The Implementing Regulation for Noise
SECTION ONE
Aim, Scope, Basis and Definitions
Aim
Article 1 — The aim of this Implementing Regulation is to establish the necessary preventive measures to be taken to protect the workers likely to be exposed to health and safety risks associated with exposure to noise, particularly the risks related with hearing..
The decisions of Occupational Health and Safety Implementing Regulation shall apply fully without prejudice to more stringent and/or specific provisions contained in this Implementing Regulation.
Scope
Article 2 — This Implementing Regulation is applied in all the workplaces that are covered by the Labour Act dated 22/5/2003 numbered 4857.
Basis
Article 3 — This Implementing Regulation has been prepared according to Article 78 of 4857 numbered Labour Act.
Definitions
Article 4 — As mentioned in this Article;
a) The maximum sound pressure (Ppeak) : is the maximum value of mostly "C"-frequency instantaneous noise pressure,
b) The level of daily noise exposure (LEX, 8h) (dB(A) re. 20 µPa) : Is as described in Standard TS 2607 ISO 1999: 1990, for an eight hour long business day, the time weighted average of all levels of exposure to noise including impulsive noise,
c) The level of weekly noise exposure (LEX, 8h) : Is as described in Standard TS 2607 ISO 1999: 1990, the time weighted average of the levels of daily noise exposure for one week that consists of five eight hour long business days,
d) Ministry : Is the Ministry of Labour and Social Security.
SECTION TWO
Employer’s Obligations
The limit values and action values for exposure
Article 5 — Subjects pertaining to exposure limit values and exposure active values are mentioned below
a) For the purposes of this Implementing Regulation, the levels of daily noise exposure and the Exposure Limit levels for the maximum sound pressure and active exposure values are given below;
1) Exposure Limit values: LEX, 8h = 87 dB (A) ve Ppeak = 140 Pai
2) The highest Exposure Limit action values: LEX, 8h = 85 dB (A) ve Ppeak = 140 µ Paii
3) The lowest Exposure Limit action values: LEX, 8h = 80 dB (A) ve Ppeak = 112 µ Paiii
b) In identifying the worker’s exposure, Exposure Limit value will be applied after taking into consideration the attenuation of the ear protector that is used by the worker. In exposure action value, the effect of the ear protector will not be taken into consideration.
c) In works where it is determined with certainty that the daily noise exposure fluctuates noticeably from day to day and in compliance with the below provisions, the weekly exposure values may be used instead of daily exposure values in applying Exposure Limit values and action exposure values.
1) The weekly exposure level established by sufficient measurement should not surpass the 87 dB (A) Exposure Limit value level.
2) Sufficient precautions must be taken to minimize the risks in these works.
(i) 20 µPa related to 140 dB (C).
(ii) 20 µPa related to 137 dB (C).
(iii) 20 µPa related to 135 dB (C).
SECTION THREE
Obligations of Employers
Identifying and Assessment of the Risks
Article 6 — In identifying and assessing the risks arising from noise at work;
a) In implementing the responsibilites specified in Occupational Health and Safety Implementing Regulation, (c) section of Article 6 and (a) section of Article 9, the employer will evaluate the level of noise the workers are exposed to and if necessary, will carry out noise measurement.
b) The applied methods and instruments should be suitable to the current situation and environmental factors, particularly to the characteristics of the noise to be measured and the exposure period.
The applied methods and instruments provide the possibility for taking the decision on establishing the parameters defined in Article 4 of this Implementing Regulation and whether the values established in Article 5 are surpassed or not.
c) The noise measurement method used should be such as to show the personal exposure of a worker.
d) The assessment and measurements that are defined in section (a) above, will be planned and carried out in appropriate intervals by specialists taking into consideration the decisions in Article 7 of Occupational Health and Safety Implementing Regulation.
The assessments and results of noise exposure level will be properly archived for further assessments in the future.
e) When assessing the measurement results, measurement errors that arise from the measurement applications will be taken into consideration.
f) The employer will pay particular attention to the below outlined points when carrying out the risk assessment as required in section (c) of the 6th Article of the Occupational Health and Safety Implementing Regulation.
1) The level, type and duration of exposure including impulsive noise,
2) The limit values and action limit values of exposure defined in 5th Article of this Implementing Regulation,
3) Particularly the effect on health and safety of workers falling under sensitive risk groups,
4) If technically possible, the effect on worker’s health and safety of the interaction of noise and work related auto toxic materials or the effect of interaction between noise and vibration.
5) The indirect effect of interaction, on the health and safety of the workers, between alert signals that must be detected by the workers to reduce the risk of accident and other sounds and noises.
6) The information provided by the manufacturers of work equipment on noise emissions as decreed by the law.
7) Whether there exists any alternative work equipment with a lower emission of noise.
8) Whether the exposure to noise continues outside the normal working hours that are under the responsibility of the employer.
9) All the information that is acquired from health surveillance and if possible including the latest published information,
10) Whether there are ear protectors that provide sufficient protection.
g) The employer, according to the subsection numbered (1) of section (a) of the 9th Article of the Occupational Health and Safety Implementing Regulation must have carried out the risk assessment and should define what type of precautions should be taken in line with 5, 6, 7 and 8th Articles of the same Implementing Regulation. Registrations pertaining to risk assessment should be registered and archived, in accordance with the law in implementation. Risk assessment will be carried out regularly as well as when important changes take place or when health surveillance results require them.
Avoiding or Reducing Exposure
Article 7 — To avoid or reduce exposure arising from noise;
a) Appropriate precautions in line with technical developments will be taken to eradicate or reduce to a minimum the risks originating from exposure to noise.
In reducing the risks originating from noise, the principles of section (b) of the 6th Article of the Occupational Health and Safety Regulation will be abided by and specifically;
1) Choosing work methods that have lower exposure to noise,
2) By taking into consideration the type of work being carried out, choosing the work equipment that emits the lowest possible noise,
3) The design of the place of employment and the workplace,
4) To give the necessary information and the training to the employees on how to use the work equipment safely and properly so that they will be exposed to the least amount of noise,
5) To lessen the noise through technical means;
- To reduce the noise that spreads through air, by shields, enclosures, sound-absorbent coverings and methods alike,
- To reduce the noise arising from the structure by insulation and methods alike,
6) To apply the proper maintenance programs for the workplace, work systems and work equipment,
7) By using a work organization that reduces the noise, the measures like;
- Limiting the exposure time and noise level,
- Taking adequate rest breaks to organize the work periods,
types of precautions taken.
b) In the risk assessment made according to Article 5 of this Implementing Regulation, in case of establishing that the maximum action levels of exposure was exceeded, the employer, taking into account the precautionary measures mentioned above in section (a), will form and apply a program of precautionary measures directed towards technical and/or organizational reduction of exposure to the noise.
c) According to the risk assessment made in accordance with the Article 5 of this Implementing Regulation, the workplaces that the workers could be exposed to the noise exceeding the maximum action level will be marked appropriately. Besides, the borders of these areas will be established and if it is technically possible, the entrances to these areas will be under control.
d) The noise level in the places that are set apart for workers to rest, should be suitable for their purpose of usage.
e) In accordance with the Article 15 of Occupational Health and Safety Implementing Regulation, the employer will take the necessary precautionary measures to protect the sensitive risk groups like women, children, elderly and disabled.
Personal protection
Article 8 — If the risks arising from exposure to noise cannot be prevented through other means, then;
a) In accordance with the Article 13 section (b) of Occupational Health and Safety Implementing Regulation and the decisions of Usage of Individual Protection Devices in the Workplaces Implementing Regulation, and with the conditions stated below, the workers will be given individually fitted ear protectors and these protectors will be used by workers:
1) When the exposure to noise exceeds the minimum action level of exposure, then the employer will supply the ear protectors and will keep them ready for use,
2) When the exposure to noise reaches or exceeds the highest action level of exposure the ear protectors will be used,
3) The ear protectors will be chosen to prevent risk associated with hearing or to decrease it to the lowest level possible.
b) The employer will be responsible for ensuring the usage of ear protectors, and inspection of the effectiveness of the precautionary measures taken.
Limitation of exposure
Article 9 — The exposure of the worker, should, under no condition, exceed the exposure limit values, as mentioned in the Article 5 Section (b) of this Implementing Regulation.
In cases that, in spite of all the mentioned precautionary measures taken, it is determined that the exposure limit values are exceeded, the employer;
a) Will immediately do what is needed to bring down exposure below the limit values for the exposure,
b) Will determine the reasons for exceeding the exposure limit values, and,
c) To prevent the repetition of this, will take the steps aimed for protection and prevention.
Informing and training the workers
Article 10 — The employer, should inform and train the workers, that are exposed to the lowest action value of exposure or higher noise, and/or their representatives, on noise exposure, and particularly on the topics below, along with the points mentioned in the Articles 10 and 12 of Occupational Health and Safety Implementing Regulation;
a) Risks arising from exposure to noise,
b) The precautionary measures taken to apply the Decisions of this Implementing Regulation, with the objective of preventing the risks arising from noise or minimizing them, and the conditions to which these precautionary measures will be applied,
c) The exposure limit values and exposure action values mentioned in the Article 5 of this Implementing Regulation,
d) The assessment and the results of the noise measurement carried in accordance with the Article 6 of this Implementing Regulation and their importance and the potential risks,
e) Proper usage of the ear protectors,
f) Why and how to determine and notify the symptoms of hearing loss,
g) According to Article (12) of this Implementing Regulation, the conditions under which the workers will be put under health surveillance and the purpose of this health surveillance,
h) Safety work applications that will minimize the noise exposure.
Consulting the workers and ensuring their participation
Article 11 — In accordance with the Article 11 of Occupational Health and Safety Implementing Regulation, the workers will be consulted on the subjects covered in this Implementing Regulation, and particularly on the topics mentioned below and their participation will be ensured:
a) As mentioned in Article 6 of this Implementing Regulation, in assessing the risks and defining the measures to be taken,
b) As mentioned in Article 7 of this Implementing Regulation, in taking the precautionary measures aiming at eradicating or minimizing the risks arising from noise,
c) As mentioned in Article 8 Section (a) Sub-section number 3 of this Implementing Regulation, in choosing the ear protectors.
SECTION FOUR
Miscellaneous Provisions
Health Surveillance
Article 12 — Taking into account the following particular points mentioned below, the workers will be kept under health surveillance:
a) If a health risk is found out in the risk assessment made according to Article 6 Section (a) of this Implementing Regulation, the workers will be put under an appropriate health surveillance.
b) The worker who is exposed to noise exceeding the highest exposure action values, has the right to ask for a hearing test to be carried out by a doctor or a specialist supervised by a doctor. In cases that the assessment and measurement results that are decided in the Article 6 of this Implementing Regulation show a health risk, hearing tests will be apllied also to the workers who are exposed to noise exceeding the lowest exposure action values. The purpose of these tests is the early detection of any hearing loss that is related to noise and to take hearing function under protection.
c) In relation with health surveillance made in accordance with the Sections (a) and (b) above, a health record will be kept for every worker and be updated. The health records will contain a summary of the health surveillance. These records will be stored according to the confidentiality principal and if necessary can be accessed for inspection.
In case of a request from the authorities, the copies of these records will be submitted. Every worker
can request to access his or her records.
d) If a hearing loss is determined as a result of the health surveillance related to hearing, a doctor or a specialist designated by a doctor will evaluate whether the hearing loss is from exposure to noise or not. If the hearing loss is related to noise, then;
1) The worker, will be informed about the results related to him or her, by a doctor or a person with appropriate qualifications.
2) The employer;
i) Will inspect the risk assessment made according to the Article 6 of the Regulations.
ii) Will inspect the precautions taken according to the Articles 7 and 8 of this Regulations, to avoid the risks or minimize them.
iii) Will take into consideration the recommendations of occupational health specialists and other people with appropriate qualifications, in appliying the precautionary measures that are taken, as seen necessary according to the Articles 7 and 8 of this Regulations, to avoid the risks or minimize them, which also includes reassigning the worker to another job that will not expose him to the noise.
iv) Will apply systematic surveillance of health to scrutinize the health condition of the workers who are exposed as such.
SECTION FIVE
Final Provisions
Related European Community Legislation
Article 13 — This Regulations is prepared, based on the European Parliament and Council’s Regulations dated 6/2/2003 and numbered 2003/10/EC.
Enter into Force
Article 14 — This Regulations shall enter into force three (3) years after it is published.
Administration
Article 15 — The decisions of this Regulations are administered by The Minister of Labour and Social Security.