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Noise is one of the most widespread and underestimated of industrial hazards. Exposure to loud noise can cause permanent hearing damage but can also result in temporary hearing loss. Even if hearing seemingly recovers after a few hours, temporary deafness should not be ignored as it is a sign that continued exposure could cause permanent damage.

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Permanent hearing damage is usually progressive and caused by prolonged exposure to noise, but it is possible for it to be caused by a single, sudden, extremely loud or explosive noise. The extent of deafness due to workplace noise may only become obvious when combined with normal hearing loss which results from aging. If your condition has been caused or exacerbated by noise in the workplace, you may still have a strong foundation on which to make a personal injury claim

Hearing loss caused by exposure to noise at work continues to be a significant occupational disease. Tinnitis (a ringing, whistling, buzzing or humming in the ears) is a typical hearing symptom and the condition can result in disturbed sleep. Recent research suggests 170,000 people in the UK suffer deafness, tinnitus or other ear conditions as a result of exposure to excessive noise at work.

Legal requirements

Employers have a legal duty to reduce the risk of hearing damage to the lowest level reasonably practical. If noise levels are more than 85dB(A) then noise assessments must be made and the employer must inform employees if ear protection is necessary. Provision of ear protection is the responsibility of the employer.

But HSE indicates there are over a million workers exposed to potentially damaging noise levels of between 80(dBA) to 85(dBA); 696,800 workers are exposed to 85 decibels(dBA) to 90(dBA), and 438,300 workers are exposed to more than 90(dBA).

Because noise hazards may affect a number of people in the workplace they may be suitable for group actions.

Factors contributing to hearing damage are the level of noise and how long people are exposed to the noise, daily and over a number of years.

Noise in the workplace is covered by the Noise at Work Regulations 1989 which will be replaced in 2006 when the European Physical Agents (Noise) Directive is transposed into UK regulations.

The regulations set a hierarchy of action levels at which certain requirements will apply. Basic good practice requires that employers eliminate noise by designing it out, isolating it by using enclosures or other measures, but if this is not possible, and as a last resort, and where other methods are not possible, the provision and use of hearing protection for example ear plugs or muffs will be required.

Noise assessment

If noise is a real hazard in the workplace your employer is required to conduct, and regularly review, a noise assessment which aims to:

• identify the workers at risk from hearing damage;
• determine the daily personal noise exposure (L_EP,d) of workers;
• identify additional information to comply with legislation (ie whether noise controls or hearing protection are needed, and, if so, where, for whom, and what type.

In most cases employers are required to reduce their employees exposure to noise by methods other than by providing hearing protection.

Always take legal medical and legal advice if you, or a loved one, suffer from deafness caused by workplace noise. injurywatch.co.uk's free legal helpdesk is always a good place to start.

Areas where an employer may be negligent include:

• failure to adequately tackle immediate noise risk (eg by providing ear protection)
• failing to use quieter processes or equipment
• failing to use engineering controls
• failing to modify the paths by which noise travels
• failing to design the place of work for low noise emission
• failing to limit employee time spent in noisy areas ( every halving of the time spent in noisy areas will reduce exposure by 3dB)

As always, gather the evidence:

• see a doctor - even if your hearing loss seems minor. Hearing loss is progressive and the extent of deafness may not be apparent straight away
• talk to others suffering similar circumstances. A group action may be preferable to claiming on your own
• keep a dossier. Include a diary recording all the details of the your hearing loss, who you saw and all the expenses or losses you incurred, including receipts
• record the circumstances in the workplace that might have affected your condition
• gather personal details of all the people who suffered similar conditions in the workplace
• gather information (backed up by witness statements from others) as to how long the noise problem had remained unrectified.
• note and detail any measures (such as provision of personal protection equipment) which had been taken to diminish the risk
• note and detail any measures (such as failure to sound insulate extremely noisy processes or adoption of bad work practices) which exacerbated the risk
• if the injury results from a continuously noisy environment, your legal team will put together a noise report which details the conditions you suffered.