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April 7, 2006

Tighter noise law compensation claim

Speculation that tighter legislation to protect workers from harmful occupational noise could spark a wave of new compensation claims for work-related hearing problems(1) when it comes into force this Thursday is not necessarily true, according to new research by UK health & safety experts Croner.

Nearly two in three (65%) polled by Croner/YouGov said they are already aware of their right to claim against an employer or former employer if they suffer with a work-related hearing defect or hearing loss, which is particularly common in industries such as construction, engineering, manufacturing and printing.

But some regions fare better than others, reveals the research, with London having the lowest number of people aware of their right to claim at only 53%, which rises to 59% for the rest of the south, and 68% in the Midlands and Wales. Awareness rises even further up north to 74% of Northerners and 77% of Scots.

Croner says that with such an overall high proportion of people already clued-up on their right to claim, the new law, which requires employers to reduce harmful noise levels and exposure, and introduces tighter restrictions on protective equipment, will help reduce workplace noise and therefore reduce work-related hearing damage that can lead to claims.

New Control of Noise at Work Regulations 2005 replace the Control of Noise at Work Regulations 1989 on 6 April to provide improved protection to employees from workplace noise. The HSE says that over one million employees in Great Britain are exposed to levels of noise which put their hearing at risk.

Trevor Davies, health & safety expert at Croner says: "It's the regions which show the lowest awareness levels on which we should focus our attention. In Scotland and the North employees seem to be more informed, and it's likely that this is because their employer is already proactive in protecting staff and making them aware of harmful noise, which actually puts them at a lower risk of claims. Areas with the lowest awareness strike alarm bells as the most at risk, as this suggests employers in these areas aren't doing as much to educate workers on and implement ways to reduce damaging noise.

"We whole-heartedly support organisations such as the RNID, TUC and HSE which are all campaigning to increase the awareness of harmful noise. However the TUC's recent view that Thursday's law may lead to a surge in compensation claims could be exaggerated.

"There's no doubt that the damaging effects of noise are underestimated, especially since the damage usually happens over a long period of time. But, rather than worry about the threat of increasing claims, employers should view the tighter noise regulations as a positive way to help improve the health of their staff and benefit their business."

The business benefits of lowering noise levels and exposure to noise at work can include lower sickness absence, lower staff turnover, improved safety, improved productivity, and even enhanced reputation. Following the new legal requirements for workplace noise can also reduce the risk of legal action.

Croner's guide to the new law
Major changes under the Control of Noise at Work Regulations 2005 include the introduction of new action levels and limit values which lower the exposure levels at which action must be taken. New action levels will include a reduction of 5dB(A) in the exposure levels at which action has to be taken as follows:
" Lower exposure action values: a daily or weekly personal noise exposure of 80 dB (A-weighted); and a peak sound pressure of 135 dB (C-weighted). Currently 85dB.
" Upper exposure action values: a daily or weekly personal noise exposure of 85 dB (A-weighted); and a peak sound pressure of 137 dB (C-weighted). Currently 90dB.
" Exposure limit values: a daily or weekly personal noise exposure of 87 dB (A-weighted); and a peak sound pressure of 140 dB (C-weighted).

Key Facts Employers Should Know
" Noise is any unwanted sound. Exposure to unreasonable levels of noise for a long period of time can be damaging to the health of employees.
" Noise at a level that is not loud enough to be physiologically damaging can still cause stress and tiredness.
" Exposure to noise can lead to hearing loss and tinnitus.
" If someone has to shout to be heard over a distance of two metres, a noise assessment is probably necessary.
" As a result of a noise assessment, various measures must be taken by the employer to eliminate or reduce the risk, with reference to defined action levels.
" At or above action level one, an employer must provide hearing protection if requested by an employee.
" If the noise level reaches or exceeds action level two, an employer must provide suitable hearing protection and require its use, regardless of whether or not it has been requested by an employee.
" If an unacceptable noise level cannot be eliminated or reduced by design, clearly marked hearing protection zones should be established. Suitable hearing protection must be worn at all times in these zones.
" Employees must be provided with information, training and instruction on the risks of hearing damage, the control measures in place and the use of protective equipment to enable them to continue with their tasks with the least possible damaging effect to their health.
" The employee should also understand that they have a duty to wear any appropriate hearing protection provided.

Source: http://www.pandct.com/media/shownews.asp?ID=10341

Posted by 4HL on April 7, 2006 12:58 PM


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