Theo Huckle reports on industrial diseases & employer liability
The Supreme Court heard argument in Baker v Quantum last month. The case, arising from the Nottinghamshire and Derbyshire Deafness Litigation, concerns employer’s liability for noise induced hearing loss (NIHL) caused by long-term occupational noise exposure.
Miss Baker worked as a sewing machinist within the Coats group from 1971 to 1989 when she was provided with and wore ear plugs. The following year the Noise at Work Regulations 1989 (SI 1989/1790) provided that employers must at least offer hearing protection to those exposed at 85 dB(A) (the accepted average of sound levels taken over the main human hearing frequencies) averaged over the standard eight hour working day, with mandatory provision above 90 dB(A).
Adopting “action levels” of this type is, however, somewhat simplistic, since much depends upon the length of time in weeks and years to which the person is exposed to the particular noise level. In the case of sewing machinists like Miss Baker, the period was commonly a working life of 25
