The piping of loud music through speakers or the use of radios also playing at high volume on factory floors, assembly plants, garages, building sites and other industrial units has long been a feature of many traditional workplaces throughout the UK. Often company vans can have their in cab radios turned to excessive levels – and with windows rolled down – in earshot of nearby work crews.

Constant exposure over a continuous period of time to excessive music volume levels intended to drown out assembly line, heavy machinery or engine noise have also been responsible for causing hearing damage and ultimately, industrial deafness.

However, the Control of Noise at Work Regulations, introduced in 2005, was intended to comprehensively address the protection of company employee hearing by placing clear responsibilities on business employers and their managers. In addition, disregard or neglect of the regulations could mean personal injury claims being made by employees affected by the consequences of noise induced hearing loss sustained as a result of exposure to excessive sound levels at work.

The regulations stipulate the actions needed to be taken by company employers to protect all personnel against excessive noise levels, such as carrying out statutory risk assessments, provision of adequate ear defenders, implementation of hearing protection zones and noise control equipment, and the clear labelling of noisy machinery.

However, one unexpected consequence has been the decision by numerous businesses to completely ban the playing of music altogether and the prohibition of the use of portable radios in factories, offices, building sites and elsewhere.

Ironically, the awareness of health and safety issues and the financial penalties of non-compliance have not only resulted in a ban on radios they have also highlighted the excessive noise levels present, which the high volume music had originally endeavoured to mask!

Thus, the employer’s obligation to take decisive remedial action to prevent employee hearing loss from exposure to loud machinery or equipment, will still need to be enacted despite removing the first noise layer, i.e. playing of loud music.

Although personal stereos are not affected by the regulations, they are also often prohibited on health and safety grounds due to reduced concentration and being unable to hear work colleagues speak or listen out for potential problems with malfunctioning equipment.