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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002 aims to protect workers and the public from excessive noise levels on construction sites and open sites in Scotland. The Order requires employers and site managers to follow the codes of practice for controlling noise outlined in the Control of Noise at Work Regulations 2005, which includes measures such as noise assessments, implementing noise control measures, providing hearing protection, and carrying out health surveillance.
The codes of practice apply to all construction and open sites in Scotland, regardless of their size or location. The regulations apply to both employers and self-employed individuals working on the site, and require them to assess and control noise levels to ensure that they do not exceed legal limits and cause harm to workers or the public.
The Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002 requires employers and site managers to conduct a noise assessment to determine whether noise levels on their construction or open site are likely to exceed the legal limits set out in the Control of Noise at Work Regulations 2005. This assessment must be carried out by a competent person and should be based on accurate and reliable data.
Employers and site managers must also implement noise control measures to reduce noise levels on their site wherever reasonably practicable. This may include measures such as noise barriers, mufflers, and limiting the use of noisy equipment or processes.
In addition, employers and site managers must provide hearing protection to workers where noise levels cannot be adequately controlled through other means. This includes providing information and training on the proper use and maintenance of hearing protection equipment.
Finally, the Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002 requires employers and site managers to carry out regular health surveillance of workers who are exposed to high levels of noise. This includes monitoring workers' hearing and taking appropriate action if hearing loss is detected.
There are no specific exemptions listed in The Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002. However, certain activities or situations may be exempt from the regulations if they fall within the scope of the "entertainment noise exemption" outlined in the Control of Noise at Work Regulations 2005. This exemption applies to noise generated by entertainment activities, such as live music performances or sports events, and is subject to specific conditions and limits on noise levels. In general, any exemption would need to be justified based on the specific circumstances of the activity or situation in question.
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Including our quarterly legal compliance updates that are a great resource for evidence for your ISO audits.