Now hear this

Noise at Work Regulations (2005) which came into force on 6 April 2006. The Health and Safety Executive (HSE) estimates that an extra 400,000 workers are now included in the Regulations. There are several types of industrial deafness that can result from intense noise, including temporary hearing loss, permanent hearing loss and acoustic trauma. Hundreds of thousands of workers risk their hearing every time they enter the workplace, be it mining, manufacturing, the leisure industry, transportation and work involving headsets or in particularly noisy areas.

The Noise Regulations aim to ensure that workers' hearing is protected from excessive noise at their place of work, which could cause them to lose their hearing and/or to suffer from tinnitus (permanent ringing in the ears).

The Association of British Insurers figures show that although deafness accounted for approximately 80 per cent of occupational disease claims up to 1997, the number of cases then fell, probably because of the decline in heavy industry. However, as a result of these new Regulations, many employers and contractors (especially lighter industry and manufacturing) are included in the new Regulations and worryingly they are still not complying.

Exposure levels

The level at which employers must provide hearing protection and hearing protection zones is now 85 decibels and the level at which employers must assess the risk to workers' health and provide them with information and training is now 80 decibels. There is also an exposure limit value of

87 decibels, taking account of any reduction in exposure provided by hearing protection, above which workers must not be exposed. These are both are significant shifts from the previous position.

The impact on the vast majority of (light industry) blue collar construction workers is that they are likely to be exposed to levels which exceed the second action level which is now 85dB(A) and as a consequence they should be subject to a mandatory system of hearing protection.

Duties on employers

Employers have a vital role to play in reducing as much as possible, the level of noise, before resorting to hearing protection for the workers. The Regulations require an employer to:

• assess the risks to employees from noise at work;
• take action to reduce the noise exposure that produces those risks;
• provide employees with hearing protection if they cannot reduce the noise
• exposure enough by using other methods;
• make sure the legal limits on noise exposure are not exceeded;
• provide employees with information, instruction and training; and
• carry out health surveillance where there is a risk to health.

The simplest way to protect workers' hearing from noise damage is to generate less noise in the workplace. This can involve purchasing quieter machinery, preventing metal-on-metal impacts, stopping machinery from vibrating against other surfaces and fitting silencers where possible. Another method of noise reduction is to prevent the noise from reaching the workers. This can be achieved by separating the area where noise is being produced from as much of the workforce as possible, with the use of screens and noise absorbent materials on the walls and floor.

The next step is to provide and train staff to use hearing protection. These can be ear defenders, earplugs, and semi-aural inserts which provide a sound barrier to dramatically reduce the amount of sound entering the ear.

The consequences for companies who do not comply with their responsibilities under the Regulations are potentially serious and costly. Most importantly, employees will have their hearing impaired or lost as a result of their breaches. The HSE can issue firms with improvement notices and in the long term, they will be exposed to claims by present (and former) employees. As a result there will be the knock on effect of increased employer's liability insurance premiums and damage to their reputation. Firms cannot afford not to take these Regulations on board.

Duties on employees

Employees have a duty to protect themselves and as such must wear protective equipment where provided and be fully trained on its use. Failure to wear adequate protection when provided could result in disciplinary action for non-compliance. Firms should ensure that training in this area is documented and that the documents are retained safely for future use.

Occupational disease claims

Claims management companies, whose purpose is to source and market personal injury work, are now looking closely at disease claims. This has meant that occupational disease claims such as deafness has seen a significant increase in the past five years a trend which will continue as long as organisations fail to comply with their duties.

These claims are difficult to defend since the evidence of training and equipment provision is often at least five to 10 years old. Thus it is crucial that organisations keep records of noise surveys, equipment and other evidence of proof of compliance centrally for many years. A change in personnel, a company takeover or storing documentation at different sites means losing health and safety documentation. The firm may have complied with its duties, but would be unable to prove it with evidence.

On average deafness claims occur from around four to five years after exposure. If companies fail to take on board the requirements under the Regulations we can expect to see a high level of claims around 2010. The protection of employees is paramount: get this right and everyone benefits.