Laws and their requirements

The basic duties of the employer in the area of occupational health and safety are set out in the Labor Code and in the Regulation of the Minister of Economy and Labor of 26 September 1997 on general health and safety at work (Journal of Laws 1997, No. 129, item 844, consolidated text: Journal of Laws of 2003, No. 169, item 1650, as amended). The employer's obligations in the scope of protection against noise are given in the Regulation of the Minister of Economy and Labor of August 5, 2005 on occupational health and safety in works related to noise exposure or mechanical vibrations (Journal of Laws of 2005, No. 157, item. 1318). Under this regulation, the employer is required to:

1. Measure the quantities characterizing noise in the work environment and compare their results with the action and limit values. The mode and frequency of these measurements are regulated by the Regulation of the Minister of Health and Social Care of February 2, 2011 on the testing and measurement of agents harmful to health in the work environment (Journal of Laws 2011, No. 33, item 166). According to this regulation, noise measurements should be carried out:

    • no later than within 30 days of the start of operations (results of tests and measurements shall be kept for a period of 3 years from the date of the last entry),
    • at least once a year if the results of the most recent measurements of noise-related quantities have shown that at least one of them exceeds 0.5 limit value,
    • at least every two years, when the results of the last measurements of noise values showed that at least one of them exceeds the 0.2 limit value,
    • in any case, changes in technical equipment, process or work conditions that could have influenced the change in emission levels or exposure to noise.

No noise measurements shall be carried out if the results of the two most recent measurements of quantities describing the noise made at the interval of 2 years showed that none of them exceeds 0.2 of the NDN value. The employer is obliged to immediately inform employees about the results of noise measurements.

The employer keeps an up-to-date register of factors harmful to health occurring at the workplace, called the 'register'. In the event of liquidation of the workplace, the employer immediately transfers the register and card to the competent local sanitary inspector

The employer constantly records the results of tests and measurements of the harmful factor for health to the test and measurement card.

 

2.Assess the occupational risk related to workers exposure to noise resulting from the characteristics of the workplace and the measures or work processes applied in specific conditions, with particular regard to:

    • the level and type of exposure (including impulse noise),
    • duration of exposure (including overtime),
    • limit and action values,
    • effects on the health and safety of employees, including those belonging to special risk groups,
    • effects of interactions between noise and mechanical vibrations,
    • information on noise emission levels provided by the producer of work resources,
    • the existence of alternative work measures with limited noise emission,
    • information obtained as a result of preventive medical examinations of employees,
    • the effects of interaction between noise and safety signals or other sounds that the employee should hear in order to reduce the risk of an accident at work,
    • effects of the interaction between noise and ototoxic substances (if it is possible due to technical and medical knowledge),
    • availability of personal protective equipment,

The occupational risk assessment should be documented and made whenever there are changes in the conditions of work performance or if such necessity is demonstrated by the results of preventive medical examinations.

3. Eliminate the occupational risk associated with exposure to noise at the source or limit it to the lowest possible level, taking into account available technical solutions and scientific and technical progress. After exceeding the limit value for noise, the employer is required to draw up and implement a program of organizational and technical measures aimed at limiting the exposure to noise consisting of:

    • avoiding processes or working methods that cause exposure to noise and replace them with other ones, resulting in lower exposure,
    • selecting work measures with the lowest possible noise emission,
    • limiting the exposure to noise with technical means (soundproofing enclosures, soundproof booths, silencers, screens, sound-absorbing materials, and insulation and sound-absorbing systems),
    • designing workplaces and arranging workplaces in a way that allows isolation from noise sources and limiting the simultaneous impact of many sources on the employee;
    • maintenance of work equipment, construction works, noise isolation and noise suppression devices and systems, and other collective protection measures;
    • informing and training employees regarding the correct and safe use of labor resources;
    • limiting the time and level of exposure and the number of people exposed to noise by proper organization of work, in particular the use of shortened time or breaks at work and rotation at workplaces.

4. If it is not possible to avoid or eliminate occupational risk resulting from exposure to noise by organizational and technical means:

    • provide personal hearing protection (after exceeding the action values),
    • provide personal hearing protection and supervise the correctness of their use (after reaching or exceeding the limit value).

             

5. Mark with workplace safety signs in which the quantities characterizing noise exceed the limit values, and isolate zones with such places and restrict access to them, if it is feasible and the risk resulting from exposure to noise justifies such separation.

6. In case of individual exposure to noise exceeding the limit value:

    • take immediate action to limit individual exposure below the limit value,
    • determine the reasons for the occurrence of excessive individual exposure,
    • choose protective measures and take preventive measures to avoid the re-occurrence of individual exposure exceeding the limit value,

7.Employees exposed to noise provide information and training regarding the results of occupational risk assessment, in particular regarding:

    • the level of occupational risk, the type of hazards and their potential effects,
    • measures necessary to eliminate or reduce occupational risks and the circumstances in which such measures should be applied,
    • limit and action values,
    • results of noise measurements, assessment of their intensity and type of impact on the body and possible impact on health,
    • causes of diseases caused by the exposure to noise, their symptoms and methods of detection and possible measures of medical prophylaxis,
    • preventive health care, including medical examinations of employees,
    • safe ways of doing work, minimizing exposure to noise,

 

The employer is also obliged to refer the employee to preliminary, periodic and control medical examinations as well as to cover the costs of these examinations. These responsibilities are set out in Regulation of the Minister of Health and Social Welfare of 30 May 1996 on the conduct of medical examinations of employees, the scope of preventive health care over employees and medical certificates issued for purposes provided for in the Labor Code (consolidated text, ournal of Laws of 2016. item 2067).