One of my clients has received a HAVs negligence claim from an employee for work carried out during the last 20 years.
Could anyone tell me whether there were 'exposure limits' in use PRIOR to the current Control of Vibration at Work Regs 2005?

Since ~1976 [yes I believe it to be 1976 not 1986 nor 1996 etc] there has been associated medical and other case law and information in the public domain thereafter an employer only has a partial not a whole defence

There may be a case against the employer especially where an employee has worked for the same company for a long time & there is history of using hand held vibration producing equipment. The strength of the case will rest primarly on how good the claiments brief is and thereafter what various records are in place and the health condition of their client

You need to get together what evidance is available to help defend the employer and to be fare to the x employee

Hi,
My understanding is that the old HSE action level was 2.8m/s/s. However there may have been a grey area where the level of exposure was between 1 m/s/s - 2.8 m/s/s and consequently courts have found that employers are liable if the exposure is within these levels, if they have not provided suitable training and information on Vibration issues i.e. the symptoms to be aware of, steps to take, how to hold the tools in order to reduce exposure levels etc

I agree with redpen.
Employers cannot rely on the old action level of 2.8m/s2 confirmed by the HSE in 1994 (now 2.5m/s2) to defend themselves against a claim for compensation.

In 1987 a British Standard was published promoting that exposure to vibration below the level of 2.8m/s2 could cause symptoms in 10 per cent of those exposed to vibration. Where a worker is exposed to vibration levels in excess of 1m/s2, an employer has a duty to advise employees about the potential risks of developing vibration white finger or other symptoms of hand arm vibration syndrome.

The scientific evidence of HAVS has been around for decades although the specific legislation didnt come in until 2005.
The claimant needs to prove a duty of care, not a statutory duty of care

Steve

1862 - Reynauds Disease identified.
1911 - First linked to use of power tools.
1918 – Vibration and exposure to cold linked. (Alice Hamilton MD)
1930’s 1940’s - Cases of White Finger identified as being caused by vibration tools.
1950’s - Research links damage to nerves, bones, muscles and joints with vibration tools.
1960’s - First “Anti-Vibration” tools developed. (Forestry Commission)
1975 – Taylor-Pelmear Scale of Injury Assessment.
1985 – Becomes ‘Reportable’ prescribed disease for IIDB.
1987 – Stockholm Scale replaced TP Scale.
1990’s – Implementation of EC Directives & Regulations.

Found some more from old presentation.
Hope this helps...