Textile industry - deafness claims

RECENT DEVELOPMENTS

During 2007 a number of test cases were brought by former textile workers from Nottinghamshire and Derbyshire.

The former textile workers making the claims were saying that their hearing had been injured by levels of noise in their workplaces that were above 80dB(A).

The employers defended the claims and argued that the law at the relevant time required them only to take action to protect their employees if the noise levels reached 90dB(A).  

After considering the evidence including expert medical and engineering evidence the court held that there was no liability for breach of the health and safety laws and therefore for the employers to pay compensation if the noise levels in the workplace were below 85dB(A). The judge decided that in workplaces where the noise levels were below 85dB(A) any hearing loss suffered by workers due to the noise would be likely to be so small as to be not medically identifiable.  

In compensation claims at common law for a worker sustaining damage to their hearing caused by high noise levels in their workplace it is necessary for the person making the claim to have a medical report prepared by a suitably qualified medical expert advising that the worker’s hearing has been injured by noise at work.

In the Nottinghamshire and Derbyshire textile workers cases mentioned above the court decided that first of all the noise levels in the workplace would have to be at least 85dB(A), and then it was for the medical expert to advise on whether there was evidence that the worker’s hearing had been damaged.  

It is generally accepted as a rule of thumb that if in your workplace you have to shout to be heard at a distance of about 2 metres from your work mate the background noise is about 85dB(A). If you have to shout to make yourself heard to a colleague who is stood as close to you as about 1 metre then the background noise is about 90dB(A). .                  

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.

NEWS:

Joys Mining deafness compensation case discussed - 24th October 2008