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#1 Posted : 27 February 2003 11:23:00(UTC)
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Posted By Jim Walker As I’m sure you all know, in three years time the new Noise Directive will come into force. This has action levels considerably lower than at present. Question – If I’m currently complying to the current regulations, but “aware” that safe levels are in actual fact much lower, could this be used by a plaintiff in a civil case to show breach of duty? What I’m thinking of is the Asbestos actions, where the plaintiffs argued that employers knew, or should have know, that asbestos was dangerous, even though there was no legislation controlling it.
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#2 Posted : 27 February 2003 15:05:00(UTC)
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Posted By Paul Craythorne Jim, That's the difference between criminal and civil. If you are currently complying with the requirements of the Noise at Work Regs then the HSE can't nick you. However, if it is proven that an employee's hearing has been damaged by exposure to noise then he/she will win a civil case. The Noise at Work Regulations are only minimum requirements after all!!!! 'Ain't life a bitch' Regards, Paul
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#3 Posted : 27 February 2003 16:01:00(UTC)
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Posted By Dave Wilson Interseting concept whereby you can claim damages for injury at work as you can forsee in the distant future that statute is going to change. Don't think it would happen, is this just not a tightening of standards as technology advances with time and it is now 'reasonably practicable' to implement and therfore tighten the law to ensure compliance.
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