Posted By Paul Craythorne David, The answer to your question is that your employer has a legal duty to make suitable and efficient hearing protection available for use at or above the first action level of 85dB(A)where the employee requests it. The wearing of hearing protection becomes a mandatory requirement at or above the second action level of 90dB(A) or peak action level of 140 dB (200 pascals. At or above the second/peak action levels the employer should take reasonably practicable measures (other than PPE) to reduce the noise (usually engineering control measures). In addition to these duties and where the level is at or above the first action level, the employer should also provide the employees with information, instruction and training on the risk of damage to hearing, how to minimise the risks, how to obtain PPE and their own obligations. I notice that you state that the noise levels are circa 80dB(A)+. This is significantly below the first action level (a 3dB decrease halves the sound pressure level). Therefore there is no obligation under the Noise at Work Regs. However, a caring employer may wish to impose a lower action level at which hearing protection is provided for use and this is to be commended. I don't fully understand why the PPE was banned as opposed to the offending employee being disciplined but this is a matter for the employer to decide. You also state that the employee now has a 25% loss of hearing in one ear and suffers from tinitus. I would suggest that further detailed enquiries are made as this level of loss should not occur in such a short time span with the type of noise levels you are quoting. It may be that this person has been exposed to higher noise levels for a long period of time at some other point in his working life. You need to clarify this as any claim for noise induced hearing loss will initially be aimed at your company. Hope this helps. Regards, Paul

Posted By Adrian Watson Dear Paul, It should be noted that at 80 dBA + (8 hour Leq) there is a lifetime risk of suffing 30 dBA hearing loss. This risk increases from approximately 1% at 80 dBA, to 5% loss at 85 dBA, and 16% at 90 dBA. Whilst an employer does not have to provide hearing protection he does have a duty to reduce noise levels as far as is reasonably practical, regardless of the actual noise level. Therefore if measures are reasonably practicable albeit below the first action level then he should take them. Furthermore, if he does not provide hearing protection at these levels a court could find him negligent, in any civil action. In respect of PPE it should be remembered that the 1992 regulations require that it be both suitable for the person and the situation. I hope that this is of some use.