IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Noise induced hearing damaged - litigation & case law
Rank: Guest
|
Posted By Paul Maddock
In the office where I work, many of the staff listen to personal stereos using headphones. This is not a problem in as much as it disrupts work in anyway (it can be argued that it effectively masks the general office noise).
However is there a duty of care to the employees to ensure that employees do not suffer noise induced hearing damage?
I specialise in acoustics so I know full well the potential damage from the use of personal stereos, but was wondering if there is a precedent in these cases?
Many thanks in anticipation.
|
|
|
|
Rank: Guest
|
Posted By Adrian Watson
Paul,
You can sue for breach of statutory duty, if you can prove that you have hearing loss as a result of a breach of the Noise at Work Regulations 1989 (SI 1989/635).
However, prevention is better than cure, so I suggest that you ask your employer to carry out a risk assessment & take action based on the findings.
Regards Adrian Watson
|
|
|
|
Rank: Guest
|
Posted By Robert Woods
Is the damage being caused by noise generated through the business of the employer? Is the employer being negligent by letting staff listen to music. Are the stereo's supplied by the employer.
I think the answer is no to all of the above.
There are going to be thousands of claims for industrial deafness in the future and the first thing the insurers solicitor is going to say is it was caused by wearing a personal stereo or car stereo system. We have tested the hearing of thousands of workers from local industries [mills, engineering and wood maching plants] and helped to get hundreds of them compensation. We had to prove negligence on the part of the employer to get this. For the people in your workplace this is going to be impossible.
I am a dyed in the wool trades unionist but I have got to admit I would draw the line at people working for me wearing personal stereo's. They must at the very least affect the employess concentration and ability to communicate.
I will keep my eye on this thread as It will be interesting to see if their is caselaw contrary to my opinion.
Robert Woods.
|
|
|
|
Rank: Guest
|
Posted By Raymond Rapp
Having read the previous responses I would say that I have to agree with them. I would also point out that the employee has a duty of care under HASAWA.
Another moot point is that in my experience the NAW Regs 1989 are probably one of the least understood regulations and perhaps as a result, also the least applied by employers.
I did a project last year within my company on Noise at Work covering about 3,000 employees and found out that the company noise surveys of 1991 and 99 did not fully comply with the regulations or guidelines. This was admitted in writing by the company Hygeniest and various spurious reasons were given. Although I raised this with the company, HMRI and trade union, no one was particularly interested - I rest my case.
Ray
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Noise induced hearing damaged - litigation & case law
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.