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#1 Posted : 22 January 2009 13:20:00(UTC)
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Posted By Martin H We have just introduced a new mandatory ear protection area. One employee who works in the area is profoundly deaf, and chooses not to wear any hearing aids as he says it has no benefit. He does, however, suffer from increased pressure if he wears ear defenders or earplugs. Given that there is no apparent risk to his hearing by not wearing the mandatory ear protection, would it be advisable to have write some form of "exemption" document that he could sign?
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#2 Posted : 22 January 2009 13:22:00(UTC)
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Posted By Robert K Lewis You need to talk to a competent medical specialist over this matter as it is probably beyond the competence of a SH Practitioner to make an assessment. Bob
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#3 Posted : 22 January 2009 13:36:00(UTC)
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Posted By Ian Futcher Your employee may state he is "deaf" but he will have some level of hearing at some frequencies? (Audio-metric test will reveal the level of impairment). If he has any response in the Audio-test, you will have a greater responsibility to protect the little level of hearing he possesses. He (even more than other employees) should wear hearing protection, in my opinion. Ian
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#4 Posted : 22 January 2009 14:02:00(UTC)
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Posted By J Ridley I fully agree with Ian on this. I don't think a signed exemtion certificate is legally binding i.e. an employer cannot sign off his legal responsibilities. I would also suggest that you do a 'person based' risk assessment for this individual and take the medical advice e.g. his GP etc. Ref to the civil case Paris v Stepney Borough Council (1950) BC [1951] http://www.safetyphoto.c...pney_borough_council.htm
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#5 Posted : 22 January 2009 14:16:00(UTC)
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Posted By Juan Carlos Arias Agree with previous posts, I would also like to say that if once you have ascertained that in fact ear protection will not provide any benefits given his condition and that he indeed is affected in other ways by wearing ear protection, if I were you, rather than allowing him to be in the ear protection area and having to start introducing exemptions into your policy. I would try to re-allocate him into another area. Having him in the protection area whilst not wearing the PPE, will send a negative impression to the rest of the workforce, therefore, making a bad impact on your company H&S culture. this is only my personal opinion,
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#6 Posted : 22 January 2009 16:36:00(UTC)
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Posted By NSO I have come across a similar problem where an employee was completely deaf, absolutely no level of any kind of hearing ability at all. Everyone was aware of the employees situation and the fact that he didn't wear protection didn't affect their attitudes towards wearing it. My main problem at the time was how do I make him aware of things, especially during times of emergency when we needed to evacuate the building. His duties meant he roamed throughout the plant. We resolved this eventually. Provided you make everyone fully aware of the situation they will/may come to understand your decision, even the ones who don't like it.
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#7 Posted : 22 January 2009 19:42:00(UTC)
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Posted By Gary123 A person who is classed as "profoundly deaf" can still hear sounds that are above 95dB therefore an employer has a duty to prevent further damage. Gary
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#8 Posted : 22 January 2009 19:51:00(UTC)
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Posted By Martin H Thank you for all your replies. I have scheduled a meeting tomorrow and will obtain more information then.
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#9 Posted : 23 January 2009 08:30:00(UTC)
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Posted By GeoffB4 'All' persons who are classified as profoundly deaf can hear frequencies above 95dB?
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