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Document 02003L0010-20190726
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) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
Consolidated text: 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) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
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) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
02003L0010 — EN — 26.07.2019 — 003.001
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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) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 042 15.2.2003, p. 38) |
Amended by:
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Official Journal |
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No |
page |
date |
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DIRECTIVE 2007/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2007 |
L 165 |
21 |
27.6.2007 |
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REGULATION (EC) No 1137/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2008 |
L 311 |
1 |
21.11.2008 |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
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)
(Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)
SECTION I
GENERAL PROVISIONS
Article 1
Aim and scope
Article 2
Definitions
For the purposes of this Directive, the physical parameters used as risk predictors are defined as follows:
peak sound pressure (ppeak): maximum value of the ‘C’-frequency weighted instantaneous noise pressure;
daily noise exposure level (LEX,8h) (dB(A) re. 20 μPa): time-weighted average of the noise exposure levels for a nominal eight-hour working day as defined by international standard ISO 1999: 1990, point 3.6. It covers all noises present at work, including impulsive noise;
weekly noise exposure level (LEX,8h ): time-weighted average of the daily noise exposure levels for a nominal week of five eight-hour working days as defined by international standard ISO 1999:1990, point 3.6 (note 2).
Article 3
Exposure limit values and exposure action values
For the purposes of this Directive the exposure limit values and exposure action values in respect of the daily noise exposure levels and peak sound pressure are fixed at:
exposure limit values: LEX,8h = 87 dB(A) and ppeak = 200 Pa ( 1 ) respectively;
upper exposure action values: LEX,8h 85 dB(A) and ppeak = 140 Pa ( 2 ) respectively;
lower exposure action values: LEX,8h = 80 dB(A) and ppeak = 112 Pa ( 3 ) respectively.
In duly justified circumstances, for activities 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:
the weekly noise exposure level as shown by adequate monitoring does not exceed the exposure limit value of 87 dB(A); and
appropriate measures are taken in order to reduce the risk associated with these activities to a minimum.
SECTION II
OBLIGATIONS OF EMPLOYERS
Article 4
Determination and assessment of risks
These methods and this apparatus shall make it possible to determine the parameters defined in Article 2 and to decide whether, in a given case, the values fixed in Article 3 have been exceeded.
Pursuant to Article 6(3) of Directive 89/391/EEC, the employer shall give particular attention, when carrying out the risk assessment, to the following:
the level, type and duration of exposure, including any exposure to impulsive noise;
the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
any effects concerning the health and safety of workers belonging to particularly sensitive risk groups;
as far as technically achievable, any effects on workers' health and safety resulting from interactions between noise and work-related ototoxic substances, and between noise and vibrations;
any indirect effects on workers' health and safety resulting from interactions between noise and warning signals or other sounds that need to be observed in order to reduce the risk of accidents;
information on noise emission provided by manufacturers of work equipment in accordance with the relevant Community directives;
the existence of alternative work equipment designed to reduce the noise emission;
the extension of exposure to noise beyond normal working hours under the employer's responsibility;
appropriate information obtained following health surveillance, including published information, as far as possible;
the availability of hearing protectors with adequate attenuation characteristics.
Article 5
Provisions aimed at avoiding or reducing exposure
The reduction of such risks shall be based on the general principles of prevention set out in Article 6(2) of Directive 89/391/EEC, and take into account in particular:
other working methods that require less exposure to noise;
the choice of appropriate work equipment, taking account of the work to be done, emitting the least possible noise, including the possibility of making available to workers work equipment subject to Community provisions with the aim or effect of limiting exposure to noise;
the design and layout of workplaces and work stations;
adequate information and training to instruct workers to use work equipment correctly in order to reduce their exposure to noise to a minimum;
noise reduction by technical means:
reducing airborne noise, e.g. by shields, enclosures, sound-absorbent coverings;
reducing structure-borne noise, e.g. by damping or isolation;
appropriate maintenance programmes for work equipment, the workplace and workplace systems;
organisation of work to reduce noise:
limitation of the duration and intensity of the exposure;
appropriate work schedules with adequate rest periods.
Article 6
Personal protection
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 in accordance with the provisions of Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( 4 ) and Article 13(2) of Directive 89/391/EEC and under the conditions set out below:
where noise exposure exceeds the lower exposure action values, the employer shall make individual hearing protectors available to workers;
where noise exposure matches or exceeds the upper exposure action values, individual hearing protectors shall be used;
the individual hearing protectors shall be so selected as to eliminate the risk to hearing or to reduce the risk to a minimum.
Article 7
Limitation of exposure
If, despite the measures taken to implement this Directive, exposures above the exposure limit values are detected, the employer shall:
take immediate action to reduce the exposure to below the exposure limit values;
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
Without prejudice to Articles 10 and 12 of Directive 89/391/EEC the employer shall ensure that workers who are exposed to noise at work at or above the lower exposure action values, and/or their representatives, receive information and training relating to risks resulting from exposure to noise concerning, in particular:
the nature of such risks;
the measures taken to implement this Directive in order to eliminate or reduce to a minimum the risks from noise, including the circumstances in which the measures apply;
the exposure limit values and the exposure action values laid down in Article 3 of this Directive;
the results of the assessment and measurement of the noise carried out in accordance with Article 4 of this Directive together with an explanation of their significance and potential risks;
the correct use of hearing protectors;
why and how to detect and report signs of hearing damage;
the circumstances in which workers are entitled to health surveillance and the purpose of health surveillance, in accordance with Article 10 of this Directive;
safe working practices to minimise exposure to noise.
Article 9
Consultation and participation of workers
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, in particular:
SECTION III
MISCELLANEOUS PROVISIONS
Article 10
Health surveillance
The objectives of these checks are to provide early diagnosis of any loss of hearing due to noise, and to preserve the hearing function.
Copies of the appropriate records shall be supplied to the competent authority on request. The individual worker shall, at his or her request, have access to the health records relating to him or her personally.
Where, as a result of surveillance of the hearing function, a worker is found to have identifiable hearing damage, a doctor, or a specialist if the doctor considers it necessary, shall assess whether the damage is likely to be the result of exposure to noise at work. If this is the case:
the worker shall be informed by the doctor or other suitably qualified person of the result which relates to him or her personally;
the employer shall:
review the risk assessment carried out pursuant to Article 4;
review the measures provided for to eliminate or reduce risks pursuant to Articles 5 and 6;
take into account the advice of the occupational healthcare professional or other suitably qualified person or the competent authority in implementing any measures required to eliminate or reduce risk in accordance with Articles 5 and 6, including the possibility of assigning the worker to alternative work where there is no risk of further exposure; and
arrange systematic health surveillance and provide for a review of the health status of any other worker who has been similarly exposed.
Article 11
Derogations
Article 12
Amendments to the Directive
The Commission is empowered to adopt delegated acts in accordance with Article 12a to make strictly technical amendments to this Directive in order to take account of technical harmonisation and standardisation with regard to the design, building, manufacture or construction of work equipment and workplaces, technical progress, changes in harmonised European standards or specifications and new findings concerning noise.
Where, in duly justified and exceptional cases involving imminent, direct and serious risks to workers’ and other persons’ physical health and safety, imperative grounds of urgency require action in a very short timeframe, the procedure provided for in Article 12b shall apply to delegated acts adopted pursuant to this Article.
Article 12a
Exercise of the delegation
Article 12b
Urgency procedure
▼M3 —————
Article 14
Code of conduct
In the context of the application of this directive Member States shall draw up in consultation with the social partners, in accordance with national law and practice, a code of conduct providing for practical guidelines to help workers and employers in the music and entertainment sectors to meet their legal obligations as laid down in this Directive.
Article 15
Repeal
Directive 86/188/EEC is hereby repealed with effect from the date set out in the first subparagraph of Article 17(1).
SECTION IV
FINAL PROVISIONS
▼M1 —————
Article 17
Transposition
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.
In order to allow for the drawing up of a code of conduct providing for practical guidelines for the implementation of the provisions of this Directive, Member States shall be entitled to make use of a maximum transitional period of two years from 15 February 2006, that is to say a total of five years from the entry into force of this Directive, to comply with this Directive, with regard to the music and entertainment sectors on the condition that during this period the levels of protection already achieved in individual Member States, with regard to the personnel in these sectors, are maintained.
Article 18
Entry into force
This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.
Article 19
Addressees
This Directive is addressed to the Member States.
( 1 ) 140 dB (C) in relation to 20 μPa.
( 2 ) 137 dB (C) in relation to 20 μPa.
( 3 ) 135 dB (C) in relation to 20 μPa.
( 4 ) OJ L 393, 30.12.1989, p. 18.
( 5 ) OJ L 123, 12.5.2016, p. 1.