEX, 8h)

Directive 2003 Directive 1986

¾ more stringent action levels

¾ a new "exposure limit value" – must not be

¾ The exposure limit values take into account the

¾ MS may use - under some conditions - the

(for activities where daily noise exposure varies

(Under Directive 1986 only as a derogation)

The employer must assess

Copyright TAIEX Ref:IM 22574

¾The risk assessment must be kept up to

¾On the basis of the risk

¾ Risks arising from exposure to noise

Directive 1986: the risks resulting from

Copyright TAIEX Ref:IM 22574

9 other working methods

¾ If the upper exposure action values

(Only) If the risks arising from

Copyright TAIEX Ref:IM 22574

9 individual hearing protectors must be used where

¾ The employer must ensure their wearing and is

¾ Where the use of individual hearing protectors

¾ If it happens, the employer must:

9 take immediate action to reduce the exposure to below

9 identify the reasons why overexposure has occurred and

¾If exposure to noise =/+ the lower

Directive 1986: 85 dB (A)

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9the assessment of risks and

9the actions aimed at eliminating or

9the choice of individual hearing

Appropriate health surveillance must be provided

Directive 1986: no general provision

Copyright TAIEX Ref:IM 22574

¾ If the exposure exceeds the lower exposure action

¾ Where a worker is found to have an occupational

Copyright TAIEX Ref:IM 22574

• Article 17: "Transposition"

¾ assessment of the risk and, if necessary, measurement of

¾ elimination of the risks at source or their reduction to a

¾ provision of information and training

¾ availability of audiometric testing where

¾ marking, delimiting and restriction

¾ mandatory use of hearing

¾ a right to hearing checks by a

MAIN DIFFERENCES BETWEEN DIRECTIVE 1986 AND THE