I regularly have music at my premises, provided by either bands or discos. One of my bar staff is complaining that the music is too loud, but my customers like the level that it is played at. What can I do?
These types of situations are covered by the Noise at Work Regulations 1989. These provide that the employer has to take certain steps to ensure that their employees are not exposed to noise above certain limits.
The regulations provide that an assessment should be carried out to assess the employees daily exposure to noise. The assessment should be carried out by a competent person, such as a noise expert. Records should be kept of the noise assessment.
If an employee is exposed to noise between 85 and 90 decibels, then the employer must provide ear protection if the employee asks for it. If the noise exposure is above 90 decibels then the employer must take steps to reduce that employee's exposure to the noise by methods in addition to providing ear protection. This can be difficult to achieve in practice, but there are steps that can be taken, such as rotating staff so that they are working in different areas at different times. You should also allow staff time to be in quiet areas if at all possible.
It is important that your staff are given some training about exposure to noise, so that they are aware that they can ask for ear protectors if required, or for a short break from the noise. You should also keep records of the training given, so that it can be produced to the Environmental Health Officer, if required.