Control of Noise at Work Regulations 2005: Exposure Limits, Monitoring and Employer Duties

Quick Answer: Employers and self-employed tradespeople must comply with the Control of Noise at Work Regulations 2005 (SI 2005/1643) — the key duties are to assess noise exposure (where the lower exposure action value of 80 dB(A) may be exceeded), reduce exposure by engineering controls before relying on hearing protection, provide health surveillance for workers regularly exposed above 85 dB(A), and keep records for 40 years from the last entry. The exposure limit value of 87 dB(A) at the ear must never be exceeded, even with hearing protection accounted for.

Summary

The legal framework around occupational noise is intentionally hierarchical. The first duty is to reduce noise at source; the second is to reduce exposure through working practices; the third is to provide hearing protection. This sequence reflects a long-standing recognition that hearing protection alone is unreliable in real-world use — fit varies, removal is common, conversation requires periodic earmuff lifting, and protection rated to laboratory standards rarely delivers the same attenuation in practice. Engineering controls (quieter tools, isolation, duration management) are the durable defence; PPE is the backstop.

For employers and the self-employed, the practical compliance burden has three pillars: noise risk assessment, controlled-area designation (mandatory hearing protection zones), and health surveillance. Each has documentary requirements, time-keeping requirements, and competence requirements. Most micro-business and sole-trader operations under-comply purely because the documentation burden is felt to be disproportionate to the perceived risk. HSE inspection and enforcement target this gap; prosecutions for noise-related failures (typically following NIHL claims) are not uncommon.

This article focuses on the employer-duty perspective and the operational compliance regime — for the practical "how loud is my angle grinder" angle, see the companion article on noise at work practices.

Key Facts

• Statutory instrument — The Control of Noise at Work Regulations 2005 (SI 2005/1643); in force 6 April 2006 (general); 6 April 2008 for construction and agriculture.
• Lower Exposure Action Value (LEAV) — 80 dB(A) daily personal noise exposure; trigger for assessment, information and offering hearing protection.
• Upper Exposure Action Value (UEAV) — 85 dB(A) daily personal noise exposure; mandatory hearing protection zones, engineering controls programme, health surveillance offered.
• Exposure Limit Value (ELV) — 87 dB(A) at the ear, accounting for protection attenuation; absolute maximum.
• Peak sound pressure — 135 dB(C) (LEAV peak), 137 dB(C) (UEAV peak), 140 dB(C) (ELV peak); for impulse noise (nail guns, shots, hammering).
• Self-employed duty — Regulations apply to self-employed people in respect of their own health.
• Risk assessment — required where exposure is likely to be at or above LEAV; competent person; written record.
• Hearing protection zones (HPZ) — designated where exposure exceeds UEAV; signed; mandatory hearing protection.
• Health surveillance — audiometric testing offered to workers regularly exposed at or above UEAV; records kept 40 years.
• Information and training — workers exposed at or above LEAV must receive information about risks, control measures, and proper use of hearing protection.
• Engineering controls — must be considered first; tool replacement, enclosures, damping, isolation.
• PPE assumed protection value (APV) — real-world attenuation of hearing protection; typically 4–6 dB lower than the manufacturer's stated SNR.
• HSE Calculator — free online tool for daily noise exposure calculation; sufficient for most assessments.
• Audiometry — calibrated hearing test; baseline + repeat at intervals (typically 3 years for ages < 50; 2 years for older).
• Stockholm Workshop Scale — staging system for noise-induced hearing loss; Stage 0 (normal) to Stage 4 (severe).
• Industrial deafness claims — civil claims for NIHL run into thousands of cases annually; insurer-driven.
• Ototoxic substances — solvents (toluene, xylene), heavy metals — interact with noise to increase NIHL risk.

Quick Reference Table

Detailed Guidance

When does the duty trigger

The noise duty triggers based on actual or expected exposure. The LEAV (80 dB(A)) is a daily averaged figure (LEP,d) — the energy-equivalent continuous level over an 8-hour day.

For most construction trades, the LEAV is reached easily:

• Angle grinder for 30 minutes daily — already at 80 dB(A) average if other tools also used.
• Disc cutter for 5 minutes — daily dose contribution ~83 dB(A).
• Multiple cordless impact drivers — cumulative effect.

A self-employed groundworker using disc cutters, breakers, and grinders for several hours daily will be at or above UEAV (85 dB(A)) regularly. Same for a roofer with nail guns, joinery shop workers with planers, and demolition operatives.

Risk assessment

The risk assessment must:

1. Identify activities producing noise.
2. Estimate or measure exposure (LEAV, UEAV, ELV daily; peak).
3. Identify who is exposed and at what level.
4. Specify control measures (engineering, working practices, PPE).
5. Include action plan for reductions.
6. Include health surveillance plan if at or above UEAV.

Methods:

• HSE Calculator — quickest method; uses tool-specific noise data (manufacturer or HSE published) and time-of-use to calculate daily exposure.
• Estimation from manufacturer data — read tool noise rating, multiply by use time, sum for the day.
• Site measurement — competent person with calibrated sound level meter (Class 1 preferred); used for high-stakes or borderline cases.
• Personal dosimetry — wearable noise dose meter for individuals working in variable conditions.

For most micro-business operations, the HSE Calculator is sufficient and free.

Engineering controls — the priority

Before relying on PPE, employers must consider engineering controls. Hierarchy:

1. Eliminate noise source:

• Choose quieter equivalent tool (e.g. shears instead of angle grinder).
• Use battery instead of petrol where viable.
• Outsource noisy operations (e.g. precut materials in factory).

2. Reduce noise at source:

• Newer tool models with lower noise rating.
• Damped (quieter) blade selection.
• Lubrication and maintenance to prevent noise build-up over time.

3. Reduce noise transmission:

• Enclosure of stationary plant (compressor housings, generator silencers).
• Acoustic screens on building sites.
• Distance — keep noisy plant away from work areas.

4. Reduce exposure time:

• Job rotation; share noisy tasks across workforce.
• Plan tasks to avoid simultaneous noise exposure.
• Limit duration on noisy work.

5. Provide PPE:

• Last in the hierarchy; supplemental rather than primary control.

A documented engineering controls programme, even if implementation is staggered, demonstrates compliance.

Hearing Protection Zones

Where exposure exceeds UEAV (85 dB(A)) and engineering controls have not yet eliminated the exposure, the work area must be designated as a Hearing Protection Zone. Requirements:

• Signage at boundaries and prominent locations.
• Mandatory hearing protection while in zone.
• Briefing of all entering personnel.
• Records of induction (date, name, briefing).

For mobile work (e.g. plumber moving room to room), the HPZ is the immediate area where the noisy work is happening. The duty extends to anyone entering — visiting clients, other contractors, deliveries.

Health surveillance

For workers regularly exposed at or above UEAV (85 dB(A)):

• Initial audiometry (baseline) on starting noise-exposed work.
• Repeat audiometry at intervals — typical 3 years for under-50s; 2 years for over-50s; annually if hearing loss detected.
• Records kept 40 years from last entry.
• Offered to all employees; refusal documented.

Audiometry providers:

• Occupational Health Service (OHS) — typical employer route.
• HSE-approved audiometric technicians.
• £40–£80 per individual test.

Stockholm Workshop Scale stages:

• Stage 0 — normal hearing.
• Stage 1 — early effects; recommendation for continued surveillance.
• Stage 2 — significant hearing loss; trigger for review of exposure.
• Stage 3 — significant disability; medical referral.
• Stage 4 — severe disability.

Information and training

Workers at or above LEAV must receive:

• Risk information (what causes NIHL, irreversibility).
• Tool-specific data (noise levels, exposure times).
• Hearing protection selection, fitting, maintenance.
• Health surveillance availability.
• Personal action they can take (limit exposure time, take breaks, etc.).

Format: in writing, with verbal toolbox briefing. Records of training (date, content, attendees) kept.

Hearing protection selection

Hearing protection is rated by SNR (Single Number Rating, in dB). Real-world performance is significantly less due to:

• Imperfect fit (especially for ear plugs without proper insertion).
• Removal for conversation or instructions.
• Attenuation drop with age and wear.
• Side-leakage around glasses or facial hair.

Practical APV (Assumed Protection Value) is the SNR minus 4-6 dB. Plus a real-world headroom of 5 dB safety margin gives a working figure.

Formula: APV = SNR - 4 dB (HSE recommendation)

Working noise at ear = ambient noise - APV.

Example: 100 dB(A) ambient noise, ear plugs SNR 33 dB. APV = 29 dB. Noise at ear = 100 - 29 = 71 dB(A) — well below ELV.

For impulse noise (nail guns, shots), use peak-rated protection (typically combined plugs + muffs, or specialist active electronic protection).

Special considerations

Ototoxic substances — toluene, xylene, lead, mercury. These interact with noise to increase NIHL risk. Where ototoxic substances are present, lower the noise threshold for action by 5 dB.

Young workers (under 18) — additional protection under Management of H&S at Work Regulations 1999.

Pregnant workers — pregnancy considered in risk assessment; high noise exposure may need redeployment.

Mobile workers — duty extends to noise generated by their own activities and noise from environment.

External noise — duty includes road noise, neighbours' machinery, etc., where these contribute to exposure.

Documentation and records

Written records required:

• Risk assessment (initial and reviewed).
• Action plan for reductions.
• Engineering controls programme.
• HPZ designation notices.
• Training/briefing records.
• Health surveillance records (medical-in-confidence).
• Audiometric results.
• PPE issue and replacement records.

Storage: typically 40 years from last entry for health surveillance; 5 years minimum for other records.

Enforcement and penalties

HSE inspection priority:

• High-risk sectors (construction, demolition, agriculture).
• Industries with NIHL claim history.
• Workplaces with reported issues.

Penalties (post-conviction):

• Improvement notice — required action with timescale.
• Prohibition notice — stop activity until rectified.
• Magistrates' court — fine up to £20,000 for summary conviction.
• Crown court — unlimited fine.
• Individual prosecution — directors can be personally liable.

Civil liability (NIHL claims):

• Worker claims compensation for hearing loss attributed to occupational noise.
• Damages typical £5,000–£40,000 depending on severity.
• Employers' Liability insurance covers most claims; uninsured employers liable directly.

Consumer-facing question — "the builder is making a lot of noise — is that a problem for them?"

The Construction (Design and Management) Regulations 2015 require employers and contractors to manage noise risk for their workers. As a member of the public near a construction site, your concern would normally be about noise from the site reaching you (a planning matter, not the H&S Regulations). The contractor's duty to their own workers is what this article is about.

If you are the homeowner having work done and concerned about a contractor's compliance, you can:

• Ask whether they have a noise risk assessment.
• Observe whether workers wear hearing protection during noisy work.
• Note whether engineering controls are in place (e.g. enclosures, distance from house).

A contractor without these is taking on risk that, in the event of a worker NIHL claim, could land back at the homeowner if the contractor was uninsured.

Frequently Asked Questions

Do I need to do a noise risk assessment if I'm self-employed?

If you regularly use noisy tools (likely above LEAV), yes. Self-employed people have the same duties as employers in respect of themselves under the Regulations.

Is the HSE Calculator accurate enough?

For most domestic-trade applications, yes. It uses manufacturer noise data and standard exposure-time-versus-level relationships. Borderline cases (just below or above thresholds) may need site measurement.

How often do I need audiometric tests?

Initial baseline; then every 3 years (under 50) or every 2 years (over 50). Annually if hearing loss is detected.

Can I do my own audiometry?

No — must be done by an HSE-approved audiometric technician using calibrated equipment.

What's the cheapest hearing protection?

Foam ear plugs: 5–10 pence per pair, SNR 32-34 dB. Cheap, effective, but only single-use. Reusable foam-cup ear plugs: £1–£3 each, multiple uses; lower SNR.

Are noise meters expensive?

Class 1 calibrated sound level meter: £400–£1,500. Personal dosimeter: £200–£500. For most micro-business applications, the HSE Calculator avoids needing equipment.

Regulations & Standards

• The Control of Noise at Work Regulations 2005 (SI 2005/1643) — primary legislation.

• The Health and Safety at Work etc Act 1974 — overarching duty.

• The Management of Health and Safety at Work Regulations 1999 — risk assessment requirement.

• The Personal Protective Equipment at Work Regulations 1992 (as amended 2022) — PPE requirements.

• The Construction (Design and Management) Regulations 2015 — site safety duties for contractors.

• BS EN 458 — Hearing protectors; recommendations for selection, use, care and maintenance.

• BS EN 352 series — Hearing protectors: general requirements (multi-part).

• HSE INDG 75 — "Sound Solutions" — practical guidance for noise control.

• HSE — Noise at work guidance — comprehensive employer duty guide.

• HSE — noise calculators and tools — daily noise exposure calculator.

• BSI — BS EN 458 hearing protection — selection and use.

• The Control of Noise at Work Regulations 2005 — full statutory text.

• noise at work — practical assessment and control — companion article on tool selection and exposure management.

• noise at work regulations — wider regulatory context — broader compliance guide.

• hand-arm vibration syndrome and exposure limits — overlapping risk for similar tools.

• PPE guide and selection — selection criteria for hearing protection.