header-logo header-logo

A fair hearing?

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll