Hearing Loss Due to Workplace

golfkec

Hi all just need a bit of advice.

Work at a small printers (12 employees) since I left school 15 years ago and the place is very noisy as you can imagine. Now I am contemplating suing for loss of hearing as a couple of us at work have been for a hearing test and have lost some hearing in both ears.

Now the both of us have never worked anywhere else and we have never once been provided with ear defenders/plugs since we have worked there. A health and safety lady came around about a year ago and said the noise levels were too high.

Nothing has been done about this.

Thankyou in advance

Emmzi

there should have been risk assessments in place? I would ask tto see these.

Where was the health and safety lady from?

Have you discussed with your boss before going straight to sue, they may have insurance or procedures in place.

Do you have a union

Do you have legal cover on your homw insurance or with your bank account.

golfkec

No we are not in a union and I haven't spoke to my boss. I would have to check my policies to check about Legal Cover.

Emmzi

ok. It seems likely you have a claim. Do you want to continue working there? As how you approach this could burn your bridges!

If your boss is an ok person, I would have a chat about
- your hearing loss
- what the H&S person said
- do they have risk assessments
- are they insured for this sort of thing

Depending on the answers it may be a quick fix or a difficult one!

busterian

OP check your PM's

Savvy_Sue

golfkec wrote: »

Now the both of us have never worked anywhere else and we have never once been provided with ear defenders/plugs since we have worked there. A health and safety lady came around about a year ago and said the noise levels were too high.

Nothing has been done about this.

This is the bit I don't quite get: EVERYONE has to show responsibility in the workplace for their own and other people's Health and Safety.

So someone visits the premises in an official capacity and says the noise levels are too high, and you do ... nothing?

I'm not disputing your employer's responsibility, btw, but you do also have to show some yourself, collectively and individually.

Also you may have to demonstrate that nothing in your life outside work could have contributed to this - music too loud on your ipod, regular attendance at gigs and nightclubs etc.

Hammyman

Did you at any point ask for ear defenders?

dickydonkin

Savvy_Sue wrote: »

This is the bit I don't quite get: EVERYONE has to show responsibility in the workplace for their own and other people's Health and Safety.

So someone visits the premises in an official capacity and says the noise levels are too high, and you do ... nothing?

I'm not disputing your employer's responsibility, btw, but you do also have to show some yourself, collectively and individually.

Also you may have to demonstrate that nothing in your life outside work could have contributed to this - music too loud on your ipod, regular attendance at gigs and nightclubs etc.

Noise in the workplace and in general can be complicated so I will attempt to simplify it as best I can.

The first thing you need to do is to ascertain if your hearing loss is noise induced or age related (presbicusis).

The OP will need medical advice and a CT scan (or other suitable diagnostic equipment) will determine the cause of the hearing loss. Then it is time to talk to a solicitor if it has been determined that damage has been caused by noise. (Usually to the cochlea hairs).

A noise risk assessment is a mandatory requirement and you should have been given information by your employer of the findings of any assessment and the measures to reduce the risk of noise before you were ever exposed to the risk.

If the noise levels were above 85dB(A) it is a mandatory requirement to be provided with and wear suitable ear protection in those areas.

Where noise levels are 80dB (A) but under 85, you employer must provide you with ear protection but it would not be a mandatory requirement to wear them.

Now the both of us have never worked anywhere else and we have never once been provided with ear defenders/plugs since we have worked there.

This does not look too good for the employer if this is the case and I suspect that a noise risk assessment has not been undertaken either.

The maximum exposure 'at the ear' is 87dB(A) - this is where ear protection is taken into consideration. Simply put, if the noise levels in your workplace are 90dB(A) and the attenuation value (potential noise reduction level - SNR) of your ear defenders are rated at 10dB(A), this potentialy exposes you to 80db(A) at the ear, although a margin of 4 should be allowed. This aspect seems irrelevant anyway as the OP has indicated that he has never even been provided with PPE.

What also should have been assessed is your daily/weekly exposure levels.

Unfortunately, someone walking around with a noise meter confirming that the workplace is too loud is frankly not good enough after people have been exposed for some time.

Workplace assessments should always be undertaken BEFORE any worker is exposed to any physical agent (noise in this case) and measures taken to reduce the noise by the various means available, and if this could not be reasonably achieved, personal protective equipment should have been provided as the last line of defence to the risk if deemed as a requirement by such assessment.

Information following an assessment should also have been forthcoming to the employee regarding the ear protection (if noise could not have been reduced by other means) and the type and attenuation values that are relevant for the noise levels where you work.

So someone visits the premises in an official capacity and says the noise levels are too high, and you do ... nothing?

It seems that the employer is the one who has done nothing prior to and following this 'reading' and if the noise levels were above the legal action values and nothing has been done after 1 year, well if that is correct I'm afraid the employer is on very dodgy ground.

The reality is that the EMPLOYER is legally bound to assess the risks to employees and the EMPLOYER shall reduce the risk to an acceptable level. The EMPLOYER is also legally bound to provide the information to his employees and implement safe working practices and ensure the employee is aware of his legal requirements. If he is not aware of those requirements, it is unfair to apportion blame and 'doing nothing'.

Was the employee provided with the information of the risk of noise prior to working in the noisy area?

If so, was he informed of the measures in place to reduce the risk?

Was he given information on the dangers of being exposed to noise?

Was he provided with PPE (ear defenders) that were suitable for the inherent risk and trained on how to use them?

If this information has not been provided, then the employee can hardly be blamed for 'doing nothing'.

Noise risk assessments can be very complex as is noise itself, but the damage it can cause is irreversible unfortunately.
This may help.

C_Mababejive

Have you got yourself some ear defenders/earplugs yet or are you going to wait for the boss to buy them?

dickydonkin

C_Mababejive wrote: »

Have you got yourself some ear defenders/earplugs yet or are you going to wait for the boss to buy them?

You should be aware that an employee shall not pay for any equipment relating to health & safety - and why should they?

This comes under section 9 of the Health & Safety & Work Act BTW.

Section 9 provides that employers cannot charge their employees (or allow them to be charged) for anything that is required to be done by the 'relevant statutory provisions'.

It is the EMPLOYERS duty - by law!

Savvy_Sue

But there is still a duty of care on each and every employEE, is there not?

An employer may be ignorant, or uncaring, but only as long as staff do nothing.