Industrial Deafness

Industrial deafness is the most common condition employees suffer from as a result of exposure to high levels of noise in their workplace. Over time, the noise experienced at work can lead to deafness, partial hearing loss or tinnitus (an irritating ringing sound in the ears).

In case you have experienced work related deafness, hearing loss or tinnitus as a result of exposure to high levels of noise, you may be entitled to claim personal injury compensation.

Work related noise is harmful largely because you are around it all day for years.

Noise induced hearing loss is usually permanent and cannot be reversed. It normally affects both ears. However, sometimes one ear may be more affected than the other.

Tinnitus involves hearing annoying sound in your ears including: hissing, clicking, ringing, buzzing, whistling and roaring.

What are the common causes of industrial deafness, hearing loss or tinnitus?

• Pneumatic drills. Pneumatic drill operators engaged in road repair work are likely to suffer from industrial deafness, hearing loss or tinnitus after say 5 to 10 years exposure to high levels of noise.
• Electric drills. Electric drill operators engaged in construction work are likely to suffer from industrial deafness or hearing loss or tinnitus after a long period of exposure to high levels of noise.
• Woodworking machines. Chainsaw operators or people using woodworking machines in factories are likely to suffer from deafness, hearing loss or tinnitus after a long period of exposure to high levels of noise.
• Engine Rooms. People who work in engine rooms with increasing intensity of noise and duration are likely to suffer from deafness, hearing loss or tinnitus after a long period of exposure to high levels of noise.

How does the health and safety law protect you?

The intensity of noise or sound pressure level is measured in decibels (dB). The higher the decibel reading the louder the noise. A sound meter is used to measure the level of noise exposure.
The health and safety law requires employers to take action at specific noise level exposure over a working day or week.

(a) Lower exposure action levels are:

(i) daily or weekly exposure of 80dB (A),
(ii) peak sound pressure of 135dB(C)

(b) Upper exposure action values are:

(i) daily or weekly exposure of 85dB(A),
(ii) peak sound pressure of 137dB(C)

The use of a weekly exposure, rather than a daily exposure, is appropriate where exposure to noise varies from day to day (e.g. the use of power tools on one day but not on others). No allowance is made for the effects of hearing protection when determining an employee’s noise exposure in relation to the upper or lower action levels.

If an employee is exposed to noise at or above the exposure limit level then employers must take immediate action to bring exposure down below the required level.

Noisy areas, work activities or processes where there is likely to be risk from noise exposure must be assessed by a competent person.

Where necessary employers must put in place appropriate noise control measures, which should eliminate the risks, where this is reasonably practicable. Where this is not possible then risks should be reduced to as low as reasonably practical by engineering means and management controls. Control of exposure to noise must not be via hearing protection alone.

Proving that Your Employer Was at Fault

If you have suffered deafness or hearing loss as a result of work related noise, you will be able to prove that your employer was to blame if you can show that:

• Your employer caused or permitted you to work in conditions in which you were exposed to high levels of noise.
• Your employer failed to operate a system and to provide equipment and tools which did not produce damaging levels of noise.
• Your employer failed to maintain and keep in repair the equipment and tools used so that the noise levels created were less than 80dbA
• Your employer failed to identify any likely detrimental health effects arising from an interaction between noise and other agents (e.g. vibration)
• Your employer failed to limit the period or periods during which you were exposed to noise to a level that was reasonably safe. 
• Your employer failed to warn you that there was a risk of permanent damage to your ears and your hearing from continued exposure to high levels of noise.
• Your employer failed to advise you to wear properly fitted and adjusted ear protection at all times when his work exposed you to high level of noise.
• Your employer failed to provide suitable information, instruction and training about noise risks, any control measures in place, safe working practices and hearing protection

If you have suffered deafness or hearing loss as a result of work related noise, give us a call on 0800 321 3287 for free advice. You may be entitled to make a personal injury claim for compensation.