Rawlings v Joys Mining Machinery Ltd

RECENT DEVELOPMENTS

Permanent hearing loss caused by a failure to train in PPE

employers have legal duties in connection with the health risk of excessive noise in the workplace because if you work where there is too much noise there is a danger that you will suffer permanent damage to your hearing.   

Until 2006 when the Control of Noise at Work Regulations 2005 became effective the important safety laws aimed at the hazard of noise in the workplace were the Noise at Work Regulations 1989.

Unfortunately a significant number of employers were slow to fulfil their safety obligations required by the 1989 Regulations, and for instance, failed to make noisy work areas compulsory hearing protection zones, and mistakenly believed that they had met their safety obligations by simply buying a carton of ear plugs and telling workers to help themselves to the ear plugs.  

Workers continued to make deafness compensation claims because of failings in safety by their employers that resulted in occupational deafness caused by high noise levels in their workplaces. An example of this was a compensation claim made by a man who worked in a factory that made mining machinery.

In response to the compensation claim the employer argued that the worker was supplied with good quality ear plugs to protect his hearing.

The judge at the trial of the compensation claim accepted that the worker had been adequately supplied with ear plugs, however the employer was still in breach of the safety regulations because it was not enough to supply good quality ear plugs, there should also have been an adequate system of health and safety training on the hazard to health caused by noise and on the proper use of the ear plugs.  

The new safety regulations, the Control of Noise at Work Regulations 2005 also make it clear that the priority is to identify measures to eliminate or reduce health risks from noise at work, rather than simply relying on ear plugs and ear defenders which should be seen as only the last line of defence in dealing with the hazard of noise.  

Discrimination against deaf person who needed an assistance dog and was refused service in a restaurant received £1200 for injury and hurt feelings. The client in this case was refused food or service in a restaurant because he was accompanied by a dog specially trained to work with deaf people. The Disability Rights Commission took the case forward and won compensation for the injured party - 10th January 2009       

More links:

Deafness research - British Deaf Association - HSE on noise induced hearing loss NIHL - ear protection information (HSE pdf) - MOD deafness claim

Finally - Do not underestimate the hazard of noise in the workplace.