header-logo header-logo

09 December 2010 / Theo Huckle KC
Issue: 7445 / Categories: Features , Personal injury
printer mail-detail

A fair hearing?

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll