Workers exposed to excessive noise can suffer permanent hearing damage often occurring over a period of years and may also suffer from tinnitus (a ringing or whistling in the ears) which is recognized as an injury in its own right. It has been known for many years that exposure to loud noise could cause hearing damage but the law has generally accepted that since 1963 employers should have been aware of the dangers of exposing their employees to excessive noise.
Exposure to noise above 85 decibels (dB) may be hazardous to hearing even if it only lasts for a short period. The greater the exposure the more likely damage is to be caused. Excessive noise damage tends to be cumulative.
Some types of tools and equipment producing noise levels in excess of 85 dB include:-
• compressor 101 - 123dB
• mining drill 108- 113
• diesel generator 107 - 111
• gas turbine 92 - 112
• metal saw 105 - 108
• impact wrench 104 - 107
• grinder 87 - 110
• guillotine 94 - 103
• impact gun 91 - 107
• cross cut saw 98 - 101
• welding machine 99 - 100
• brake rivetor 97 - 99
• blower/pump 95 to 96
• wood plane 94 - 96
• bandsaw 94 - 95
• belt sander 82 - 92
An employer has a legal obligation to ensure the health and safety at work of its workers and to provide safe work procedures and equipment. Included within this duty is an obligation owed by employers to employees to minimize exposure to high levels of noise at work The type of steps that an employer should take for that purpose might include :-
• an assessment of the tools and equipment used to ensure noise levels are kept to a minimum;
• an assessment of noise exposure levels within the work place;
• use of insulation wherever necessary;
• provision of hearing defenders such as ear muffs and ear plugs;
• segregating areas of the work place where excessive noise may be present
Claims for industrial deafness and tinnitus are complex and may involve complicated legal arguments about time limits. Generally speaking a claim for personal injury must be brought within three years of the date the injury was first suffered. In claims for industrial deafness/tinnitus proceedings must usually be brought within three years of when the injured employee first knew, or should have known, that the condition was caused by exposure to excessive noise levels at work. If you consider you may have suffered an injury due to excessive noise levels it is recommended that you contact a solicitor familiar with such claims immediately so that such issues can be investigated at the first possible opportunity.
Please contact us for further information.
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