Noise-induced hearing loss: claims are on the increase

Noise-induced hearing loss:

claims are on the increase

[FOR MANY PEOPLE noise is part and parcel of their workplace. Everywhere there is noise – traffic noise, the noise of machinery, even people talking loudly or shouting. There is a limit to the amount of noise a person’s hearing can tolerate. Where exposure to noise surpasses that limit there is a real possibility of hearing loss.

Noise-induced hearing loss (NIHL) is a hearing impairement caused by exposure to loud noise –either persistent noise such as from machinery at work or a single, sudden extremely loud noise such as an explosion or gunshot. Often the condition comes on gradually, sometimes almost imperceptively. In other cases it is sudden. In all cases it is permanent: once the hearing is gone it will not come back.

Forensic consultants Hawkins describe the condition thus: “Noiseinduced hearing loss is irreversible and may significantly impact on the lives of those who have suffered this occupational injury. Symptoms not only include a loss of hearing acuity, but also a distortion of speech and chronic tinnitus.”

While NIHL can occur in many settings – it has been estimated that 15% of young people are exposed to sufficient noise at concerts and sporting events, or from personal listening devices and the like, to cause the condition – where it is caused by noise at work there can be a case for redress.

The legislation governing levels of noise in the workplace is the Control of Noise at Work Regulations 2005, which came into force on 6 April 2006 for all industry sectors except for the music and entertainment sectors, which were given a two-year period to implement the regulations because of the nature of those industries – ie to deliberately generate sound.

The Control of Noise at Work Regulations 2005 replaced the Noise at Work Regulations 1989.

According to the Health and Safety Executive: “The aim of the Noise Regulations is to ensure that workers’ hearing is protected from excessive noise at their place of work, which could cause them to lose their hearing and/or to suffer from tinnitus.

“The level at which employers must provide hearing protection and hearing protection zones is 85 dB(A) (daily or weekly average exposure) and the level at which employers must assess the risk to workers’ health and provide them with information and training is 80 dB(A). There is also an exposure limit value of 87 dB(A), taking account of any reduction in exposure provided by hearing protection, above which workers must not be exposed.” The full text of the Control of Noise at Work Regulations 2005 and of the Noise at Work Regulations 1989 can be viewed online at the HSE website, from where guidance documents Noise at work: A brief guide to controlling the risks and Controlling Noise at Work can be dowloaded. An updated edition of Controlling Noise at Work has been published in 2021, aimed at employers and other dutyholders. It gives detailed advice on assessing risks, practical noise control, how to select and use hearing protection, what to consider when buying and hiring equipment and how to develop health surveillance procedures.

It has also been updated in keeping with changes to related legislation, technical advances and experience.

Claims for occupational NIHL

Claims for occupational NIHL have increased markedly over the past few years, resulting in more workers receiving compensation each year. Part of the Control of Noise at Work Regulations is a requirement that, in all workplaces where noise levels can potetially exceed the permitted limits, there must be assessment of noise levels.

Again, Hawkins list investigations that may be undertaken when a claim is made for NIHL: • Assessment of the noise environment within the workplace in • question to determine the likelihood of a risk to health and safety • Review of previous noise assessments and identifying shortcomings • or inconsistencies • Investigation of audiometric results of the claimant alongside • medical and employment histories • Identification of comorbid exposure to other ototoxic substances • within the workplace

The best way to avoid a claim for NIHL is, of course, to take steps to ensure compliance with the regulations.

An acoustic consultant such as Hawkins will be able to undertake a full occupational noise study, identifying potential risks.

Get advice

The professional organisation for acoustic consultancies is the Association of Noise Concultants, which includes in its membership consultancies that can advise employers on their noise compliance as well as implement assessment and monitoring policies.

A list of experts who can advise on NIHL claims is available from the directory of experts on this publication’s website. q www.yourexpertwitness.co.uk 31 31