Directorate of Community Services Environmental Services Town Hall Chesterfield Derbyshire S40 1LP E-mail healthandsafety@chesterfield.gov.uk THIS IS NOT A CIRCULAR AND REQUIRES YOUR ATTENTION The Employer Please ask for Direct Line Our Ref Your Ref Health&Safety 01246 345749 Noiseadvice May 2007 Dear Sir/Madam From 1st April 2008 its…….TIME TO FACE THE MUSIC New laws will come into effect on 1st April 2008 to protect employees who work in pubs/clubs/restaurants/cafes etc. from loud music that could damage their hearing. It is estimated that excessive noise in the workplace has already caused hearing loss or other ear conditions in more than 500,000 people. Noise at work issues are usually associated with industries such as manufacturing and construction but with more licensed premises opening for longer and playing loud, amplified music, staff working in bars, clubs and pubs in the Borough of Chesterfield might not realise their hearing is being put at such high risk. The Control of Noise at Work Regulations 2005 require employers to protect their employees from the effects of noise at work and introduce new stricter controls. The entertainment industry has had a 2-year lead in period to get ready but the time for compliance with the new laws is fast approaching. We are writing to help you: Appreciate why loud music can affect your employee’s hearing Understand the new law and what it requires you to do Find out if music levels in your premises could be a problem Choose how to reduce the risks to your employees These laws do not: Stop you from playing loud music Force the industry to spend hundreds of pounds on noise assessments We will be visiting premises in the coming months to find out what pubs and clubs are doing to protect their employees from hearing damage, and to give advice on reducing the risks from loud music. We will take this informal approach until the new laws come into effect on 1st April 2008, at which time we will expect all businesses to have taken steps to protect their workers hearing. Enclosed with this letter is: An advice sheet for businesses on how to comply with the new laws A Noise at Work leaflet (INDG362) A record sheet to help calculate employee noise exposure If you have already had a noise assessment undertaken by a competent person then you must ensure that it is up to date (that it refers to the new noise action levels), your business has not altered since the assessment was carried out, and that suitable controls have been implemented and maintained. Otherwise, the noise assessment may need reviewing. Further advice on the new laws can be found on the Health and Safety Executive website at www.hse.gov.uk/noise or please contact the Health and Safety Team on 01246 345717. Yours sincerely M STEAD Senior Environmental Health Officer (Health and Safety/Licensing) From 1st April 2008 its…….TIME TO FACE THE MUSIC New laws will come into effect on 1st April 2008 to protect employees who work in pubs/cubs/restaurants/cafes etc. from loud music that could damage their hearing. We agree with businesses who say: “Loud music is necessary to stimulate enjoyment amongst customers, and also to attract potential customers to our premises” “Quiet music may deter both customers and promoters from our premises which might affect our business” But we need to balance this against the knowledge that prolonged loud music can damage your employee’s hearing. We have suggestions to help you assess if loud music is a problem, help you protect your employees hearing and still play loud music…..read on Why does loud music cause hearing damage? Sound related hearing loss occurs because, over extended periods, loud music damages the tiny sensory hair cells, deep inside the inner ear, which quiver as a result of sound and transmit nerve signals to the brain. We all lose these hair cells as we get older, but exposure to loud music can accelerate this process. First, the high frequencies go- the ring of a doorbell for example – and gradually the loss works down the spectrum until it affects the frequencies of normal speech. What does the law require me to do? If employees are likely to be exposed to music that is louder than 80 decibels (dB) then the employer must check how likely it is that their hearing will be damaged (how long they are exposed and how loud the music is will have to be considered), and whether they might be exposed to loud music above 85 dB. The law requires a staggered approach to protecting employees who are exposed to loud music (the noise levels are usually averaged over an 8 hour working day) and are written as dB(A) to show an average noise level: 80dB is known as the lower action level 85dB is known as the upper action level 87dB is an absolute limit that must not be breached (this takes account of any reduction in sound levels provided by hearing protection) Do I need to buy expensive equipment to help me with this? No. The following guidelines in Table 1 can be used to check whether music levels in your premises may be loud enough to be a problem: Table 1 Test Probable music levels Music is intrusive but normal conversation possible You have to shout over the music to talk to someone 2 metres away You have to shout over the music to talk to someone 1 metre away 80dB Further steps will be needed if the level is like this for more than: 6 hours 85dB 2 hours 90dB 45 minutes You need to estimate the sound levels in all parts of your premises where employees might work e.g. behind the bar, on the dancefloor (when glass collecting), in the kitchen/serving area, cloakroom area. You might find it useful to zone/segregate your premises for this task. For example Zone 1 = Bar area, Zone 2 = Dancefloor, Zone 3 = Kitchen/ serving Area, Zone 4 = Cloakroom. Note the different sound levels on a diagram of your venue for use later. It is important to be able to estimate the sound levels that employees are exposed to as this will guide you to choose the most suitable course of action to protect your employees. The new laws require the following staggered approach shown in Table 2 below: Table 2 Lower action level Upper action level Employees are exposed to a Action required to protect daily average of: employees Assess the likely impact of sound levels on employees. 80dB(A) Make ear protection available (ear plugs etc). Provide advice and training to employees on the effects of loud music. As above and: Reduce sound levels from source (e.g. turn the volume 85dB(A) down). Sign parts of the premises as “Ear protection zones”. Ear protection MUST be worn. Health surveillance (hearing checks) must be provided for employees. What if my employees work in different areas of the premises during their shifts? How do I calculate their average exposure to music? What if they don’t work a full 8-hour shift? Make a list of all your employees and record how long they would normally spend working in the different parts of your premises during their shift (an example record sheet is enclosed). Compare this with the diagram of your premises that you made earlier (which shows your estimated music levels throughout your venue). You can now work out the different noise levels that employees are exposed to, and for how long. To work out an average for each employees’ shift you need to input your results for each employee into the Health and Safefy Executive Noise Calculator which is on their website at http://www.hse.gov.uk/noise/dailycalc.xls You should now have an average daily noise exposure level for each employee. If you do not use the noise calculator it can be a complicated process to work out an average as noise levels cannot be simply added together to find a total. You may require expert advice from a noise consultant. What do I do now? You should now be at a point where you have: estimated the music levels in all parts of your premises where employees work and made a note on a diagram. made a record of how long each employee spends in these areas throughout their shift. if necessary, you will have used the HSE noise calculator to estimate an average of employee noise exposure where they work in different parts of your premises and are exposed to varying music levels, or where they don’t work an 8hour shift. you will be able to compare employees’ exposure to noise with the figures in Table 2 (if employee levels are beneath 80dB(A) you have completed your assessment). Using Table 2, you can now work out what further action you might need to take to protect your employees. Do I have to turn the music down? Turning the volume of the music down is just one of many options, but it may well be sensible to turn it down gradually over a period of time and get feedback from your customers on their expectations of music levels. The risk of hearing loss is dependant on how loud the music levels are and how long a person is exposed to these levels. Consider the following options to reduce the risks of hearing loss to your employees (there is also some advice to protect customers): Speaker location - arrange the loud speakers around the dancefloor, and face all speakers away from the bar areas. quieter speakers in the sitting/communal areas. this helps to protect employees as they are only exposed to loud music for short periods whilst around the dancefloor. - prevent members of the public from dancing/standing within 2 metres of loud speakers. Sound absorbing - Use sound absorbing materials around work areas (on walls and ceilings) such as bars, cloakrooms and pay desks. Use speaker mounts to limit vibration from speakers. Segregate loud (above 85dB(A)) and quiet areas (under 85dB(A)) with sound absorbing screening. Chill-out areas are good examples of quiet areas for the public. Job rotation - This can work by limiting the time employees spend in loud areas. - But can only work if there are quiet areas (under 85dB(A)) - Example: Cloakroom (85dB(A) for 2hrs) Bar (85dB(A) for 2 hours) Glass collecting (100dB(A) for 2 hours) Daily average = 94.2dB(A) which would not be acceptable Noise limiters These are fitted to the sound system. They can cut the power if pre-set level breached, or reduce volume at discrete steps. Limit music levels to 96dB(A). Requires close working with the DJ. Information, instruction and training - Raise awareness of employees of risks from loud music. Inform employees where areas are +85dB(A) where ear protection must be worn. Instruct employees how to use ear protection properly. Ear plugs can be used for glass collecting, DJs can wear noise cancelling/ sound limiting headphones (cut-out background music). Work with your DJ and instruct them on the sound levels you want. Good practice to advise customers if music levels +96dB(A), to provide cheap/free earplugs, and inform them how to protect their hearing. Further advice on the new laws can be found on the Health and Safety Executive website at www.hse.gov.uk/noise or please contact the Health and Safety Team on 01246 345717.