CIEH Professional Examinations Health & Safety 2 November 2006 CASE FILE

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1 CASE FILE You are an environmental health practitioner employed by Chadwick Valley MBC in the occupational health and safety division. You have been asked by your Manager to act as an occupational noise adviser to the Chadwick Valley Sports Centre. The Sports Centre is owned and managed by the Council and they have recently started a roller disco on Friday nights. This is proving to be very popular with young people in the Borough and the Council are keen to maintain its success as a way of providing facilities and entertainment for young people. John Martin is the centre manager and your point of contact. You make contact with John Martin and he informs you that he is aware that some new Noise at Work Regulations have come into force and he is worried that the noise levels at the roller disco may be too high. He has already had some noise measurements carried out and this survey indicated that the average L Aeq(5 minutes) in the roller disco area was 99dB. On the basis of this survey he provided intra-aural hearing plugs for his bar staff to wear but the staff do not use them as they find them difficult to fit and uncomfortable. The staff have received no training or education about the risks associated with occupational noise exposure. Your Department and your lead councillor are heavily committed to health education and seek to adopt a proactive and preventative approach wherever possible.

2 TASKS TASK 1 Draft an to Mr. Martin that: Outlines four key legal responsibilities that Mr Martin has to his employees in respect of occupational noise exposure. (2) Outlines the steps involved in carrying out a noise at work assessment that the enforcing authority would find acceptable. (2) TASK 2 Discuss the main issues (in terms of health and safety and of the presentation itself) that you would need to consider when designing a presentation to be given to leisure centre staff, that will educate them about the importance of using hearing protection. (50 marks) FOR THE PURPOSES OF THIS EXAM YOU SHOULD JUSTIFY ANY ASSUMPTIONS YOU HAVE MADE WITHIN THE ANSWERS GIVEN

3 TASK 1 Draft and to Mr. Martin that: MARKING ADVICE Outlines four key legal responsibilities with regard to occupational noise exposure in relation to his employees (2) Outlines the steps involved in carrying out a noise at work assessment that the enforcing authority would find acceptable (2) Answer should be in the form of an with details of addressee, any cc s, date, who from and reference to subject matter 2 marks Student should identify relevant legislation i.e. General duties under Health and Safety at Work etc Act 1974 and specific duties under Control of Noise at Work Regulations marks At this point the student could refer to the current Noise at Work Regulations 1989 or the new Control of Noise at Work Regulations 2005 which don t come into affect for entertainment venues until April If student discusses this then EITHER Student should then mention specific requirements under the Control of Noise at Work Regulations Any 3 from the following are acceptable: Reg.5 states that where an employee is exposed lower exposure action value shall make a suitable and sufficient assessment of the risk from that noise to the health and safety of those employees, and the risk assessment shall identify the measures which need to be taken to meet the requirements of these Regulations. The assessment should identify all employees so exposed and provide enough information to enable appropriate action to be taken. The assessment shall be reviewed when there are significant changes in the workplace.

4 Reg.6 states that the employer shall ensure that risk from the exposure of his employees to noise is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable. and if any employee is likely to be exposed to noise at or above an upper exposure action value, the employer shall reduce exposure to as low a level as is reasonably practicable by establishing and implementing a programme of organisational and technical measures, excluding the provision of personal hearing protectors, Reg.7 states that an employer who carries out work which is likely to expose any employees to noise at or above a lower exposure action value shall make personal hearing protectors available upon request to any employee who is so exposed and without prejudice to the provisions of regulation 6, if an employer is unable by other means to reduce the levels of noise to which an employee is likely to be exposed to below an upper exposure action value, he shall provide personal hearing protectors to any employee who is so exposed. Also goes on to require use of hearing protection zones Reg.8 outlines the requirements with regard to the maintenance and use of hearing protectors Reg.9 Gives the requirements with regard to health surveillance and noise. Reg.10 Outlines the requirements with regard to the provision of information, instruction and training (3 x = 1)

5 OR Student should then mention specific requirements under the Noise at Work Regs Any 3 from the following are acceptable: Reg.4 states that where an employee is exposed to the 1 st Action Level or above then the employer must arrange for a noise assessment to be carried out by a competent person. The assessment should identify all employees so exposed and provide enough information to enable appropriate action to be taken. The assessment shall be reviewed when there are significant changes in the workplace. Reg.5 states that the employer shall keep a record of any noise assessments carried out. Reg.6 states that the risk of hearing damage should be reduced to the lowest level reasonably practicable. Reg.7 states that where employees have an L EP,d of 90dB(A) or more then efforts to reduce their expose by means other than providing hearing protectors must be made. Reg.8 Adequate personal ear defenders shall be provided to workers exposed to an L EP.d of 90dB(A) and if requested to workers exposed to an L EP,d between 85 and 90 db(a). Reg.9 Demarcation of ear protection zones where personal hearing defenders must be worn. Reg.10 Any equipment provided by an employer to comply with duties under these regulations must be fully and properly used, is maintained in an efficient state, in efficient working order and in good repair. Employees to use fully and properly any provided hearing protection methods and to report any defects. Reg.11 Employer needs to provide information, instruction and training with regard to noise if any employees are exposed to any of the action levels. Ref.13 Exemption to requirements of Regulations of workers personal weekly exposure to noise (L EP,w ) does not exceed 90dB(A). Exemptions granted by HSE. (3 x = 1) The approach to carrying out a noise at work assessment can be summarised as a 5 stage process and the student should identify the 5 stages and briefly describe each. Step 1 Deciding whether a noise assessment is needed Risk based decision If people have to shout to be heard when 2 m away problem likely Mr. Martins results indicate a likely problem Step 2 Who might be exposed? Should include all people likely to be exposed including employees, members of the public, guest artists/dj s Special consideration of expectant mothers and those under age 18

6 Step 3 Noise assessments Carried out by competent person Needs to take appropriate noise measurements Assess individual workers exposure accounting for movements etc Decide what further action to take Implement recommendations of noise assessment Step 4 Record the findings Step 5 Review of noise assessments Needs to be kept up to date Allow for changes in operation Allow for changes in equipment e.g. new sound equipment, mixing desk TASK 2 Outline the main issues (health and safety and presentational) that you would consider in a presentation to leisure centre staff that will educate them about the importance of using hearing protection. (50 marks) Should identify overall aim of presentation e.g. that workers will go away from talk and wear their hearing protection correctly Should allow for audience and pitch presentation in appropriate way could make reference to mode of delivery e.g. use of audiovisual aids such as videos or slides. Reference to presentation style friendly, non patronising and appropriate language and level. Key points to bring out in presentation: Simple explanation of how ear works and how noise damages it Important to convey delicate nature of the hearing mechanism Consequences of hearing damage including social aspects May not be aware until too late Hearing damage is preventable and is easily prevented Describe different types of protectors available Outline employer responsibilities about providing hearing protectors e.g. how to get, how to fit etc Emphasise that should not be uncomfortable if fitted correctly Should not interfere with communication

7 Could illustrate the above with actual hearing protectors Outline employers general duties re: noise to expect noise assessment etc Outline employees general duties re: use of hearing protectors etc Any 8 of the above each (1 mark for mentioning and other 4 marks for reasonable description of requirements) 40 marks