Establishing fault for diagnosed industrial deafness at a particular workplace rather another in today’s ‘loud’ world, is deemed very necessary, as hearing loss compensation cases will revolve around issues of proving employer negligence.

Even though, exposure to excessive loud noise is always possible in many different environments away from work – even at home, statistically, the workplace is far more likely to be the cause of hearing damage. A successful claim outcome is reliant on establishing a causal link between the workplace and noise induced hearing loss.

The Noise at Work Regulations 1989 had been the statutory legislation to which employer were responsible for compliance, recently updated to the Control of Noise at Work Regulations 2006, and extended to the previously exempt, music and entertainment industries in 2008.

Seeking to establish fault due to employer neglect of responsibilities looks at whether the following had been followed, as stipulated:

-Suitable risk assessments undertaken.
-Personal protective equipment provided.
-Quietest technology available used.
-Hearing damage prevention policy implemented.
-Safe working systems established.

Implementing a policy for preventing hearing damage within a heavy engineering site, manufacturing plant, fabrication, assembly or light industrial factory, should provide for a programme of fitting silencers and the sound insulation of noisy machinery. In addition, it should be standard for the separation of noisy machinery from main work areas so as to reduce the risk of causing hearing loss to other employees in the workplace.

Records should also be maintained which provides a detailed log on the employer’s use and provision of suitable earplugs and ear defenders according to each individual risk assessment requirement. Evidence that points to negligence of complying with some or all of the above obligations could be evaluated as providing the grounds for establishing fault and proving entitlement to receiving industrial deafness compensation.