Hearing Loss Due to Workplace

dickydonkin

Savvy_Sue wrote: »

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.

But in the case of the OP - how was he to know what his duty of care was in relation to the noise issue if the employer had completely diregarded his duties of providing information and training on the noise hazard and associated risk to him and his colleagues?

If the company had assessed the workplace as required by legislation and that assessment had deemed that the workplace was indeed above the acceptable noise limits, they could implement controls to reduce the noise to a level where ear defenders were not required (the preferred option).

If this could not be achieved, then the mandatory provision and wearing of ear protection would need to be implemented.

Now if this situation was in place, and the O.P. did not wear the required ear protection in designated mandatory ear protection zones then I agree, that is a breach of his duty of care to himself.

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

What are the staff expected to do in this situation?

The OP and indeed his colleagues cannot be accused of neglecting his/their own duty of care in respect of the noise as he/they were not aware that a duty of care existed as they were oblivious to the level of noise and associated risk they were - and still are exposed to - totally the fault of the employer by not providing such information.

If the daily exposure limits are indeed over 85dB(A) and this has been ongoing for some time, then the employer may expect some claims for NIHL and a possible visit from the HSE.

as a couple of us at work have been for a hearing test and have lost some hearing in both ears.

O.P. - Out of curiosity, how did you know that you and a colleague have 'lost' some hearing in both ears'?

This possibly indicates that the company are carrying out health surveillance as whoever carried out the hearing test must have had a previous reading for comparison to determine that some degree of degeneration in hearing capability had occurred.

Of course it could be the case that you have had your ears tested independantly prior to pursuing a legal claim and it may be that your hearing is not what it should be for someone of your age.

C_Mababejive

dpassmore wrote: »

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!

Yes indeed but surely an intelligent person would quickly perceive that noise levels were excessive and would approach his manager to obtain hearing protection devices?

In the interim...wouldnt it be foolish not to take action yourself to protect your hearing?

Why go deaf whilst everyone squabbles about whos responsibility it is?
HSWA places a joint responsibility on employer and employee for safety and health.

dickydonkin

C_Mababejive wrote: »

Yes indeed but surely an intelligent person would quickly perceive that noise levels were excessive and would approach his manager to obtain hearing protection devices?

In the interim...wouldnt it be foolish not to take action yourself to protect your hearing?

Why go deaf whilst everyone squabbles about whos responsibility it is?
HSWA places a joint responsibility on employer and employee for safety and health.

The HSWA does indeed place place a joint responsibility, however, if you are quoting responsibilities under Health & Safety Law, the reality is that under the very same legislation, the employer should not have placed the employees at risk in the first place without conducting an assessment of the risk and determining measures to remove or reduce it to an acceptable level.

Another reality is that irrespective of the why's and wherefores of this situation, it will ultimately be the employer who will be responsible if noise induced hearing loss is diagnosed.

As I explained earlier, noise is very complex and its measurements moreso as they are logarithmic.

Furthermore, there are different frequencies that may not seem to be too intrusive but can potentially cause damage nonetheless.

Many on this thread keep mentioning ear defenders as a means of protecting against hearing loss, but that is the least preferred method of control as it requires the conscious decision of the individual to wear it and use it correctly at all times.

Also ear plugs and muffs can be uncomfortable, can cause infection and can compromise effective communication.

Collective protection such as engineering controls for example, is the ideal control measure.

What is damning for the employer is that he has been told a year ago that the noise levels are too loud but has done nothing about it.

As for employees obtaining their own hearing protection, they will need to know:

What are the actual noise levels and in what areas.

What attenuation is required.

Are there any potential Q.A. issues such as hygyene.

What are the most suitable types of ear potection to use for that particular working environment and and will it compromise the effectiveness of any other PPE.

Will they receive appropriate instruction on how to use the PPE.

Don't laugh on that last one - yes, for ear plugs to be effective, they have to be inserted correctly. Poking them in your lugs and leaving the majority of the foam sticking out will just not do.

Any HSE inspector would certainly take a dim view of employees having to purchase their own personal protective equipment when the employer is well aware that he is not abiding to his statutory obligation under the HASWA.

Yes indeed but surely an intelligent person would quickly perceive that noise levels were excessive

Possibly not at certain frequencies.

golfkec

Thanks for all your answers. I was young when I first started there and didnt realise the damage it would cause to my hearing until I had my hearing test which I paid for independently and not through a claims specialist.

Ok maybe I should of provided my own ear defenders......I agree with that but having only just having the test is it worthwile now if I am going to claim.

Not ever claimed anything before i.e Home Insurance/Car Insurance/Personal Injury etc so before anybody pipes up about Claiming for anything I have never done it before and have given 15 years service to my boss without one day off and done above and beyond my work contract.

Weirdlittleman

Whats to say it isnt a natural decline or one caused due to other factors?
If you havent raised concerns and it isnt really obvious I wonder whether they have actually been neglient to justify a claim.

Furthermore what made you decide to get a test? It seems strange you and a colleague would just choose to do it.

C_Mababejive

Make sure part of your hearing loss isnt attributable to wax/gunk build up. visit your doc for a check.

It truly amazes me how many people,men especially,somehow think its an affront to their manhood to look after their health. (not talking about the OP)

I see guys with road drills hacking out holes,guys cutting flag stones with Stihl saws,guys using high powered lawn mowers etc etc and not an earplug in sight. Hearing...once its gone,its gone and damage is on the increase with the ipod generation.

golfkec

Weirdlittleman wrote: »

Whats to say it isnt a natural decline or one caused due to other factors?
If you havent raised concerns and it isnt really obvious I wonder whether they have actually been neglient to justify a claim.

Furthermore what made you decide to get a test? It seems strange you and a colleague would just choose to do it.

Decided to do the test after the woman came around with her gadget as had never thought about it before. Basically my boss is the kind of boss if you ask him about it will say 'if you don't like it F*** off'

Weirdlittleman

golfkec wrote: »

Decided to do the test after the woman came around with her gadget as had never thought about it before. Basically my boss is the kind of boss if you ask him about it will say 'if you don't like it F*** off'

And if he had done that your case would be solid

skintdragon

golfkec wrote: »

Decided to do the test after the woman came around with her gadget as had never thought about it before. Basically my boss is the kind of boss if you ask him about it will say 'if you don't like it F*** off'

Well well well if that is the case your boss has alot to answer for! What a pleasant, caring attitude he/ she has towards you all.

Please keep us posted here on the progress of your situation.

golfkec

skintdragon wrote: »

Well well well if that is the case your boss has alot to answer for! What a pleasant, caring attitude he/ she has towards you all.

Please keep us posted here on the progress of your situation.

Yeah he doesnt give a monkeys toss about us. God you don't know half of it :rotfl: