Noise at work and new responsibilities for employers
20th May 2008
From 6th April 2008 licensees have had to comply with The Control of Noise At Work Regulations 2005, which aim to protect workers from the effects of excessive noise. Other industry sectors have had to comply with the Regulations since April 2006, but all workplaces where live or recorded music is played in restaurants, bars, nightclubs etc were granted a two year transitional period; in recognition that the music in these venues is deliberately created for enjoyment and therefore different to other sectors. This "honeymoon period" for the licensed trade, however, is now over.
From April 2008, employers and employees working in pubs and clubs have had new responsibilities to protect the hearing of all employees, including bar staff, performers and crew, including guest performers.
Measures that may need to be taken include noise risk assessments, certain steps to reduce people's exposure to noise; acoustic controls; reducing the time employees spend in noisy areas; pointing the sound to where it is needed (e.g. the dance floor as opposed to the bar); volume control; training; hearing protection and health checks.
The primary responsibility for complying with the Noise Regulations rests with the employer. This does not necessarily mean only the publican or the night club owner - for example, event organisers or concert promoters may also share responsibility on a particular night at the premises. The duties revolve around what are referred to as 'exposure action levels', the lower of which is an average of 80dBA, otherwise described as 'intrusive noise but normal conversation is possible.' So it will not be just rock concerts that will need a risk assessment.
So, all employers in the licensed trade will need to assess the risks to their employees from noise at work; take action to reduce the noise that produces those risks; make sure the legal limits on noise exposure are not exceeded, and where necessary provide hearing protection if the noise cannot be reduced by using other methods.
Author: Simon Robinson, Partner (SimonR@bhplaw.co.uk)
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