People who worked in the construction industry would have been exposed to heavy plant machinery, jigger picks, wacker plates and kangos to name just a few of the tools that produced dangerous levels of noise. Many of these workers also went on to have further medical conditions such as hand arm vibration syndrome.
What was my employer required to do?
Prior to 1963 in most instances employers can argue that they were not required to provide you with any hearing protection. and no liability will attach to them. This means that you cannot seek compensation for exposure to noise prior to 1963 in nearly all cases.
However in 1963 when most employers were sent a copy of a Health and safety Leaflet called “Noise and the Worker”. From this date employers had to ensure that protective hearing equipment was issued to workers who worked for than 8 hours a day in noise over a certain level. As the noise levels increased the period of time to which you could be safely exposed to certain levels of noise reduced.
Various legislation was brought into affect to safeguard workers from hearing loss right up to 2005. In summary employers where required 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 noise reduction cannot be achieved through other methods;
- Make sure the legal limits on noise exposure are not exceeded;
- Provide employees with information, instruction and training;
- Carry out health surveillance where there is a risk to health.
- In many cases employers did little to ensure the safety of their employees and often simply provided an occasional pair of ear plugs without training, guidance or assessing their suitability.
Due to these failings WE Solicitors have been successful against a number of bodies and companies in the industry including:
- Bethell Civil Construction Ltd
- Kilroe Civil Engineering Ltd
- P & N Daly Ltd
- Sir Robert McAlpines
- Alfred McAlpines
- George Wimpey PLC
- Norwest Holst Group PlC
- Coventry Sheet Metal Co
- United Utilities
- Carrillion Construction
If you worked in this industry and are concerned about you hearing then contact us today.