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Noise Induced Hearing Loss Compensation Claims

What circumstances may lead to a Noise Induced Hearing Loss (NIHL) compensation claim?

Workers at special risk of hearing damage (industrial deafness) are usually those in heavy productive industry, such as metal work, drilling and quarrying, stone cutting, or the use of noisy machinery, as in textiles, printing, wood cutting, transportation and agriculture. Noises above 90 dB, as measured with special instruments that are electronically weighted to mimic loudness functions of the human ear, are likely to cause damage to a proportion of the exposed population with continued exposure. Very high levels may cause damage after relatively short periods, even when the noise is intermittent. This may be illustrated by the frequent finding of hearing loss in people who have fired guns as an occasional hobby, as well as in people who are exposed to noise of lower levels but more constantly, such as those working on construction sites or in other industrial locations such as mines.

The harmful effects of noise are cumulative and not, of course, confined to the workplace. The use of personal stereos and frequenting of discos has resulted in young people having some early damage to hearing before they even start work.

How can NIHL be prevented?
Employers in particular owe a duty to their employees to minimize their exposure to high levels of noise. If they fail to discharge any of their duties to an employee and that employees suffers hearing loss then it is possible that a claim for compensation can be made.

Several measures can and should be taken in a hierarchical order: Assessment of exposure, using tools and equipment which generate a lower level of noise, segregation and insulation, appropriate work practices and personal protection such as ear muffs and ear plugs. As well as steps to protect workers from noise, many companies now carry out regular audiometry.

The most reasonable way to protect the ears is to generate less noise in the first place, by better design of machinery and equipment.

Secondly steps should be taken to insulate the machinery to reduce the noise that it emits and to segregate people from it (i.e. to keep them away).

People should work in areas where they are not exposed to high levels of noise. The same goes for leisure activities (e.g. discos and raves).

Remember the 'two metre rule' - if you find it difficult to communicate with a workmate at this distance because of noise, then probably the intensity is high enough to damage your hearing.

At a personal level it is possible to protect the ears with ear muffs and/or ear plugs. If you must work in an excessively noisy environment, you should wear protectors. You should also wear them when you are using power tools, noisy yard equipment, or firearms.

Personal habits are also important especially in avoiding high exposures to noise resulting from the use of so called "personal stereos".

Ear plugs are small, often torpedo nose shaped synthetic inserts, that are fitted inside the outer ear (canal). For them to work properly they should be of the appropriate shape, and correctly inserted. They may cause irritation especially if dirty. They are usually disposable and will not fit properly if repeatedly re-used.

Ear muffs fit over and around the outer ear, as shown in the accompanying image. They too need to be appropriately fitted with correct headband tension, and avoiding glasses or hair which will impair the seal and hence the protection.

Hearing protection may attenuate noise by between 15 and 30 dBA. The use of combined ear plugs and muffs is controversial.

As with all personal protection - this is the last line in the protection hierarchy. Appropriate low noise machinery/ processes must be in place, then followed by insulation and segregation to attenuate the workers' exposure to noise.
Ear protection: Problems

The main problems are:
- Undue reliance on personal protection without adequate steps to reduce noise exposure at source
- Inappropriate personal protection - because of poor choice, incorrect fitting or inadequate maintenance.
- Hearing protection not worn as constantly and consistently as it should be.

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