You have received an HSE noise improvement notice. Here is what it means and what you must do.

An HSE noise improvement or enforcement notice is a legal instruction to take action. It means an inspector has assessed your workplace and concluded that you are not meeting your duties under the Control of Noise at Work Regulations 2005. You have a set period to comply. Hearing protection alone will not be enough.

What is an HSE noise improvement notice?

HSE inspectors have the power to issue improvement notices under the Health and Safety at Work etc. Act 1974. When an inspector visits your premises and finds noise exposure above legal thresholds, or finds that the controls in place do not meet the required standard, they can issue a notice requiring you to put things right within a specified period. That period is a minimum of 21 days.

Ignoring a notice, or failing to comply within the time given, is a criminal offence. Prosecution can follow, with unlimited fines in the Crown Court.

The key point is this: the notice is not about whether workers are wearing hearing protection. It is about whether you have done everything reasonably practicable to reduce noise at the point it is generated.

What the Control of Noise at Work Regulations 2005 actually require

The regulations set out a hierarchy of controls. Engineering controls come first. Personal protective equipment (PPE) comes last.

The hierarchy, in order:

1. Eliminate the noise source entirely, where possible.
2. Reduce noise at source through engineering controls (enclosures, barriers, isolation, damping).
3. Limit the time workers spend in noisy areas.
4. Provide hearing protection as a supplement when engineering controls alone cannot reduce exposure below the limits.

The regulations also set three noise thresholds employers must know:

• 80 dB(A) lower exposure action value: you must carry out risk assessments and provide information and training. Hearing protection must be made available on request.
• 85 dB(A) upper exposure action value: you must implement engineering controls, provide hearing protection and designate hearing protection zones.
• 87 dB(A) exposure limit value: this must not be exceeded, even accounting for any hearing protection worn.

An HSE improvement notice typically follows a finding that a workplace operating above 85 dB(A) has relied on hearing protection as the primary control rather than taking reasonably practicable steps to reduce noise at source.

Why hearing protection alone will not resolve the notice

PPE is the last resort in the hierarchy, not the first line of defence. The HSE has been clear on this for many years. Providing ear defenders and asking workers to wear them does not discharge your legal duty if engineering controls were reasonably practicable and you did not implement them.

Courts and tribunals have upheld this position. A UK manufacturer was fined £50,000 in 2019 after an inspection found workers suffering noise-induced hearing loss. The company had hearing protection in place. The HSE found it had not taken reasonably practicable steps to reduce noise at source.

There are also practical reasons why hearing protection fails:

• Workers do not always wear it correctly or consistently.
• It does not reduce the ambient noise level in the working area.
• It addresses the symptom rather than the source.
• It exposes the employer to ongoing liability if workers later claim noise-induced hearing damage.

Noise-induced hearing loss is permanent. It accumulates over years and often goes unnoticed until the damage is significant. Once it has happened, it cannot be reversed.

The engineering solution: reducing noise at source

The correct response to an HSE noise improvement notice in a production or manufacturing environment is almost always an engineering control. The most effective approach for machinery and production equipment is acoustic enclosure.

OTTOKIND modular acoustic systems enclose the noise source rather than the worker. A steel acoustic cabin or partition wall fitted around the equipment reduces the ambient noise level in the surrounding area, bringing it below the legal exposure action values without relying on workers to wear protection correctly.

• Modular steel construction fitted around your existing equipment and layout
• Class A sound absorption rating
• No structural building work required
• No planning permission needed
• TUV certified, manufactured in Germany
• UK supply and installation support from DRH KIND
• Can be installed without stopping production in most cases

One installation in a European manufacturing facility achieved a 97% reduction in acoustic energy, bringing the working environment from above the upper exposure action value to well below the lower exposure action value.

What happens if you do not comply

Failing to comply with an HSE improvement notice is a criminal offence under the Health and Safety at Work etc. Act 1974. The consequences can include:

• Prosecution and an unlimited fine in the Crown Court.
• A prohibition notice stopping production in the affected area entirely.
• Increased scrutiny and more frequent inspections.
• Civil claims from employees who develop noise-induced hearing loss, with no limitation defence if you were aware of the problem.

The HSE publishes enforcement action on its website. Companies that receive notices and fail to act are publicly named.

How DRH KIND can help you respond

DRH KIND are the UK supply partner for OTTOKIND acoustic systems. We offer a free 15-minute noise compliance review by phone or Teams. In that call we will review what the notice requires and the timeline you are working to, assess whether an acoustic enclosure, partition system or cabin is the right solution for your equipment and layout, and give you a clear sense of what is involved and what it would cost. There is no site visit required at the initial stage and no obligation.

Common questions about HSE noise notices

How long do I have to comply with an HSE improvement notice?
The minimum is 21 days from the date of issue, but the inspector may set a longer period. You can appeal to an employment tribunal within 21 days if you believe the notice is unreasonable.

Can I just provide better hearing protection and close the notice?
In most cases, no. If your noise levels are above 85 dB(A) and engineering controls are reasonably practicable, providing better PPE will not satisfy the notice.

What counts as a reasonably practicable engineering control?
The HSE considers cost, technical feasibility and the degree of risk. For most production machinery, modular acoustic enclosures are both technically feasible and proportionate in cost relative to the ongoing risk.

How much does an acoustic enclosure cost?
Costs vary depending on the size and nature of the equipment to be enclosed. OTTOKIND systems are modular, which keeps costs lower than bespoke construction. We can give you a budget indication in the initial call.

Will installation disrupt production?
In most cases, no. Modular acoustic systems are assembled around existing equipment without structural work. Many installations are completed without stopping the production line.

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