Posted By sean douglas aggas I am currently trying to enforce the wearing of hearing protection within a designated area (heavy steel fabrication workshop) which has been identified as noise protection area following a noise survey. Due to the nature of work (lifting operations, etc) it is almost impossible to provided screened / barried area's. Unfortunately there are employee's whom insist that they can not wear hearing protection even though I have offered them both external (over ears) and internal (plug into ears) protection. They still INSIST that they connot wear them either through medical reasons (dermititis of the ears) or due to discomfort. Can any one please advise where I stand in relation to The Noise at Work Regs 1989 or any other current Regs if I where to ask them to sign a disclosure stateing they do not wish to wear PPE on either of the grounds I have mentioned and retain in their Personnel File. Our should I insist that they wear the hearing protection. I look forward to any comments / advice. Best Regards Sean Aggas

Posted By Bill Elliott Sean - as I see it, if you have a designated noise protection zone - the wearing of ear protection is "mandatory". No if's buts or maybe's - Hearing protection will be worn. If your employees have genuine health issues about wearing the protection, then they can clearly no longer work in the noise protection zone. Alternative employment may have to be considered. Assuming this is all supported by an appropriate assessment of risk and that other controls are genuinely not possible, the refusal to wear protection may be a disciplinary offence. Employees also have a duty to comply with reasonable requests made their employer to enable the employer to comply with his legal duties. Can you not get the employees on your side through the involvement of union safety reps for example.

Posted By Merv Newman May cost a bit up front, but audiometric testing at the beginning and end of each shift, showing employees how much they have lost by not wearing protection today, can be a big persuader. Also Behavioural Based Safety (here we go again) can be used to "recognise and reward" those who do wear hearing protection. If that doesn't work, fire 'em (apply pre-defined disciplinary procedures in full accordance with applicable current legislation) Merv

Posted By Stephen D. Clarke Hi, Agree with the above but I would add that as a sufferer of so called dermatitis of the ear I can see the other point of view. This condition is reported to be exacerbated by high humidity which occurs naturally in the ears of some people dependant on wax formation, ear canal shape, canal diameter and many other factors. I would expect ear plugs and defenders to make matters worse. When it flares up untreated it may last for days or weeks, results in reduced hearing acuity, and it can be difficult to make out a telephone conversation. Treatment may only give temporary improvement. Steve