vibration hazards
| If you need assistance with a claim, contact injurywatch.co.uk's free, confidential legal claim support helpdesk. Anyone who regularly and frequently is exposed to high levels of vibration can suffer permanent injury.
Vibration hazards at work usually result in either:
In both cases, vibration can result in other injuries including damage to nerves, muscles and joints.
Whole Body VibrationSymptoms of Whole Body Vibration (WBV) include: fatigue, insomnia, headache and "shakiness" through to circulatory, bowel, respiratory, muscular and back disorders. WBV can be a particular risk to plant and machinery operators and cold conditions are believed to exacerbate the condition. Whole body vibration can result in:
Hand-Arm Vibration Syndrome (HAVS) or Vibration White FingerVibration White Finger is one form of Raynaud's Disease which causes the extremities to turn white and become painful or numb. There is no cure for vibration white finger. Workers at risk of VWF are those that regularly use hand-held powered tools such as concrete breakers, chipping hammers jigger picks and pneumatic drills, vibrating pokers, sanders, angle grinders, vibratory compactors, hammer drills, jigsaws and scabblers. A Medical Research Council survey in 1997-98 estimated 301,000 people suffer from vibration white finger (VWF) in Great Britain. Vibration White Finger is a prescribed disease and badly affected workers (where sufferers may find it impossible to dress themselves or drive) may be eligible for Industrial Injuries Disablement Benefit. Workers suffering relatively mild symptoms of VWF can secure compensation through the courts with recent awards secured through construction union UCATT ranged from roughly £1,000 up to £7,000 for general damages, plus further awards for loss of earnings.
Exposure to riskIn both cases, the extent of damage vibration causes to the human body depends on:
There are no specific duties that employers have to follow to reduce vibration risks at work; however, the Management of Health and Safety at Work Regulations 1999 require that the employer must carry out a risk assessment and establish controls of vibration injury risks. The Control of Vibration at Work Regulations implement the European Union’s Physical Agents (Vibration) Directive 1999 covering Vibration White Finger and Whole Body Vibration. These Regulations stipulate:
The HSE’s Vibration Calculator can be used to assist you in checking the level of vibration you are suffering. Always take legal medical and legal advice if you suffer symptoms of vibration injury caused by your work. injurywatch.co.uk's free legal helpdesk is always a good place to start.
Negligence of employersIn July 1998, the Court of Appeal upheld an award of damages to seven employees of British Coal claiming damages for Vibration White Finger (VWF). The Court of Appeal determined that after January 1976, British Coal should have implemented a range of precautions, including training, warnings, surveillance and job rotation where exposure to vibration was significant. The Court went on to consider what degree of exposure would be reasonable. They supported the standards set out in the HSE Guidance booklet Hand-Arm Vibration published in 1994, which establishes limits for vibration dose measured as an eight hour average, or A8. They considered that an exposure of 2.8 m/s2 A8 would be an appropriate level for prudent employers to use. This level of exposure would lead to a 10% risk of developing finger blanching (the first, reversible stage of VWF) within eight years. The Court also suggested a form of wording to warn employees: "If you are working with vibrating tools and you notice that you are getting some whitening or discolouration of any of your fingers then, in your own interests, you should report this as quickly as possible. If you do nothing you could end up with some very nasty problems in both hands". Under Common Law if your employer fails to provide adequate protection against vibration injuries you have a very strong case of succeeding in a claim for damages for the injuries you suffer.
Areas where an employer may be negligent include:
As always, gather the evidence:
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