1. Introduction
The Norwegian Maritime Authority (NMA) hereby lays down amendments to the Regulations of 1 January 2005 No. 8 concerning the working environment, health and safety of persons working on board ship (Working Environment Regulations) for the implementation of Resolution MSC.337(91) on protection against noise. These amendments enter into force on 1 July 2014.
The Code on noise levels on board ships (the Code), which is IMO's binding Code on noise levels, applies to new ships of 1,600 gross tonnage and upwards, and replaces Resolution A.468(XII) on noise levels on board ships. The Code was adopted by Resolution MSC.337(91), and is a binding instrument under SOLAS chapter II-1. Some parts of the Code are recommendatory.
A new regulation II-1/3-12 has been added to SOLAS, which enters into force on 1 July 2014 - at the same time as the Code. The regulatory amendments for the implementation of the Code enters into force as from the same date.
The existing Norwegian provisions on noise in the Working Environment Regulations entered into force on 22 February 2006, and were mainly an implementation of Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise). The Working Environment Regulations apply to all Norwegian ships where persons are working on board.
The purpose of the regulatory amendments is to implement the Code, as well as to continue Directive 2003/10/EC. It is also the NMA's intention to clear up any uncertainties regarding the application of the rules on noise for high-speed craft.
The recommendations (the "should" rules) of the Code have not been included in the Regulations in order to avoid stricter requirements for Norwegian ships than stipulated by international law. In the cases where Directive 2003/10/EC have more stringent or other requirements than the Code, these requirements have been included in the Regulations in addition to the requirements of the Code.
The Code and EEA Directive 2003/10/EC are attached in English original version and Norwegian translation.
2. Current law before the regulatory amendment
2.1 Norwegian law
Noise requirements for ships were regulated by chapter 15 of the Working Environment Regulations. The Regulations are laid down pursuant to sections 21 and 22 of the Ship Safety and Security Act. The requirements of the Regulations apply to all types of ships where persons are working on board, as well as to mobile offshore units unless otherwise provided by the Working Environment Act and the Regulations currently in force relating to health, environment and safety in the petroleum activities. Chapter 15 of the Working Environment Regulations were mainly based on Directive 2003/10/EC.
2.2 EEA regulations
EEA Directive 2003/10/EC stipulates minimum requirements for protection of workers against noise, and is applicable to both shore-based activities and ships. The Directive includes rules on noise exposure limit values, risk assessment, noise reduction by technical means and personal protective equipment, worker information and training related to noise, noise-prevention measures and health surveillance. In line with the scope of application of the Ship Safety and Security Act, the Directive has by way of the Working Environment Regulations been made applicable to all persons working on board Norwegian ships.
2.3. IMO
2.3.1 The Code on noise levels on board ships
The Code on noise levels on board ships (the Code) originates from Resolution A.468(XII), but has updated and more stringent requirements compared to this. The stricter requirements of the new Code are a result of technological progress and a desire to improve the working and living conditions on board ships. As opposed to Resolution A.468(XII), the Code has been made binding, with the exception of those parts of the text where it is stated that the rules should be followed. These recommendations have been included throughout the Code instead of including them at the end of each of the chapters of the Code.
The purpose of the Code is to provide standards to prevent the occurrence of potentially hazardous noise levels on board ships and to provide standards for an acceptable environment for seafarers. These standards have been developed to address passenger and cargo ships. Since some sizes and certain service types of ships have been exempted from the Code, full application of the Code to ships that differ appreciably from conventional ships will require special considerations.
More particularly, the Code includes requirements for:
a) measurements of noise levels and exposure;
b) protecting seafarers from the risk of noise-induced hearing loss under conditions where at present it is not feasible to limit the noise to a level which is not potentially harmful;
c) limits on acceptable maximum noise levels for all spaces to which seafarers normally have access; and
d) verification of acoustic insulation between accommodation spaces.
At the end of the Code, four non-binding appendices have been included:
Format for noise survey reportGuidance on the inclusion of noise issues in safety management systemsSuggested methods of attenuating noiseSimplified procedure for determining noise exposure
2.3.2 2000 HSC Code
There are special noise requirements for high-speed craft in the Regulations of 5 January 1998 No. 6 concerning the construction, equipment and operation of high-speed craft used as passenger craft or cargo craft. The 2000 HSC Code has by way of these Regulations been made binding for high-speed craft the keel of which is laid, or which is at a similar stage of construction, on or after 14 February 2012, engaged on foreign voyages or domestic voyages in Norway when the craft is 24 metres of length (L) and upwards and is capable of a maximum speed of 20 knots or more, or engaged on domestic voyages in a host State, cf. section 1 third paragraph of the Regulations, cf. section 2 subparagraph l).
The special limits for noise levels on high-speed craft are laid down in paragraph 4.10 of the 2000 HSC Code, where it is stipulated that the noise level in public spaces and crew accommodation shall be kept as low as possible to enable the public address system to be heard, and shall not in general exceed 75 db(A).
3. More on the implementation of the Code
The Code is, as mentioned in the introduction, binding only for new ships of 1,600 gross tonnage and upwards, and does otherwise not apply to fishing vessels, mobile offshore units, high-speed craft etc.
In the cases where the Code has more stringent or other requirements than Directive 2003/10/EC, the vessels which are exempted from the Code are also exempt from the corresponding requirements of the Regulations. This is discussed in particular in point 4.2 below.
4. The regulatory amendments
4.1 The need for new legislation
Chapter 15 of the Working Environment Regulations contains regulations on the protection against noise for persons working on board, and is laid down pursuant to sections 21 and 22 of the Ship Safety and Security Act. The Code has new rules on noise levels on ships compared to Norwegian legislation, and the amended Regulations are necessary in order to implement these rules.
4.2 On the Regulations in general
The amendments to the Regulations are based on the binding rules of the Code and Directive 2003/10/EC. In addition to implementing the Code into Norwegian legislation, it is important to ensure that the Directive 2003/10/EC on noise is continued. In some areas the Directive has more stringent requirements or requirements which do not ensue from the Code. These more stringent requirements and the additional requirements from the EEA Directive has been included in the Regulations in addition to the binding requirements of the Code.
High-speed craft is an example of vessels which are exempted from the Code. High-speed craft are, however, covered by Directive 2003/10/EC, and the parts of the Code which correspond to the rules of the EEA Directive have therefore been made applicable to high-speed craft in the Regulations. The rules of the Code which are not found in the EEA Directive, have on the contrary not been made applicable to high-speed craft.
The recommendations (the "should" rules) of the Code have not been included in the Regulations as it is not considered appropriate to regulate non-binding provisions in regulations. It may nevertheless be useful to refer to the recommendations of the Code when performing noise measurements.
4.3 Comments to the provisions of chapter 15 of the Regulations
To section 15-1 Definitions
Definitions from the Code and Directive 2003/10/EC have been included in this section. When a definition is only used once in the Regulations, the definition has instead been moved to the relevant section.
When considering which definitions to include, the need for information for persons working on board has been taken into account, so that e.g. the terms "exposure limits" and "action values" from Directive 2003/10/EC have been included in the definitions.
The definition of "high-speed craft" is taken from section 2 subparagraph g) of the Regulations of 5 January 1998 No. 6 concerning the construction, equipment and operation of high-speed craft. The definitions of fishing vessels and mobile offshore unit have not been included, as the terms have already been used in the section on scope of application of the Working Environment Regulations.
To section 15-2 Systematic prevention of noise
The text is taken from Article 5 No. 1 of Directive 2003/10/EC.
To section 15-3 Risk assessment
The text is taken from Article 4 of Directive 2003/10/EC.
To section 15-4 Measuring equipment
The text is taken from chapter 2 of the Code. The provision is a clarification of Article 4 No. 2 of the current Directive 2003/10/EC and the previous section 15-9 of the Working Environment Regulations.
First paragraph: In accordance with the Code, standards other than IEC 61672-1(2002-05) may be applied if the company provides documentary evidence for the Norwegian Maritime Authority showing that the standard is equivalent. Sound level meters type/class 1 manufactured according to IEC 651/IEC 804 may be used until 1 July 2016.
Second paragraph: In accordance with the Code, standards other than IEC 61260 (1995) may be applied if the company provides documentary evidence for the Norwegian Maritime Authority showing that the standard is equivalent.
To sections 15-5 to 15-15
The requirements for noise measurement, methods of measurement and personnel to carry out the measurements are regulated by chapter 3 of the Code, and have been included in sections 15-5 to 15-15 of the Regulations. The requirements are a clarification of Article 4 No. 1 to 5 of the current Directive 2003/10/EC and the previous section 15-6 of the Working Environment Regulations, cf. section 15-9.
To section 15-7 Operating conditions at sea trials
Seventh paragraph: In case of vessels with Dynamic Positioning (DP), which is intended for use in normal working condition, additional noise measurements at DP mode shall be made at control stations, duty stations, and accommodation spaces to ensure that the maximum noise level limits in these spaces are not exceeded. Such measurements shall be carried out with at least 40% load on the DP thruster system. This may be done either by simulation of, or by testing under, weather conditions making it necessary to put at least 40% load on the DP thruster system in order to keep the ship in the approximate position.
To section 15-11 Calibration and measurement uncertainties
Third paragraph: The possibility to apply a standard deviation has been added in accordance with the DNV GL's rules for comfort class, so that deviations of 1 to 3 dB(A) from the noise level limits are now accepted for up to 15% of the number of cabins, including hospitals, and for up to 20% of the area of public spaces and offices on board.
According to paragraph 3.9 of the Code, the uncertainty of measurements, represented by a dispersion of results of less than or equal to the standard deviation, can be expected to lie within ±1.5 dB. Such as this standard deviation is defined, this means that there will still be measurement results outside of this limit. For a normal distribution of results, for example, this will entail that only approx. 70% of results are within the ±1.5 dB limit. The remaining results are outside of this limit, and 15% of these are expected to be +1.5 dB and +3 dB above the mean value. This is the background for the acceptance of a standard deviation in DNV GL's rules for comfort class, which the NMA also applies for measurement in accordance with the Code.
To section 15-16 Limitaion of noise exposure
The text is taken from Article 7 of Directive 2003/10/EC.
To section 15-17 Measures in the event of exceeded action values
The text is taken from Article 5 No. 2 of Directive 2003/10/EC.
To section 15-18 Exposure limit values and exposure action values
The text is taken from Article 3 of Directive 2003/10/EC.
To section 15-19 Noise level limits
The text is taken from paragraphs 1.3.7, 4.1, 4.2 and 5.1 of the Code, and stipulates limits for noise levels in various areas of the ship.
Seventh paragraph: For vessels designed for and employed on voyages of short duration, or on other services involving short periods of operation of the vessel, the Norwegian Maritime Authority may upon application decide that the noise level limits of section 15-19 for accommodation spaces and service spaces only applies with the vessel in the port condition. "Voyages of short duration" means voyages where the vessel is not generally underway for periods long enough for the persons working on board to require sleep, or long off-duty periods, during the voyages. "Port condition" means the condition in which all machinery solely required for propulsion is stopped.
Eighth paragraph: The requirements are not found in Directive 2003/10/EC, and vessels exempted from the Code are exempt from the provision. Pleasure craft not used for commercial purposed are already exempt from the scope of application of the Working Environment Regulations, and are therefore not exempted again here.
To section 15-20 Noise level limits on high-speed craft
For high-speed craft the noise level limits have been taken from the 2000 HSC Code. Even though the HSC Code is also incorporated into the Regulations of 5 January 1998 No. 6 concerning the construction, equipment and operation of high-speed craft used as passenger craft or cargo craft, the noise requirements of the HSC Code are nevertheless included in the Working Environment Regulations as these regulate the working environment, and are meant to be used by the persons working on board.
To section 15-21 Use of hearing protectors
The text is taken from chapter 7.1 of the Code and Article 6 of Directive 2003/10/EC.
To section 15-22 Techincal requirements for hearing protectors
The text is taken from chapter 7 of the Code. The provision is a clarification of Article 6 No. 1 of the current Directive 2003/10/EC and the previous section 15-14 of the Working Environment Regulations, cf. section 3-4.
To section 15-23 Warning notices
The text is taken from chapter 7 of the Code and Article 5 No. 3 of Directive 2003/10/EC.
To section 15-24 Health surveillance and hearing examination
The text is taken from Article 10 No. 1 to 3 of Directive 2003/10/EC.
The purpose of the examinations is to protect the hearing of persons working on board, and to uncover any hearing loss caused by noise at an early time.
To section 15-25 Follow-up of health surveillance
The text is taken from Article 10 No. 4 of Directive 2003/10/EC.
To section 15-26 Information and training
The text is taken from Article 8 of Directive 2003/10/EC.
To section 15-27 Acoustic insulation between accommodation spaces
The text is taken from paragraph 1.3.4 of the Code.
Fourth paragraph: The requirements are not found in Directive 2003/10/EC, and vessels exempted from the Code are exempt from the provision. Pleasure craft not used for commercial purposed are already exempt from the scope of application of the Working Environment Regulations, and are therefore not exempted again here.
To section 15-28 Survey report
The text is taken from chapter 4.3 of the Code.
Article 4 of Directive 2003/10/EC and the previous section 15-6 of the Working Environment Regulations, cf. section 15-9, assumes that a corresponding noise survey report is issued in connection with noise measurements. Existing ships which were issued a noise survey report before 1 July 2014 in accordance with the previous rules of the Working Environment Regulations, satisfy the requirement of section 15-28 of the Regulations.
An example of format for noise survey report is indicated in Appendix 1 to the Code.
To section 15-29 Exemptions
First paragraph: The text is taken from paragraph 1.3.6 of the Code and Article 1 of framework directive 89/391/EEC concerning the introduction of measures improving the safety and health of workers at work.
The Norwegian Maritime Authority may upon application grant exemptions from one or more of the noise protection requirements of chapter 15 of the Working Environment Regulations when it is acceptable in terms of health and protection, and it is documented that compliance with the requirement(s) will not be possible despite applicable and reasonable technical noise reductions measures. The Norwegian Maritime Authority may demand that the company submits a statement from a competent person or body in connection with the application, and may impose specific conditions for the exemption.
The purpose of the Code, cf. paragraph 1.2 of the Code, has been included as conditions for exemption in subparagraphs a) to e). The condition stipulated in subparagraph f) is taken from Article 3 No. 1 of Directive 2003/10/EC.
Second paragraph: The text is taken from Article 11 of Directive 2003/10/EC. The Norwegian Maritime Authority may in particular cases grant exemptions from section 15-16 on limitation of noise exposure and from section 15-21 on use of hearing protectors.
(english) The Code on noise levels in English original version - MSC.337(91).pdf
(english) Directive 2003-10-EC.pdf
(Norwegian) Støykoden med tillegg.pdf