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In May, the court of appeal reached a decision in an industrial noise test case.
A lady worked for 20 years in a hosiery factory packing stockings and developed hearing problems. The noise she was exposed to was at lower levels than is usally accepted for liability. However the court held that exposure to noise at 85 decibels was not safe and that by failing to provide hearing protection to its workers, companies were liable under section 29 of the factories act 1961, for damage to hearing The judge said:
“I am quite satisfied that an area where the ambient noise was 85 decibels would have seemed noisy to anyone entering it…The respondents to this appeal would also have discovered that they had some workshops where the noise levels were less than 90 decibels but were in the range between 85 and 89. The department where Mrs. Baker worked was one such.”
Stella Holden a lawyer at Atteys, says "the court found that employers were under a statutory duty to do what was "reasonably practicable" to eliminate the risk of harm. Ignorance of the law is no defence. Ear protectors could easily and cheaply have been provided. The significance of the case is that the man or woman who worked in factories amongst moderate noise levels between 1978 and 1990 now had the right to claim compensation for their hearing loss.
If you believe you have a personal injury claim call Stella Holden on 01302 762900 for further advice.
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