Regulation on the Protection of Workers from Risks Related to Noise

PART ONE

Purpose, Scope, Basis and Definitions

Purpose

ARTICLE 1 - (1) The purpose of this Regulation is to set the minimum requirements for the protection of workers from health and safety risks that may arise from exposure to noise, in particular risks related to hearing.

Scope

ARTICLE 2 - (1) This Regulation applies to workplaces within the scope of the Occupational Health and Safety Law No. 6331 dated 20/6/2012.

Basis

ARTICLE 3 - (1) This Regulation has been prepared on the basis of Article 30 of Law No. 6331 and the Law No. 3146 dated 9/1/1985 on the Organization and Duties of the Ministry of Labour and Social Security, and in parallel with Directive 2003/10/EC of the European Parliament and of the Council dated 6/2/2003.

Definitions

ARTICLE 4 - (1) For the purposes of this Regulation;

Peak sound pressure (Ppeak): the peak value of the C-frequency-weighted instantaneous noise pressure,
Daily noise exposure level (LEX, 8h) [dB(A) re. 20 uPa]: the time-weighted average of all A-weighted noise exposure levels for a working day of eight hours, including the peak sound pressure and instantaneous impulsive noise, as defined in the standard TS 2607 ISO 1999,
Weekly noise exposure level (LEX, 8h): the time-weighted average of the A-weighted daily noise exposure levels for a week consisting of five working days of eight hours each, as defined in the standard TS 2607 ISO 1999,
Law: the Occupational Health and Safety Law No. 6331,

shall mean as set out above.

PART TWO

Exposure Values and Obligations of Employers

Exposure action values and exposure limit values

ARTICLE 5 - (1) For the purposes of this Regulation, the exposure action values and the exposure limit values are given below:

Lower exposure action values: (LEX, 8h) = 80 dB(A) or (Ppeak) = 112 Pa [135 dB(C) re. 20 uPa] (the value calculated as 135 dB(C) when 20 uPa is taken as reference).
Upper exposure action values: (LEX, 8h) = 85 dB(A) or (Ppeak) = 140 Pa [137 dB(C) re. 20 uPa].
Exposure limit values: (LEX, 8h) = 87 dB(A) or (Ppeak) = 200 Pa [140 dB(C) re. 20 uPa].

(2) When applying the exposure limit values, the protective effect of the personal hearing protectors used by the worker is also taken into account in determining the worker's exposure.

(3) The effect of hearing protectors is not taken into account in the exposure action values.

(4) In work where it is conclusively determined that the daily noise exposure varies markedly from day to day, the weekly noise exposure level may be used instead of the daily noise exposure level in applying the exposure limit values and the exposure action values. In such work;

The weekly noise exposure level determined by adequate measurement may not exceed the exposure limit value of 87 dB(A).
Appropriate measures are taken to minimize the risks associated with such work.

Determination of exposure

ARTICLE 6 - (1) The employer addresses the noise level to which workers are exposed in the risk assessment carried out at the workplace, and, where necessary based on the results of the risk assessment, determines the exposure by having noise measurements carried out.

(2) The methods and instruments to be used in noise measurement;

shall be suitable for the existing conditions, taking into account in particular the nature of the noise to be measured, the duration of exposure, environmental factors and the characteristics of the measuring instrument.
shall make it possible to determine parameters such as the noise exposure level and sound pressure, and to decide whether the exposure limit values and exposure action values specified in Article 5 are exceeded.
shall indicate the personal exposure of the worker.

(3) The results of the assessment and measurement are kept in an appropriate manner so that they can be used when necessary and shown when requested during inspections by labour inspectors.

Assessment of risks

ARTICLE 7 - (1) When assessing the risks that may arise from noise in the risk assessment carried out at the workplace in accordance with the Occupational Health and Safety Risk Assessment Regulation published in the Official Gazette No. 28512 dated 29/12/2012, the employer pays particular attention to;

the type, level and duration of exposure, including exposure to instantaneous impulsive noise,
the exposure limit values and the exposure action values,
the effects on the health and safety of all workers, in particular groups requiring special policy and women workers,
where technically achievable, the effect on the health and safety of workers of interactions between work-related ototoxic substances and noise, and between vibration and noise,
the indirect effect on the health and safety of workers of the interaction between noise and warning signals or other sounds used to reduce the risk of accidents that must be perceived by workers,
the information provided by manufacturers about the noise emission of work equipment in accordance with the relevant legislation,
whether alternative work equipment that reduces noise emission is available,
whether exposure to noise continues beyond normal working hours under the responsibility of the employer,
the up-to-date information obtained from health surveillance,
whether hearing protectors that can provide adequate protection are available,

shall be given particular importance.

Prevention and reduction of exposure

ARTICLE 8 - (1) Taking into account the controllability of risks at source and technical developments, the employer ensures that the risks arising from exposure to noise are eliminated at source or reduced to a minimum, and determines which measures are to be taken in accordance with Articles 8, 9, 10 and 11.

(2) In preventing or reducing exposure, the employer complies with the principles of protection from risks set out in Article 5 of the Law and, in particular, takes into account;

the selection of other working methods involving less exposure to noise,
the selection of appropriate work equipment that emits the lowest possible level of noise for the work to be carried out,
the appropriate design and layout of the workplace and work areas,
the provision of the necessary information and training to workers so that they use the work equipment correctly and safely,
the reduction of noise by technical means and, for this purpose: the reduction of airborne noise by methods such as shielding, enclosure, sound-absorbing covers and the like; the reduction of noise transmitted through structural elements by methods such as insulation, damping and the like,
the implementation of appropriate maintenance programmes for the workplace, workplace systems and work equipment,
the reduction of noise through work organization and, for this purpose: limiting the duration and level of exposure; organizing working times with adequate rest periods.

(3) Where it is determined that the upper exposure action values are exceeded at the workplace, the employer;

draws up and implements an action plan containing technical or work-organization measures to reduce exposure to noise, also taking into account the measures specified in this Article.
appropriately marks the work areas where workers are exposed to noise. By delimiting the marked areas, the employer ensures, where technically possible, that access to these areas is controlled.

(4) The employer ensures that the noise level in areas set aside for the rest of workers is suitable for the conditions of use and the purpose of these areas.

(5) The employer ensures that the measures to be taken under this Regulation are suitable for the situation of groups requiring special policy and women workers in accordance with Article 10 of the Law.

Personal protection

ARTICLE 9 - (1) If the risks that may arise from exposure to noise cannot be prevented by the measures specified in Article 8, the employer;

makes hearing protective equipment available for use by workers when the worker's exposure to noise exceeds the lower exposure action values specified in Article 5.
ensures and supervises the use of hearing protective equipment by workers when the worker's exposure to noise reaches or exceeds the upper exposure action values specified in Article 5.
makes every effort to ensure that hearing protective equipment is used and checks the effectiveness of the personal protection measures taken pursuant to this Article.

(2) The hearing protective equipment provided by the employer;

shall comply with the provisions of the Regulation on the Use of Personal Protective Equipment at Workplaces published in the Official Gazette No. 28695 dated 2/7/2013 and the Personal Protective Equipment Regulation published in the Official Gazette No. 26361 dated 29/11/2006.
shall be selected so as to eliminate or minimize the risk related to hearing.
shall be used and maintained correctly by workers.
shall fit the worker properly.
shall be provided to the worker on a personal basis where hygiene conditions so require.

Limitation of exposure

ARTICLE 10 - (1) The worker's exposure may under no circumstances exceed the exposure limit values. In cases where it is determined that the exposure limit values specified in Article 5 have been exceeded despite the application of all the control measures set out in this Regulation, the employer;

immediately takes the necessary measures to bring the exposure below the limit values.
determines the reasons for the exceedance of the exposure limit values and, in order to prevent its recurrence, reviews and reorganizes the protective and preventive measures.

Information and training of workers

ARTICLE 11 - (1) The employer ensures that workers exposed at the workplace to noise equal to or above the lower exposure action values specified in Article 5, or their representatives, are informed and trained in relation to noise exposure and, in particular, on;

the risks that may arise from noise,
the measures taken to prevent or minimize the risks that may arise from noise and the conditions under which these measures will apply,
the exposure limit values and exposure action values specified in Article 5,
the assessment of the risks that may arise from noise and the results of the noise measurement, together with their significance,
the correct use of hearing protectors,
how and why the detection and reporting of noise-related hearing loss at the workplace will be carried out,
in accordance with the relevant legislative provisions to be issued by the Ministry on health surveillance and with Article 13, under what conditions workers will be subject to health surveillance and the purpose of health surveillance,
safe working practices that minimize noise exposure,

on these matters.

Consultation and participation of workers

ARTICLE 12 - (1) The employer consults workers or their representatives and ensures their participation on the matters covered by this Regulation and, in particular, on;

the risk assessment to be carried out in accordance with Article 7,
the determination of the measures to be taken to eliminate or reduce risks in accordance with Article 8 and the measures to be applied,
the selection of the hearing protectors specified in Article 9,

on these matters.

Health surveillance

ARTICLE 13 - (1) For the purpose of early diagnosis of any noise-related hearing loss and the protection of workers' hearing ability;

a) The employer ensures that workers are subject to health surveillance at regular intervals to be determined by the workplace physician: where necessary in accordance with Article 15 of the Law; where deemed necessary based on the results of the risk assessment carried out at the workplace.
For workers exposed to noise exceeding the upper exposure action values specified in Article 5, hearing tests are carried out by the employer.
Where the results of the risk assessment and measurement indicate a health risk, hearing tests may also be carried out for workers exposed to noise exceeding the lower exposure action values specified in Article 5.

(2) Where, as a result of health surveillance related to hearing, it is determined that the hearing loss detected in the worker was caused by work-related noise;

the worker is informed by the workplace physician about the results relating to him.
the employer: reviews the risk assessment carried out at the workplace; reviews the measures taken to prevent or reduce risks; applies the measures deemed necessary, such as assigning the worker to other work where he will not be exposed to noise, in order to prevent or reduce risks; ensures that the health condition of other workers similarly exposed to noise is reviewed and that they are subject to regular health surveillance.

PART THREE

Miscellaneous and Final Provisions

Repealed regulation

ARTICLE 14 - (1) The Noise Regulation published in the Official Gazette No. 25325 dated 23/12/2003 has been repealed.

Entry into force

ARTICLE 15 - (1) This Regulation enters into force on the date of its publication.

Execution

ARTICLE 16 - (1) The provisions of this Regulation are executed by the Minister of Labour and Social Security.