Ordinance On Protection Against Noise Exposure On Offshore Structures, Etc.

Original Language Title: Bekendtgørelse om beskyttelse mod støjbelastning på offshoreanlæg m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115680

Ordinance on protection against noise exposure on offshore structures, etc. 1)

Pursuant to article 3, paragraphs 3 and 5, sections 43, 44 and 55 and section 72, paragraph 1, of the lov nr. 1424 of 21. December 2005 on security, etc. for offshore structures for exploration, production and transportation of hydrocarbons (offshoresikkerhedslov), as amended by Act No. 107 of 7. February 2007, fixed in accordance with the authorization given pursuant to section 61 (3):

Scope and definitions

§ 1. The notice applies to offshore structures, as defined in section 2 of the offshoresikkerhedslovens.

(2). section 1, paragraph 3, section 2, no. 1-8, §§ 3-18, article 19, paragraph 1, no. 1, 4 and 5, and sections 18 and 20-23 also applies to accommodation facilities on ships and facilities covered by the offshoresikkerhedslovens section 3, paragraph 3, and where people who work on an offshore facility, be accommodated, to the extent that it affects the health and safety of the persons accommodated.

(3). The Ordinance include conditions on offshore structures, where the employees are exposed or likely to be exposed to noise pollution.

§ 2. In this notice, the term:





1) sound pressure level in decibels: Lp = 10 log (p/p0) 2, where p is the sound pressure level measured in pascal. Referencelydtrykket p0 are 20 µPa, see. ISO 1683:1983.

2) Noise load for a person: The equivalent continuous A-weighted sound pressure level, during the period (T) in dB (A) that the person is exposed to, specifically, LAeq, T, see. ISO 1999:1990.

3) The equivalent continuous A-weighted sound pressure level:, the A-weighted sound pressure level of a constant noise, which has the same energy content as the measured, possibly varying noise, and which is corrected for content of impulses.

4) Noise level: another term for the sound pressure level.

5) The daily personal noise exposure: is calculated as specified in ISO 1999:1990. The calculation shall take into account the actual length of the working day, as on offshore structures are usually 12 hours.

6) Infrasound frequency under Audio: ca. 20 Hz.

7) Ultrasonic: Sound with frequency over 18,000 Hz.

8) personal hearing protection: earplugs, which are assigned to the individual employees for personal use.





General measures against noise pollution

§ 3. Unnecessary noise exposure must be avoided. Noise levels, including the level of infrasound and ultrasound, shall be kept as low as is reasonably practicable, like the acoustic conditions must be satisfactory.

(2). In workrooms, rest areas, etc. to be the noise level is kept as low as is reasonably practicable, on the basis of the individual space function and use. Partitions and slabs shall be adequately soundproofed in order to avoid interference from adjacent spaces. This also applies to the disturbances caused by human activity.

(3). If employees due to the nature of the activity are the use of rest facilities under the responsibility of the employer, noise in these facilities shall be reduced to a level which is compatible with the purpose and the conditions for the use of the facilities.

§ 4. If a reduction of noise pollution is required, this must be done by





1) technical measures, thereby reducing noise emergence, radiance and the spread is prevented or reduced,

2) administrative measures in connection with the organisation of work, where noise reduction cannot be achieved by technical measures or

3) a combination of technical and administrative measures.





§ 5. If the risks arising from noise pollution, cannot be prevented by other means, the employer must provide appropriate, properly fitting individual hearing protectors available to the employees.

(2). The use of hearing protectors shall be made in accordance with the Ordinance on the use of personal protective equipment on offshore structures and on the following conditions:





1) If the staff member's daily personal noise exposure level or the maximum value of the instantaneous, C-weighted sound pressure level exceeds the lower action values laid down in section 10, paragraphs 2 and 3, or if the noise pollution by the way is malicious or highly annoying, the employer must make individual hearing protectors available to the employees.

2) If the staff member's daily personal noise exposure level or the maximum value of the instantaneous, C-weighted sound pressure level exceeds the upper action values laid down in section 10, paragraphs 1 and 3, the employees use personal hearing protection.





(3). Types of hearing protection must be chosen with the assistance of the security organization at the offshore installation.

(4). Having regard to the worker safety and health, it used hearing protection be appropriate for use under the existing conditions at the offshore installation.

(5). The individual hearing protectors shall be selected in such a way as to eliminate the risk of hearing damage or limit the risk therefor to a minimum.

(6). The employer must do its utmost to ensure the use of hearing protectors and shall be responsible for the effectiveness of the measures concerning hearing protection is checked.

§ 6. In connection with the employee's stay on offshore installations should conditions be organised and activities are carried out in such a way that the risk of effects of noise exposure is minimized by the fact that the noise is removed or reduced at source or reduced to a level that is as low as reasonably practicable, in accordance with the principles set out in annex 1 of the Ordinance on the management of health and safety on offshore structures, etc.

§ 7. If the employer believes that the employee may be exposed to risks arising from noise exposure level, the operating company responsible for the product to ensure that the risk assessment in accordance with the Ordinance on the management of health and safety on offshore structures, etc., also contains an assessment and, if necessary, a measurement of the employee's noise exposure level.

(2). Measurement of noise must be carried out under section 18.

(3). As an alternative for measuring noise pollution in other cases can be assessed by means of observation of specific working method and on the basis of information about equipment noise level under the given working conditions.

§ 8. In the preparation of the risk assessment pursuant to section 7 shall be particularly taken into account:





1) Noise exposure, type and duration of exposure, including the load from impulse noise.

2) the limit values and action values for noise exposure, as provided for in section 9, paragraph 1, and article 10, paragraphs 1 to 3.

3) Negative effects on the health and safety of workers belonging to particularly sensitive risk groups.

4) Any effect on the worker safety and health by interactions between noise and work-related ototoxic substances, and between noise and vibrations, in so far as is technically possible.

5) Any indirect effects on worker safety and health of the interactions between noise and warning signals or other sounds to be audible in order to reduce the risk of accidents.

6) information on noise emission provided by the manufacturers of the equipment in accordance with the relevant EU directives.

7) the possibility of using other equipment, which is designed to reduce noise emissions.

8) Noise load after working hours at the activities held on the employer's responsibility, including the noise load during use of the accommodation facilities.

9) The results of occupational health studies, giving rise to the new measures, see. section 17, paragraph 2.

10) existence of hearing protectors with adequate attenuation.





(2). An assessment as referred to in section 7, paragraph 1, may include the employer's justification that the nature and extent of the risk in connection with noise makes a further detailed assessment unnecessary.

Limit values and action values, etc.

§ 9. The limit value for the daily personal noise exposure in a 12-hour daily work period shall be increased to a maximum of energy equivalent A-weighted sound pressure level at 83 dB (A). The limit value for the instantaneous, C-weighted sound pressure is fixed at 130 dB (C). These values must under no circumstances be exceeded, and to be in case of overshoot immediately taken under section 11.

(2). Through the application of the limit values set out in paragraph 1 shall take account of the impact of the employee's use of hearing protectors.

§ 10. The upper operating value of the daily personal noise exposure in a 12-hour daily work period shall be increased to a maximum of energy equivalent A-weighted sound pressure level at 83 dB (A). In case of exceeding of this value shall be taken under section 5, paragraph 2, no. 2, section 12 and section 18, paragraph 1.

(2). The lower operating value of the daily personal noise exposure of a 12-hour daily work period shall be increased to a maximum of energy equivalent A-weighted sound pressure level at 78 dB (A). In case of exceeding this value, measures must be taken in accordance with article 5, paragraph 2, no. 1, section 13 and section 18, paragraph 2.

(3). The upper and the lower value of the instantaneous action, C-weighted sound pressure is fixed at 130 dB (C). In case of exceeding of this value shall be taken under section 5, paragraph 2, sections 12 and 13 and article 18, paragraphs 1 and 2.

(4). For the purposes of action values laid down in paragraphs 1 to 3, no account shall be taken of the impact of the employee's use of hearing protectors.

Measures by exceedance of limit values and action values


§ 11. The employees may under no circumstances be exposed to a noise exposure level that exceeds the limit values set out in section 9, paragraph 1.

(2). Exceeded the limit values set out in section 9, paragraph 1, the employer shall immediately





1) initiate actions that will bring noise pollution below the limit values set out in section 9, paragraph 1,

2) identify the reason why the limit values were exceeded, and

3) take technical and administrative measures to ensure that the excess is not repeated.





§ 12. If the staff member's daily personal noise exposure level or the maximum value of the instantaneous, C-weighted sound pressure levels in excess of the upper action values that are fastsati § 10 (1) and (3) the employer shall investigate the reason as well as plan and take technical and administrative measures so that noise pollution and the associated risks are removed at source or reduced as much as is reasonably practicable. In the selection of measures, the following shall be assigned special attention:





1) other working methods that reduce noise pollution.

2) selection of the appropriate equipment with the lowest possible noise level, taking account of the work to be done.

3) Design and décor of offshore installation and labour seats on this.

4) Appropriate information, instruction and training, so that the equipment is used properly and in a safe manner, so that noise pollution is reduced as much as is reasonably practicable.

5) reducing airborne noise, URf.eks. with the help of guards, inclusions and covers with sound-absorbing material.

6) Reduction of structure-borne noise, URf.eks. by using noise damping or insulation.

7) Appropriate plans for maintenance of offshore installation, equipment, and jobs.

8) limitation of the duration and level of exposure to noise.

9) appropriate work times with sufficient breaks.





§ 13. If the daily personal noise exposure level or the maximum value of the instantaneous, C-weighted sound pressure can be expected to exceed the lower action values laid down in section 10, paragraphs 2 and 3, the operating company responsible for the product ensure that employees, security organization at the offshore installation and any other employers receive adequate information and proper instruction on the potential hearing loss due to noise exposure, including, in particular, :





1) the nature of such risks.

2) The measures taken to eliminate the risk of hearing damage or reduce it as much as it is reasonably practicable, and the circumstances in which these measures shall apply.

3) obligation to comply with preventive and protective measures.

4) limit values and action values set out in section 9, paragraph 1, and article 10, paragraphs 1 to 3.

5) the results of the risk assessments and noise measurements carried out in accordance with sections 7 and 18, as well as an explanation of their significance and potential risks.

6) the correct use of hearing protectors.

7) Why and how signs of hearing damage must be detected and notified.

8) When the staff member is entitled to an occupational medical examination and the purpose of the occupational health investigations in accordance with sections 14 and 16.

9) safe working practices that can limit noise pollution as much as it is reasonably practicable.





Occupational health studies, etc.

§ 14. In cases where the staff member's daily personal noise exposure level or the maximum value of the instantaneous, C-weighted sound pressure level, regardless of the measures taken pursuant to section 12, exceeds the upper action values laid down in section 10 (1) and (3) the employer shall ensure that employees have access to a working medical study, where, among other things. hearing ability is checked.

(2). The occupational health examination be organised and implemented with a view to preventing and combating work-related disorders.

(3). The investigation must be carried out by occupational health clinics or departments including occupational health outpatient clinics, or by other similar experts.

(4). The employer shall ensure that workers who are exposed to a daily personal noise exposure or a maximum value of the instantaneous, C-weighted sound pressure, which exceeds the lower action values laid down in section 10, paragraphs 2 and 3, be given access to preventive, audiometric studies, particularly when reviews and polls under section 7 (1) and (2) indicate a health risk.

§ 15. Any expenses relating to the occupational health examination under section 14 shall be borne by the employer. The employer must ensure that the investigation can be carried out without loss of income for the employees and, as far as possible during working hours.

§ 16. The leading occupational health studies, see. section 14, paragraph 3, submit their results to the Danish Energy Agency and inform the examined employees about the result. This must, on request, be communicated to the employee in writing. The results must not be left to the employer.

(2). The Danish Energy Agency will inform the company if the results of the occupational health examination gives rise to take new measures, including the updating of the risk assessment pursuant to section 7, paragraph 1, continued health examination for employees as well as measures in connection with the work planning and organisation.

Signage

§ 17. At the entrance to room and access to areas with a noise level that is estimated to cause a noise exposure exceeds the upper action values laid down in section 10, paragraphs 1 and 3, it must do so set that hearing protection is mandatory in that particular room or area. Those spaces and areas must also be delimited and access to them restricted where this is technically possible, and the risk of damaging noise exposure so justifies.

(2). At the entrance to room and access to areas with a noise level that is estimated to cause a noise exposure level under the upper action values laid down in section 10, paragraphs 1 and 3, but where noise pollution is estimated to exceed the lower action values laid down in section 10, paragraphs 2 and 3, or is otherwise malicious or highly annoying, it must be indicated by warning signs; that the use of ear protection is recommended.

(3). The employer shall ensure that employees receive the necessary training and instruction in the meaning and application of the above signs.

Measurement of noise

§ 18. The methods and the measuring equipment used must be adapted to the existing conditions, taking particular account of the noise to be measured, exposure duration, the surroundings and the specific nature of measuring equipment.

(2). Methods and measuring equipment must make it possible to determine the sizes, as defined in § 2, nr. 1-5, and determine whether the values laid down in section 9, paragraph 1, and article 10, paragraphs 1 to 3, is exceeded.

(3). The measurements must be carried out by experts, including enterprises, institutions, etc., that are recognised in an EU Member State or an EEA country. After agreement with the DEA can measurements be carried out by the operating company responsible for the product itself.

(4). Assessment and measurement of the noise must be carried out by applying an objective measuring method in accordance with ISO 1999:1990 or an equivalent recognised standard.

Design of offshore structures

§ 19. At the design of new fixed offshore installations or by design of modifications to existing fixed and mobile offshore units, the risk assessment in accordance with the Ordinance on the management of health and safety on offshore structures, etc. appear, by location and choice of noisy equipment, etc., as well as by noise reducing measures, that the noise level at the plant will be as low as is reasonably practicable. Of these must take into account to the function and use of the working space, rest room, etc., partitions and slabs shall be constructed of materials having adequate soundproofing in order to avoid interference from adjacent spaces. In this context, must be conducted noise prediction, which includes calculations of the expected noise level in the affected areas at the facility.

Involvement of employees and documentation

§ 20. The operating company responsible for the product must ensure that the security organization at the offshore installation to be involved in the decision of questions covered by the Ordinance, and in particular:





1) The possibility of individual hearing protectors referred to in § 5.

2) The assessment of risks referred to in section 7, and indication of the measures to be taken.

3) measures as referred to in section 12, in order to eliminate or reduce noise exposure.

4) assessments and noise measurements, as referred to in sections 7 and 18.





(2). In cases where there is not created any security organization, the operating company responsible for the product must ensure that the employees involved in the settlement of matters covered by paragraph 1.


(3). Documentation of the measurements and prædiktioner, which are conducted pursuant to § 7 of the basic regulation. section 18 and section 19, with clear indication of positions, noise levels, noise sources and recommendations regarding possible noise-canceling action, possibly to be found in the documentation of the risk assessment referred to in article 6. Ordinance on the management of health and safety on offshore structures, etc., which must be available for the security organization and the other employees of the offshore installation.

Dispensation, punishment and the entry into force of

§ 21. The DEA may, where special circumstances exist, grant derogations from the order, when it is deemed reasonable and defensible, as well as safety and health, in so far as it is compatible with Directive 2003/10/EC of 6 May 2003. February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC).

§ 22. Unless a higher penalty is inflicted for offshoresikkerhedsloven or other legislation, is punishable by a fine anyone who violates sections 3-7, section 8, paragraph 1, §§ 9-15, section 16 (1) or § § 17-20.

(2). For violation of the provisions of paragraph 1, within the framework of offshoresikkerhedslovens § 71 imposed on an employer responsibility, even though the infringement fines not attributable to the employer as the intentional or negligent. It is a condition of fine responsibility that the infringement attributable to one or more persons related to the company or the company as such. For such fine liability determined no alternative custodial penalty.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 23. The notice shall enter into force on the 1. June 2008.
The Danish Energy Authority, the 15. May 2008 Ib L/Henrik Andersen Official notes 1) Ordinance contains provisions implementing parts of a European Parliament and Council Directive 2003/10/EC of 6 May 2003. February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive within the meaning of article 16 (1) of Directive 89/391/EEC) (Official Journal of the European Union 2003 nr. L 042, page 38), as amended by European Parliament and Council Directive 2007/30/EC of 20. June 2007, the official journal of the European Union 2007 (nr. L 165, page 21).