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Physical Agents (Noise) Directive
The 1993 EC proposal for a Physical Agents Directive sought to establish a new framework for the regulation of physical agents at work applying initially to noise, vibration, optical radiation and non-optical electromagnetic fields.
Background
The Physical Agents (Noise) Directive came into force in February 2003 following publication in the Official Journal of the European Communities. Member States have three years to implement the new legislation, meaning that when implemented into UK law (2006 at the latest), it will repeal the existing 1986 Noise Directive (86/188/EEC), implemented in the UK by the Noise at Work Regulations 1989.
Summary of the requirements
The Directive sets exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure, which are fixed at:
(a) Exposure limit values: LEX,8h = 87 dB(A) and ppeak = 200 Pa respectively;
(b) Upper exposure action values: LEX,8h = 85 dB(A) and ppeak = 200 Pa respectively; and
(c) Lower exposure action values: LEX,8h = 80 dB(A) and ppeak = 112 Pa respectively.
When applying the exposure limit values, assessment of the noise exposure level shall take account of the attenuation provided by the individual hearing protectors worn by the worker. The exposure action values shall not take account of the effect of any such protectors.
Where daily noise exposure varies markedly from one working day to the next, Member States may, for the purposes of applying the exposure limit values and the exposure action values, use the weekly noise exposure level in place of the daily noise exposure level to assess the levels of noise to which workers are exposed, on condition that:
(a) the weekly noise exposure level as shown by adequate monitoring, does not exceed the exposure limit value of 87 dB(A); and
(b) appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.
Assessment of noise levels (Article 4)
Employers will be required to assess and, if necessary, measure the levels of noise to which workers are exposed. Employers will also be required to demonstrate that they have carried out a risk assessment. Where possible employers will be expected to put in place measures to reduce noise to a minimum, e.g. adopting other working practices, utilising new equipment, or putting in place other measures such as shields.
Hearing protection (Article 6)
Article 6 covers personal protection. Therefore, if the risks arising from exposure to noise cannot be prevented by other means, appropriate, properly fitting individual hearing protectors shall be made available to workers and used by them under the conditions set out below:
(a) where noise exposure exceeds the lower exposure action values, the employer shall make individual hearing protectors available to workers; and
(b) where noise exposure exceeds the upper exposure action values, individual hearing protectors shall be used.
Health surveillance (Article 10)
Member States will also be expected to implement provisions to ensure the appropriate health surveillance of workers. Therefore, where the results of the assessment required in Article 4 indicates a worker is exposed to noise levels which exceed the upper exposure action values, the worker shall have the right to have his/her hearing checked by a doctor or by another suitably qualified person. Preventive audiometric testing shall also be available for workers whose exposure exceeds the lower exposure action values.
Next steps
Member States have three years in which to implement the Directive into national law, meaning that these requirements will become law in the UK by February 2006, and will replace the existing 1986 Noise Directive (86/188/EEC), implemented in the UK by the Noise at Work Regulations 1989.
February 2003 
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