Guidance

MGN 658 (M+F) Amendment 1 The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007

Published 18 September 2025

Summary

This notice provides guidance on the requirements for the protection of seafarers, fishermen and workers from the risks related to exposure to noise at work according to the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 which came into force on 23 February 2008. 

It should not however be regarded as definitive. The way these Regulations apply to any particular case can vary according to circumstances and from vessel to vessel. Each shipowner, fishing vessel owner and employer should therefore assess how the requirements of these Regulations apply to the specific circumstances of each vessel and introduce measures to implement those requirements accordingly. 

Information contained in this notice reflects the Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations (S.I. 2014/1616) (“the MLC Health and Safety amendments”) and the Merchant Shipping (Work in Fishing Convention) (Consequential and Minor Amendments) Regulations (S.I. 2018/1109) (the “Work in Fishing Consequential Amendments”). 

The two sets of amendments extend the duties to protect “workers” in health and safety legislation so that they protect all seafarers and fishermen, regardless of their employment status, and duties on employers also apply to shipowners and fishing vessel owners. References in this notice are therefore “shipowners and employers” and “seafarers and other workers.” In this notice, “shipowner” includes “fishing vessel owner”, and “seafarer” includes “fisherman”.  

1. Introduction

1.1 The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (SI 2007/3075) (the “Noise Regulations”) implemented EC Directive 2003/10/EC, which    is now retained in UK law. The Noise Regulations introduced requirements for the protection of workers from the risks related to exposure to noise at work. The Noise Regulations build on the Merchant Shipping and Fishing (Health and Safety at Work) Regulations 1997 (SI 1997/2962), as amended, (the “General Duties” Regulations), by requiring that risk assessment under the General Duties Regulations considers the risks to workers of exposure to noise.

1.2 The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 provide protection to Seafarers and workers on ships, fishing vessels and other marine craft including those on inland waters and yachts with paid crew. The Noise Regulations are broadly equivalent to The Control of Noise at Work Regulations 2005. The Health and Safety Executive have provided useful information about noise and key facts http://www.hse.gov.uk/noise/keyfacts.htm

1.3 The first part of this Marine Guidance Note provides a summary of the main provisions of the Noise Regulations. Annex 1 provides further guidance on the application of the Noise Regulations.

2. Main provisions of the Noise Regulations - Application (Regulation 4)

2.1 Regulation 4(2) provides for a limited derogation from the requirements of the Noise Regulations for vessels being used in the course of public service activities or activities for the purpose of civil protection services where because of characteristics peculiar to those activities full compliance with the Noise Regulations is not possible.

2.2 For the purposes of the derogation referred to in paragraph 2.1 above the Regulations define “civil protection services” as including the fire and rescue and ambulance services and search and rescue services provided by any other person. This derogation will also apply to any vessel engaged in search and rescue activities when answering a distress call or when requested to do so by HM Coastguard or the appropriate authority of another state.

2.3 Similarly for the purposes of the derogation referred to in paragraph 2.1 above the Regulations define “public service activities” as including the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services. This derogation will also apply to any vessel engaged in matters relating to national security whether or not it is directly operated by or under the control of the security services. This derogation does not apply to ferries whether operated by a public body or not.

2.4 The derogations referred to in paragraphs 2.2 and 2.3 above only apply to the specific provision, or part thereof, where compliance is not possible because of the activity being carried out and only for the length of time when compliance is not possible. All other provisions are to be complied with in full and even for those provisions where full compliance is not possible the shipowner and employer must ensure that the health and safety of seafarers and workers who are or who are likely to be exposed to risks from noise as a result is protected so far as is reasonably practicable.

3. Noise Exposure Action Values and Limit Values (Regulation 5)

1. 3.1 The Noise Regulations set lower and upper exposure action values and exposure limit values as follows:

   1. (i) lower exposure action values –

      1. (a) a daily or weekly personal noise exposure of 80dB (A-weighted); and

      2. (b) a peak sound pressure of 135 dB(C-weighted) 

   2. (ii) upper exposure action values –

      1. (a) a daily or weekly personal noise exposure of 85dB (A-weighted); and  

      2. (b) a peak sound pressure of 137 dB(C-weighted)

   3. (iii)      exposure limit values –  

      1. (a) a daily or weekly personal noise exposure of 87dB (A-weighted); and  

      2. (b) a peak sound pressure of 140 dB(C-weighted) 

3.1.1 The two exposure action values are levels of ‘daily or weekly personal exposure to noise’. These depend on the noise levels in the working area and how long people are exposed to the noise. The exposure action values take account of noise exposure over the whole working day or shift.

3.2 When applying the lower and upper exposure action values, no account is to be taken of attenuation provided by individual hearing protectors worn by the seafarer or worker. In the case of exposure limit values; account may be taken of attenuation provided by individual hearing protectors worn by the seafarer or worker.

4. Assessment of Risks (Regulation 6)

4.1 The shipowner and employer’s risk assessment should –

• determine whether the exposure action values and the exposure limit values are exceeded;

• identify the seafarer and workers at risk from hearing damage (so an action plan to control noise exposure can be prepared);

• determine the daily/weekly personal noise exposure of seafarers and workers;

• identify additional information to comply with the legislation, e.g. whether noise control measures or hearing protection are needed, and, if so, where and what type.

• keep a record of the noise assessment;

• regularly review the noise assessment whenever there is a change in the work being undertaken or when new equipment is introduced which may alter noise levels. It is however good practice to review the assessment every two years, as noise levels can change over time as, for example, machinery wears out or working practices change; and

• use the assessment to develop an action plan for introducing noise control measures.

5. Elimination or Control of Exposure to Noise (Regulation 7)

5.1 The shipowner and employer is required to ensure that the risks arising from exposure to noise identified by the risk assessment are either eliminated or reduced as far as reasonably practicable. If the risk assessment show that the upper exposure action values are exceeded, the shipowner and employer must establish and implement a programme of measures to reduce the exposure to noise. The measurement of the noise levels in such circumstances must not take account of the wearing of personal hearing protectors.

5.2 The exposure limit value is an absolute limit and seafarers and workers must not work where noise exposure exceeds this level. In applying the absolute limit, the shipowners and employers may take account of the effective reduction provided by any individual hearing protectors worn by the seafarer or worker. If despite the measures required to be taken by the Noise Regulations exposures above the exposure limit values are detected, the shipowner and employer must:

(a) take immediate action to reduce the exposure to below the exposure limit values; 

(b) identify the reasons why overexposure has occurred; and 

(c) amend the protection and prevention measures in order to avoid any recurrence. 

 6. Hearing Protection (Regulation 8)

6.1 Personal hearing protectors are to be made available to any seafarer and worker who is likely to be exposed to noise above a lower exposure action value. In so far as possible, shipowners and employers should ensure that seafarers and workers exposed to noise at or above the upper exposure action value wear their hearing protectors, and that areas where such protectors should be worn are clearly demarcated and signed. 

6.2 Hearing protection should conform to the requirements of the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 (SI 1999/2205) and Merchant Shipping Notice - MSN 1870 Amendment 1 and signs should conform to the requirements of the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001 (SI 2001/3444) and Merchant Guidance Note – MGN 556. In determining whether exposure action values are exceeded account may not be taken of any reduction provided by any individual hearing protectors worn by the seafarer or worker. 

6.3 It should be noted that the noise attenuation effects of “ear muff” type personal hearing protectors may be reduced if the seafarer or worker wearing them is also wearing glasses. In such circumstances the shipowner and employer may wish to consider whether other forms of hearing protection might be more appropriate.

7. Worker information and training (Regulation 9)

7.1 Shipowners and employers are also responsible for providing seafarers and workers with sufficient information and training to ensure that they are aware of potential risks to health from exposure to noise. 

Such information and training is to include – 

• the nature of such risks;

• details of the measures taken in order to eliminate or reduce to a minimum the risks from noise;

• the exposure limit values and the exposure action values;

• the results of the risk assessment carried out;

• the correct use of hearing protectors - including use when wearing glasses;

• the circumstances in which seafarers and workers are entitled to health surveillance under these Regulations;

• safe working practices to minimise exposure to mechanical vibration;

• how to detect and report signs of injury; and

• the importance of detecting and reporting signs of injury.

8. Health Surveillance and Record Keeping (Regulation 10) 

8.1 If the risk assessment identifies a risk from exposure to noise, the shipowner and employer is required to provide health surveillance. 

8.2 Regulation 22 specifically prohibits any costs, incurred as a result of compliance with any provision of the Noise Regulations, being charged to any seafarer and worker. 

9. Consultation with seafarers and workers (Regulation 11)

9.1 There must be consultation with seafarers and workers and their representatives on matters covered by the Noise Regulations and in particular on; 

(a) the assessment of risks; 

(b) measures taken to eliminate or reduce risks arising from exposure to noise; and 

(c) the choice of individual hearing protectors to be provided by the employer. 

 10. Persons on whom duties are imposed (Regulation 12)

10.1 It is the duty of every shipowner and employer, and any other person on whom a duty is imposed by the Noise Regulations to comply with the relevant provisions of those Regulations. 

10.2 Where any duty under the Noise Regulations is imposed on individuals who do not have responsibility for the operation of the ship, such duty is extended to “any person who does have control of the matter to which the Regulation in question relates”, which may be a particular shipowner, employer or employers or some other party. 

10.3 In addition to the responsibility placed on the shipowner(s) and employer(s) there is a responsibility placed on every seafarer and worker to which the Regulations apply to make full and proper use of all protective equipment provided by the shipowner and employer, and to give effect to all instruction and training with which the seafarer and worker has been provided. 

11. Exemptions (Regulation 13) 

11.1 There is very limited scope for the Secretary of State (in practice MCA) to grant exemptions from compliance with the requirements of regulations 7(4) and (5) and 8(1) and (2) of the Noise Regulations, following consultation with the shipowner and employer, seafarers and workers or their representatives, and medical bodies as appropriate. 

11.2 Applications for the issue of an exemption certificate will need to provide detailed justification of the need for the exemption and set out the specific circumstances that would render compliance with the requirements of regulations 7(4), 7(5), 8(1) or 8(2), as appropriate, more hazardous than not using personal hearing protectors. 

11.3 Any exemptions issued will be ship specific, in writing and limited to a maximum period of 4 years. However, they may be withdrawn at any time if they are no longer justified. See MGN 447 (M+F) Amendment 1 Merchant Shipping and Fishing Vessel (Control of Noise at Work) Regulations 1997 Procedure for Seeking Exemptions. 

12. Offences and penalties (Regulations 14 - 16)

12.1 Regulations 14 to 16 are the enforcement provisions; any contravention of the Noise Regulations is an offence. There is also provision for corporate offences and where any proceedings are instituted for an offence under the Noise Vibrations which consists of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it will be for the defendant to prove that compliance with that duty or requirement was not reasonably practicable.

13. Calculation of daily and weekly personal noise exposure levels and peak sound pressure levels

13.1 Annex 3 sets out the formulae to be used for the calculation of daily and weekly personal noise exposure levels and peak sound pressure levels. This information is primarily included for use by consultants or other persons who need to ascertain the various levels to which seafarers and workers are likely to be exposed. Spreadsheet based models which combine operator work patterns with measured area noise levels to yield information on operator noise exposure levels may also assist in identifying seafarers and workers at greatest risk to be identified and to show which machinery areas are dominant in creating this risk.

14. HSG260 Sound advice – control of noise at work in music and entertainment

14.1 The implementation of the Noise Regulations was deferred until 6 April 2008, in relation to noise arising from the provision of music and entertainment on ships, to allow time for practical guidelines to be drawn up to help workers and employers in the music and entertainment sectors meet the requirements of these Regulations. The latest entertainment industry guidance document HSG260 is available on the Health and Safety Executive website;-  https://www.hse.gov.uk/pubns/books/hsg260.htm 

14.2 HSG260 was written to support land-based regulations, The Control of Noise at Work Regulations 2005, however guidance is equally relevant to the provision of music and entertainment on ships, including vessels on inland waterways, although the applicable legislation for ships will be the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 and not the HSE’s Control of Noise at Work Regulations 2005.

15.   The Code of Safe Working Practices for Merchant Seafarers (COSWP) (“the Code”)

15.1 Chapter 12 contains the latest guidance created with the collaboration of representatives within the shipping industry. See 12.1-12.8 for guidance on noise risks and mitigation, and 12.9 in respect of noise arising from music and entertainment. Details on acquiring a copy of “the Code” can be found on www.gov.uk 

More information

Seafarer Safety and Health Branch
Maritime and Coastguard Agency
Bay 2/17
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Telephone: +44 (0)203 8172250

Email: seafarersafety@mcga.gov.uk

Website: www.gov.uk/mca

General enquiries: infoline@mcga.gov.uk

Please note that all addresses and telephone numbers are correct at time of publishing.