Noise Induced hearing Loss specialist Ben Mitchell comments on aspects of the use of hearing protection at work.
Noise at work in the UK is governed by the Control of Noise at Work Regulations (part of the Health and Safety at Work Act.) and came into force on 6 April 2006.
If you are (or were) exposed to loud noise at work, your employer must make a noise risk assessment. This must be based on evidence, such as measurements of noise in your own premises.
After that, if the assessment shows there is a risk one of the requirements (if the upper limit of decibels levels is reached) is for your employer to provide ear protection that must be worn. It is up to the employer to enforce this, by disciplinary action if all else fails.
If the place where you work, or worked might be exposed at the upper exposure limit, those areas must be marked “ear protection zones”, using the proper signage. Anyone going into an ear protection zone, even briefly, must wear proper protection.
Many health and safety managers provide hearing protectors to their noise-exposed workers with the good intention of stopping noise-induced hearing loss. They may purchase ear protectors with the higher rating numbers, making the honest misconception that “the higher the rating, the more the protection” but other factors may determine the overall level of protection and practicality.
Is that really enough and how much noise is still reaching the eardrum of the worker notwithstanding the manufacturer of that hearing protector claims it has the highest available estimated protection level?
The discrepancy between how much noise is actually reaching the ear drum and what is claimed as the estimate level by the manufacturer can be caused by two factors:
1. Poor fitting technique, such as not inserting the earplug far enough into the ear canal to block noise adequately, or bad selection,
2. Choosing the wrong earplug that is not a good fit for that particular ear.
How often it is the case the health and safety manager passes out hearing protection, but provides little or no training in how to use it properly. Perhaps they just assume that workers will read the manufacturer’s instructions on the package?
What about providing posters or leaflets to employees alongside giving out the hearing protection, is that enough?
Studies show that if the training (on how to wear the hearing protection properly and the potential consequences of not doing it) is delivered individually, one-on-one or in small groups, those employees digest the advice better and are thus more likely to obtain higher levels of protection. Large group training seems to have little effect in ensuring proper usage of hearing protection.
The current law, that being the Control of Noise at Work Regulations 2005, states;
Any personal hearing protectors made available or provided (where the upper exposure action value is reached) shall be selected by the employer—
(a) so as to eliminate the risk to hearing or to reduce the risk to as low a level as is reasonably practicable; and
(b) after consultation with the employees concerned or their representatives
However, whilst the employer may have sought to comply with the law, as can be seen in the above scenario. The employer making an assessment of the risk, identifying the problem and then subsequently documenting the actions taken, in order to be seen complying with the Regulations can sometimes be very different to what is happening in practice.
Ben Mitchell, Industrial disease solicitor at Applebys says “Just because a worker has been provided with compulsory hearing protection and been “consulted” about it, (and I say that in the loose sense of the word) does not mean he or she cannot bring a claim for noise induced hearing loss against that employer. Speak to a specialist industrial disease solicitor, go through the employment history and account of exposure with them. They are in the best position to be able to make a preliminary assessment and advise if you may have a claim. Do not ignore your hearing problem. The longer you leave it the harder it may be to pursue a claim later.”
For a free confidential chat please contact Ben on 0800 169 1325 or e-mail ben.mitchell@applebys-law.co.uk