What does the Working Conditions Act say about hearing protection?

In chapter 6, section 3 of the Working Conditions Decree the legal framework for noise in the workplace is described. Specifically in article 6.8 are mentioned the measures that employers must take to prevent or limit exposure to harmful noise.

Sound is all around us and, depending on intensity and duration, can pose a risk to hearing. This risk applies not only to extreme situations, such as construction equipment or aircraft engines, but also to prolonged exposure to less extreme noise levels.

Examples of everyday noise levels:

• A normal conversation: approximately 60 dB (A)
• Car stereo at full volume: peaks up to 100 dB (A)
• Pain threshold in adults: from 120 dB (A)

The risk of noise and hearing loss However, even with prolonged exposure to noise levels, starts from 80 dB (A).

What does the Working Conditions Act say about limit values and obligations?

According to the Working Conditions Act, there are clear action values and limits for noise in the workplace.

• At 80 dB (A):
• The employer is obliged to to provide hearing protection. This includes peak levels of 135 dB (C) are reached. In addition, the risk of hearing damage must be defined in the risk inventory and assessment (RI&E). Appropriate measures must be taken to limit exposure.
• At 83 dB (A):
• An employee may have a maximum of 4 hours work without hearing protection. In the remaining time, the employee must not be exposed to high noise levels. This is intended to keep the total daily dose within safe limits.
• At 85 dB (A):
• Hearing protection is legally required. This also applies at peak levels of 137 dB (C). The employer must ensure that employees actually wear hearing protection. In addition, additional measures should be taken to further reduce the noise level, where possible.
• At 87 dB (A):
• This is the maximum exposure limit value, including the effect of the hearing protection used. Exceeding this value requires immediate measures, such as adapting working methods, technical interventions or reducing the duration of exposure.

Why is hearing protection necessary?

Hearing impairment due to noise exposure is one of the most common occupational diseases. This can lead to:

• Noise and hearing impairment: gradual, permanent decline in hearing.
• Deafness: irreversible hearing loss during prolonged exposure.
• Tinnitus (ringing in the ears): constant beeping or noise without an external source.

Exposure to high noise levels does not have to be immediately painful to cause damage. Prolonged exposure to sounds of 80 dB (A) or higher is the biggest risk.

Important rule of thumb:

If you have to raise your voice within a radius of one meter to be heard, the noise level is probably too high.

Measures to prevent hearing damage

The Working Conditions Act states that employers must first look at options to address the source of the noise before using personal protective equipment.

1. Source measures

According to the occupational health strategy, source measures have the highest priority:

• Replacing noisy machines with quieter alternatives.
• Equipment maintenance to reduce excessive noise.
• Installation of soundproof enclosures or noise barriers.

If source measures have insufficient effect, additional measures must be taken.

2. Organizational measures

• Limiting exposure time: Reduce working hours in noisy environments.
• Varied work: Rotate tasks to reduce exposure.

3. Personal protective equipment (PPE)

Only when source and organizational measures are not adequate is hearing protection allowed as a control measure.

What forms of hearing protection are there?

1. Earmuffs

• They are worn over the ears like headphones.
• Can be dampened up to 30 dB (A) offer, if properly closed.
• Disadvantages: overheating of the ears and reduced environmental perception.

2. Ear plugs (caps/plugs)

• Placement in the ear canal.
• Effective damping depending on correct positioning.
• Risks: insufficient damping due to improper installation and hygiene problems.

3. Otoplastics (custom made earplugs)

• Made from an ear print.
• Damping up to 30 dB (A), tailored to specific working conditions.
• Benefits: high wearing comfort and ability to continue to understand speech.
• Requires regular monitoring for fit and damping.

Combination of hearing protectors

When combining hearing protectors, such as earmuffs with earplugs, the attenuation does not simply add up. This is due to:

• Bone conduction: Sound that is transmitted through the skull.
• Sound leaks: Around hearing protectors or via the oral cavity.

The maximum noise reduction that can be achieved is around 35 dB (A). More damping is not possible due to the physical transmission of vibrations through the body.

Maintenance and inspection of hearing protection

Regular maintenance is essential for effective protection:

• Check fit: Especially with otoplastics, as poorly fitting specimens offer false security.
• Cleansing: Follow the manufacturer's instructions.
• Replacement: Based on the specified lifespan and wear.

Improper use or a poorly fitting hearing protector can lead to insufficient protection, resulting in permanent hearing damage.

Employer and employee responsibilities

The Working Conditions Act clearly divides the responsibilities for hearing protection between employer and employee. Both parties have a role in preventing hearing damage, but the primary responsibility lies with the employer.

Employer responsibilities

Under the Working Conditions Act, the employer is obliged to create a safe and healthy work environment. This means that he must act proactively to reduce risks, including hearing loss.

1. Carrying out a Risk Inventory and Assessment (RI&E)
2. The starting point is to prepare a current RI&E, which explicitly includes noise risks. This is required by law. The RI&E determines where, when and during which activities employees are exposed to harmful noise. This is not only about the intensity of the noise (in decibels), but also about the duration of the exposure.
3. Providing hearing protection from 80 dB (A)
4. Once the noise exposure reaches the threshold of 80 dB (A) exceeds, the employer is obliged to provide appropriate hearing protection. This also applies if there are peak noises from 135 dB (C) or higher. Hearing protection must be freely accessible to all workers who are exposed to it.
5. Maintaining the duty to carry at 85 dB (A) or higher
6. From a noise level of 85 dB (A) or peak noises from 137 dB (C), there is a legal obligation for hearing protection. The employer must not only offer hearing protection, but also actively ensure that it is actually worn. This means that checks must take place and that failure to comply with this obligation may have consequences for employees.
7. Providing information and instructionWorkers must be well informed about the risks of noise exposure and the proper use of hearing protection. This means that the employer must regularly provide information about:
   • The dangers of prolonged exposure to loud noise.
   • The correct use, maintenance and longevity of hearing protectors.
   • The importance of timely reporting defective or malfunctioning hearing protection.

Why is this important?

Because hearing damage is irreversible. The consequences of poor protection, such as hearing impairment or tinnitus, can affect the rest of a person's life. In addition, an employer who fails to comply with its obligations can be held liable for workers' compensation claims or fines from the Dutch Labour Inspectorate.

Employee Responsibilities

Although the employer has the duty to facilitate a safe work environment, the employee also has a responsibility. The Working Conditions Act states that employees are obliged to take care of their own safety and health and that of others in the workplace.

1. Wear hearing protection where required by law
2. Workers are required to wear hearing protection as soon as the noise level exceeds 85 dB (A) comes out, or if the employer prescribes this in the context of the RI&E. This is not voluntary advice, but a legal obligation. Failure to comply with this can not only cause health risks, but also have employment law consequences.
3. Proper use and maintenance of personal protective equipment (PPE)
   ‍Hearing protection only works effectively if it is used properly. Employees must:
   • Insert earplugs or otoplastics correctly.
   • Close the earmuffs properly so that there are no sound leaks.
   • Keep the protective equipment clean and check for damage.
   Misuse can lead to a false sense of safety while still harming the hearing.
4. Reporting defects or problems with hearing protection
5. If hearing protection does not function properly, is damaged or does not fit properly, the employee is obliged to do so to report immediately with the employer or supervisor. This certainly applies to custom-made otoplastics, where wear or a poor fit can drastically reduce the effectiveness.

Why is this important?

Because the health of the employee himself is at stake. In addition, it is part of collective safety in the workplace. Employees who do not wear the right protection can also put others at risk, for example because they do not hear warning signals properly.

Hearing protection is a legal requirement when exposed to noise levels above 80 dB (A). The Working Conditions Act emphasizes that preventing exposure at source is preferable, but where this is not possible, personal protective equipment must be used.

Permanent hearing damage can easily be prevented by strictly complying with legislation and taking appropriate protective measures.

Cooperation between employer and employee

Effective hearing protection requires collaboration. The employer creates the conditions, but the employee must actively comply with them. Regular evaluations, toolbox meetings and checks can contribute to awareness and the correct use of hearing protection.

In companies with a works council or employee representation, consultations can take place about the choice of hearing protection equipment. This promotes support and increases the chance that resources are used correctly and consistently.

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