Noise induced hearing loss (NIHL)

NIHL and tinnitus may be caused by exposure to noise in the working environment. Ian Glendenning’s “Checkpoints – noise at work” article from the April 2008 edition of the RoSPA’s “Occupational Safety & Health Journal” gives details of how employers should assess and control risk (PDF)

We are able to provide evidence in NIHL cases based on:

• Our databases of noise measurements covering all industry sectors
• Measurements of noise in the workplace
• ‘Black book’ apportionment exercises
• Our ongoing experience of advising employers on noise risks.

Case study:
The Nottingham & Derbyshire Deafness Litigation (NDDL)*

Ian Glendenning provided reports in the Nottingham & Derbyshire Deafness Litigation (NDDL). The cases principally involved sewing machinists and related trades and established at first instance:

• It would require exceptional circumstances for exposure to noise at levels below 85 dB(A) LEP,d to be proven to cause damage (creating an interesting precedent bearing in mind the recent introduction of a lower action level (in criminal law) of 80 dB(A) LEP,d).
  
  
• Employers with ‘greater than average knowledge’ may have a duty to control risk associated with noise exposure below 90 dB(A) LEP,d from before the introduction of the 85 dB(A) LEP,d 1st action level by the Noise at Work Regulations 1989.

Similar issues regarding exposure below 90 dB(A) LEP,d were considered in the case of Harris v BRB (Residuary)Ltd and English Welsh and Scottish Railways Ltd*

*we have hard copies of these judgements, please contact us for further information.

If you would like us to explain how our skills are relevant to your objectives then please use either the contact page or call Ian Glendenning on (01777) 816 506