Saturday, October 19, 2019

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Noise Regulation


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Purpose, Scope, Basis and Definitions
Goal
Article 1 - The purpose of this Regulation is to protect the health and safety risks from the exposure of workers to noise,



measures to be taken to protect them.
Without prejudice to the more stringent and specific measures specified in this Regulation, the provisions of the Occupational Health and Safety Regulation shall also apply.
Scope
Article 2 - This Regulation shall be applied in all establishments covered by the Labor Law No. 4857 dated 22/5/2003.
Rest
Article 3 - This Regulation is regulated in accordance with Article 78 of the Labor Law No. 4857.
Definitions
Article 4 - In this Regulation;
a) Highest sound pressure (Ppeak): “C” - the maximum value of the frequency-weighted instantaneous noise pressure,
b) Daily noise exposure level (LEX, 8 hours) (dB (A) re.20 µPa): Time of all noise exposure levels, including instant pulsed noise, as defined in TSE 2607 ISO 1999: 1990 weighted average,
c) Weekly noise exposure level (LEX, 8h): Time-weighted average of daily noise exposure levels for a week consisting of five working days of eight hours, as defined in TSE 2607 ISO 1999: 1990,
d) Ministry: The Ministry of Labor and Social Security,
refers to.
SECOND PART
Obligations of Employers

Exposure Limit Values ​​and Exposure Effective Values
Article 5 - Exposure limit values ​​and exposure effective values ​​are as follows:
a) For the purposes of the implementation of this Regulation, daily noise exposure levels and exposure limit values ​​and exposure effective values ​​in terms of maximum sound pressure are given below;
1) Exposure limit values: LEX, 8h = 87 dB (A) and Ppeak = 200 µ Pai
2) Highest exposure effective values: LEX, 8h = 85 dB (A) and Ppeak = 140 µ Paii
3) Lowest exposure effective values: LEX, 8h = 80 dB (A) and Ppeak = 112 µ Paiii
b) In determining the exposure that affects the worker, the exposure limit value shall be applied considering the protective effect of the personal ear protectors used by the worker. The effect of ear protectors will not be taken into account in the exposure effective values.
c) Weekly exposure values ​​may be used instead of daily exposure values ​​for the application of the exposure limit values ​​and exposure effective values ​​provided that the following conditions are complied with and where the daily noise exposure is determined to be significantly different from day to day:
1) The weekly noise exposure level determined by adequate measurement shall not exceed the exposure limit value of 87 dB (A).
2) Adequate measures shall be taken to minimize the risks in these works.
THIRD PART

Obligations of Employers

Identification and Assessment of Risks
Article 6 - In determining and evaluating the risks arising from noise in the workplace;
a) The Employer shall evaluate the noise level to which the workers are exposed and, if necessary, measure noise, while fulfilling the obligations specified in Article 6 (c) and Article 9 (a) of the Occupational Health and Safety Regulation.
b) The methods and devices used shall be appropriate to the present conditions, in particular the characteristics of the noise to be measured, the duration of exposure and the environmental factors.
These methods and devices shall enable the determination of the parameters defined in Article 4 of this Regulation and the determination of whether the values ​​specified in Article 5 are exceeded.
c) The noise measurement method used shall be such as to indicate the personal exposure of a worker.
d) The evaluations and measurements mentioned in paragraph (a) above shall be planned by the experts taking into account the provisions of Article 7 of the Occupational Health and Safety Regulation and shall be carried out at appropriate intervals.
The assessment of the noise exposure level and the measurement results will be appropriately stored so that it can be reassessed at a later time.
e) Measurement errors due to measurement applications shall be taken into account when evaluating the measurement results.
f) The employer shall pay special attention to the following issues in the risk assessment to be carried out in accordance with Article 6 (c) of the Occupational Health and Safety Regulation:
1) the level, type and duration of exposure, including exposure to pulsed noise,
2) Exposure limit values ​​and exposure effective values ​​specified in Article 5 of this Regulation,
3) Impacts on the health and safety of workers, particularly those in vulnerable risk groups,
4) Technically, if possible, the interactions of noise and work-related ototoxic substances or the interactions between noise and vibration on the health and safety of the worker,
5) the indirect effect of the interaction of noise and warning signals and other sounds, which are used to reduce the risk of accidents and which should be perceived by workers, in terms of workers' health and safety,
6) Information provided by manufacturers in accordance with the relevant legislation on noise emissions of work equipment,
7) Whether there is an alternative work equipment with less noise emission,
8) Whether the exposure to noise continues outside normal working hours under the responsibility of the employer,
9) All information obtained from health surveillance, including the most recently published, if possible,
10) Whether there are ear protectors that can provide adequate protection.
g) The employer shall undertake the risk assessment in accordance with the subparagraph (1) of article (a) of Article 9 of the Occupational Health and Safety Regulation and define which measures should be taken in accordance with Articles 5, 6, 7 and 8 of the same Regulation. Records of risk assessment shall be maintained and maintained in accordance with applicable legislation. The risk assessment will be re-conducted regularly and whenever there is a significant change or if the results of health surveillance require it.

Prevention or Reduction of Noise Exposure
Article 7 - In order to prevent or reduce the exposure caused by noise;
a) The risks arising from exposure to noise shall be eliminated or minimized at the source by taking appropriate measures in accordance with technical developments.
In order to reduce the risks arising from noise, the general principles stated in Article 6 (b) of the Occupational Health and Safety Regulation will be followed and in particular;
1) Choosing other working methods where exposure to noise is less,
2) Taking into account the work done, selecting the appropriate work equipment emitting the lowest possible level of noise,
3) Design and arrangement of the workplace and places of work,
4) To give the necessary information and training to the workers in order to use the work equipment in a correct and safe way where they will be exposed to the least noise,
5) To reduce noise by technical means;
- Reduce airborne noise by shielding, closing, noise-absorbing covers and similar methods,
- To reduce the noise caused by the building by means of insulation and similar methods,
6) Implementing appropriate maintenance programs for the workplace, work systems and work equipment,
7) With a work organization that will reduce noise;
- Limit exposure time and noise level,
- Arrangement of working periods by giving sufficient rest intervals,

measures will be taken.
b) In the case of a risk assessment in accordance with Article 5 of this Regulation, if it is determined that the maximum exposure effective values ​​are exceeded, the employer shall establish a technical and / or organizational program of measures to reduce exposure to noise, taking into account the measures specified in (a) above; and will apply.
c) According to the risk assessment carried out in accordance with Article 5 of this Regulation, workplaces where workers may be exposed to noise exceeding the maximum exposure effective values ​​shall be marked accordingly. In addition, the boundaries of these areas will be determined and if technically possible, access to these areas will be controlled.
d) The noise level in the places reserved for the rest of the workers shall be suitable for the purpose of use of these places.
e) The employer shall take the necessary measures to protect vulnerable risk groups such as women, children, the elderly and the disabled in accordance with Article 15 of the Occupational Health and Safety Regulation.

Personal Protection
Article 8 - The risks arising from exposure to noise cannot be prevented by other means;
a) In accordance with the provisions of Article 13 (b) of the Occupational Health and Safety Regulation and the Regulation on the Use of Personal Protective Equipment at Workplaces and in the following conditions, workers shall be provided with ear protectors that fully comply with the person and shall be used by the workers:
1) When the noise exposure exceeds the minimum exposure effective values, the employer shall provide ear protectors and keep them ready for use by the workers,
2) When the noise exposure reaches or exceeds the highest exposure effective values, ear protectors will be used,
3) Ear protectors shall be selected in such a way as to eliminate or minimize the risk of hearing.
b) The employer shall make every effort to ensure the use of ear protectors and shall be responsible for monitoring the effectiveness of the measures taken.

Noise Exposure Limitation
Article 9 - Under no circumstances shall the exposure of the worker exceed the exposure limit values ​​as set out in paragraph (b) of Article 5 of this Regulation.
In spite of all the measures specified in this Regulation, the exposure limit values ​​are determined to be exceeded, the employer;
a) Immediately do what is necessary to reduce the exposure to below the exposure limit values,
b) identify reasons for exceeding exposure limit values ​​and
c) Take measures for protection and prevention in order to prevent it from recurring.
Informing and Training of Workers
Article 10 - The employer shall ensure that workers and / or their representatives who are exposed to noise at the lowest exposure effective value or above are informed and trained in relation to noise exposure and in particular in the following matters, together with the issues specified in Articles 10 and 12 of the Occupational Health and Safety Regulation. :
a) Risks arising from exposure to noise,
b) The measures taken to implement the provisions of this Regulation in order to prevent or minimize the risks arising from noise and the conditions under which such measures shall be applied,
c) Exposure limit values ​​and exposure effective values ​​specified in Article 5 of this Regulation,
d) The results of the assessment and noise measurement carried out in accordance with Article 6 of this Regulation and their importance and potential risks,
e) Proper use of ear protectors,
f) Why and how the symptoms of hearing loss are identified and reported,
g) The conditions under which the workers shall be subjected to health supervision and the purpose of health supervision, in accordance with Article 12 of this Regulation,

h) Safe working practices to minimize noise exposure.
Providing Consultation and Participation to Workers
Article 11 - In accordance with Article 11 of the Occupational Health and Safety Regulation, the workers and / or their representatives shall be consulted and ensured that the issues covered by this Regulation and in particular the following matters:
a) In the assessment of risks and defining the measures to be taken as specified in Article 6 of this Regulation,
b) To take the measures specified in Article 7 of this Regulation aiming to eliminate or reduce the risks arising from noise,
c) in the selection of ear protectors as specified in sub-paragraph 3 (a) of Article 8 of this Regulation.
SECTION FOUR
Miscellaneous Provisions
Health Surveillance
Article 12 - Workers shall be subjected to health surveillance considering the following:
a) The workers shall be subjected to appropriate health supervision if it is found out that there is a health risk as a result of the risk assessment made in accordance with the paragraph (a) of Article 6 of this Regulation.
b) A worker who is exposed to noise exceeding the maximum exposure effective values ​​has the right to require a hearing test by a physician or other specialist under the responsibility of the physician. Where assessment and measurement results stipulated in Article 6 of this Regulation indicate that there is a health risk, hearing tests shall also be performed for workers exposed to noise exceeding the minimum exposure effective values. The aim of these tests is to make early diagnosis of any hearing loss due to noise and to protect hearing function.
c) Personal health records of each worker shall be maintained and updated in relation to the health surveillance performed in accordance with paragraphs (a) and (b) above. Health records will include a summary of health surveillance. These records shall be kept on a confidential basis and subject to review.
Copies of these records shall be provided upon request by the competent authorities. Every worker will have access to the records of his choice.
d) When hearing loss is detected in the worker as a result of the health surveillance related to hearing, a physician or a specialist deemed appropriate by the physician will evaluate whether the hearing loss is related to the noise exposure. If hearing loss is due to noise;
1) The worker shall be informed by the physician or other qualified person about the results of the work.
2) Employer;
i) review the risk assessment made in accordance with Article 6 of the Regulation.
ii) review the measures taken in accordance with Articles 7 and 8 of the Regulation to prevent or reduce risks.
iii) In order to prevent or mitigate risks, it shall take into account the recommendations of occupational health experts or other appropriate qualified persons or competent authorities when applying the measures required by Articles 7 and 8 of the Regulation, including the assignment of the worker to another job, where the worker shall not be exposed to noise.
iv) will also conduct regular health surveillance to review the health status of workers who are similarly exposed.



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