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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll