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#1 Posted : 24 May 2006 15:21:00(UTC)
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Posted By John Does anyone have any information about people who are deaf working in noisy areas? Our Local company Doctor is recommending that one of our guys who is deaf and wears a hearing aid be moved to a less noisy area. Unfortunately this is not an option for us. I am in the process of sourcing PPE but does anyone have any other advice. Our factory is a 'mandatory hearing protection' area.
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#2 Posted : 24 May 2006 15:35:00(UTC)
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Posted By Charley Farley-Trelawney I suppose if the person concerned was partially deaf the noise may tempt them not to wear HP. In that situation further damage to the hearing could potentially occur , although no doubt you enforce the mandatory protective nature of the workplace. I am not quite certain why your superiors feel the need to move the operative, perhaps a conversation with the person involved would be useful. I always conduct specific RA's with anyone that has special requirements, this usually provides the answer in terms of what action is required. All the best CFT
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#3 Posted : 24 May 2006 15:44:00(UTC)
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Posted By Jonathan Breeze Perhaps they had in mind the Paris v Stepney BC case, i.e. a greater duty of care is owed to the partially deaf worker? I don't know, I'm only guessing here.
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#4 Posted : 24 May 2006 15:47:00(UTC)
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Posted By Glyn Atkinson Similar situation in our cabinet shop - the man being totally deaf from birth - still the subject of a personal assessment by both H&S and occupational health departments + written doctor's advice. The practical solution for us was to adapt the fire alarm system at his bench so that there was a local alarm beacon, and he was not required to wear hearing protection as there was absolutely no chance of further damage to his hearing in the area. The gentleman lip reads perfectly and is given written reference work for any verbal tool talks or safety information. I just have to keep the moustache trimmed on training sessions for him - easier to see the lips. He has worked for us for several years and is one of the most valued workers there.
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#5 Posted : 24 May 2006 17:00:00(UTC)
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Posted By Merv Newman I have had one totally deaf from birth employee. Doctor's written opinion was that there was no point in him wearing hearing protection. So we didn't require it. We gave him a vibrating bleeper that responded to fire alarms. Supervisor asked to go on a signing course, which we paid for. Working with him taught me a lot about really "visual" training aids, and taught me to speak more precisely. Eventually we developed "parallel" training programmes, with me talking and the supervisor signing. This worked so well that the local handicapped workshop asked us to help with their training. Freely given. We eventually employed three more of their people. I count this as one of my more rewarding "personal development" episodes. Thanks for reminding me of that (warm glow) Merv
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#6 Posted : 24 May 2006 18:26:00(UTC)
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Posted By Kieran J Duignan John As you refer to 'one of our guys who is deaf and wears a hearing aid', this appears to imply that the individual may be losing his hearing and has a certain percentage of hearing, which the doctor may wish to safeguard (although it seems odd if you have not got a clearly argued rationale in writing from the doc - is he/she just covering the b-m zone?) Alternatively, the challenge may be to enable the employee to adjust to the process of loss of hearing over the coming years; for example, I currently have a counselling client who is now almost totally deaf (95%) whereas when she consulted me 12 years ago, she was 25% deaf. So, first step appears to me to get a specialist medical report on the employee's hearing problem; Once you've got such a report, it's worth getting a specialist report from a safety engineer who specialises in noise, as he/she can pinpoint he full range of options for controlling sources of noise in relation to the specific hearing disability, and not simply PPE and signing, valuable though they may be. Provided the request comes from the employee, substantial funding support may be available through the Access to Work programme, administered through JobCentre Plus. (As they're not part of The Home Office, the chaos is quite manageable and staff helpful, in my own experience).
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#7 Posted : 24 May 2006 22:54:00(UTC)
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Posted By John Thanks for all the positive replies. As mentioned previously our factory is a mandatory hearing protection site but we haven't enforced that rule with this employee because he is deaf. We have assumed (maybe wrongly)that ear plugs won't make his hearing any worse. This guy wears a hearing aid to help him hear trucks and machines running but probably more to the point to be able to communicate with fellow employees. I'm beginning to think that he should be treated the same as everyone else and told to wear ear protection. I suppose in a round about way his hearing could suffer due to him wearing a hearing aid if he doesn't wear protection. One other problem is that he finds it difficult to wear the many different ear protectors we offer. I am still looking at different options that will be compatible with his hearing aid but without success at the moment. We don't want to move him to another area but if he won't follow the site rules then we are into a disciplinary process. John
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#8 Posted : 25 May 2006 08:06:00(UTC)
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Posted By Glyn Atkinson ooh! OOH !! I've got alarm bells ringing - disciplinary route if person with physical diability does not fit into normal work and PPE working pattern ! Beware ! If this person or any union official worth their salt knows about Access To Work, then you could have a fight on your hands ! Without prejudicing a current ongoing situation, I have dealings with a similar scenario, but with an eyesight problem, where an outside organisation came in for "reasonable workplace adjustments" and "suitable alternative employment! We virtually had to have a full time buddy for this person doing everything apart from programming a woodworking machine for the person - no manual handling, escort to and from the workplace, other controls adjustments etc. We thought we had made as much of a reasonable adjustment as necessary, and the worker was overjoyed to be allowed to come back to his "normal" job. The union then got a third party assessor in , and all of the previous work was considered far from satisfactory - their view alone - and they wanted the worker never to return to work - far too dangerous for him, pay him handsome lay off money - 18 months on, and lots of solicitors' letters and wrangling later, the guy is back at work, happy that he still is in the same job, and we have a skilled worker still on the payroll - but the HASSLE !!! So - friendly advice - take care on the disciplinary front, it could cost a LOT of company money if not addressed in a correct and proper manner.
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#9 Posted : 06 July 2006 22:02:00(UTC)
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Posted By John I would like to re-visit a subject I raised at the end of May concerning an employee who has a hearing impairment. This person works in an area classified as a 'hearing protection is mandatory zone.' After visitng our occupational nurse he was referred to an ENT specialist, the same specialist who has carried out several operations on his ears over the last thirty years. The report from the specialist recommended that if he cannot be moved to a less noisy area then his hearing aid should be removed. The reason for this being, with the hearing aid in the volume can be set so high that more damage could potentially be done. He then confuses the matter by saying that he doesn't have to wear any hearing protection because of the inbuilt protection caused by the deafness. My problem is that by allowing him to carry on wearing the aid leaves the company open to prosecution and possible claims in the future. I've carried out the risk assessment and recommended a buddy system along with further training for himself and others who work around him. I've tried the PPE route without any luck, this guy wears one hearing aid which is plugged into his ear during his time in work. He doesn't want to wear any other plugs or muffs as these bring other problems on. I have found a contact that will make protectors out of a similar material as the aid he now wears but this still isn't acceptable to him. I have suggested to him the Job centre plus route and given him contact numbers along with some other information but his union are involved now and accusing the company of increasing the risk to him if he is made to remove the hearing aid. This is partially true and I am very sympathetic to this whole case and want to find a solution. His union have asked if the company could simply get him to sign a disclaimer to say he can carry on wearing the aid but promises to keep it at a low volume. I've told them this isn't a good alternative. The top and bottom of the case is, a). Ask him to remove the aid and make life more difficult for him. b). Keep the aid in and leave the company open to prosecution. Sorry this has been a long winded explanation but if anyone can help I would be grateful. John
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#10 Posted : 06 July 2006 22:18:00(UTC)
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Posted By Paul Leadbetter John Far be it from me to question an ENT specialist but the case of Paris v Stepney Borough Council seems relevant here. No matter how deaf the person is, you must protect the hearing he has left so just allowing him to remove his hearing aid is not an option. If, for whatever reason, you cannot protect his hearing, you must remove him from the noisy area; if that is not possible, dismissal seems the only answer. Paul
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#11 Posted : 07 July 2006 08:33:00(UTC)
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Posted By Fred Pratley John, The hearing specialists will have an accurate profile of frequencies your man can hear and a check must be made (as per usual) to ensure the hearing protection you provide is as good as you can get on those frequencies, and then do a frequency analysis of the noise in your factory. This will give a view on how the noise in the factory may affect his remaining hearing. I would then proceed to perform the RA of his work (what does he actually do?) as if he is totally deaf - i.e. the very worse case scenario, as this is a foresseable outcome of his condition. If hearing (like sight) is a requirement to be able to perform his job, given reasonable adjustments of course, then perhaps this is a straight HR matter and it would be to your mutual benefit for this man to seek alternative employment while he has some hearing left? If hearing is not a requirement and you can maintain a safe working environment for him (and get Union agreement on this point) if he were totally deaf, then he does not need the hearing aid and you can reasonably insist he does not use it at work? Fred
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#12 Posted : 08 July 2006 14:06:00(UTC)
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Posted By John Thanks Paul/Fred This guy works in a manufacturing environment where FLT's operate and machinery is constantly running. The noise readings are 85 to 91 d(B)A and Lepd of 88d(B)A One of his ears is only slightly better than the other and doesn't need a hearing aid in. If he puts two aids in he gets some sort of feed back which whistles through the inner ears. He's worked for us for over thirty years and just wants to carry on as he always has. As previously mentioned he reckons we would be increasing the risk to him if we make him take out his aid and adding to the risk by making him wear protection. He doesn't seem that interested in protecting the hearing he has left which probably suggests there's not much hearing capability left. I've written to the HSE quoting section 11 of the 'Noise at Work regs' where an exemption can be given for this type of case. Maybe that's the route that will work.
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