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Noise levels - Baker v Quantum Clothing Group and othersOn 22 May 2009 the Court of Appeal held that Quantum Clothing Group was in breach of duty from January 1978 for exposing the Claimant Stephanie Baker to noise levels of 85dB(A) or above. The Claimant was employed by a knitting company from 1971 to 1991 during which she had been exposed to ambient noise of around 86dB(A). The Claimant was provided with ear protectors in 1989. The Claimant brought her claim under the common law and S29 of the Factories Act 1961. The High Court heard this case at first instance with six other similar cases. The High Court dismissed the other six claims on the grounds of causation. It held that the remaining claim from Stephanie Baker satisfied, but dismissed her case on the basis that there had not been a breach of duty during the material time either at common law or under S29 of the Factories Act 1961. The Court of Appeal held that from 1976, with the publication of the British Standard BS 5330, the employer was liable as this standard set out clear levels for the quantum of risk from noise in the range of 85 to 90dB(A). Therefore by a reasonable time after the publication of the Standard, Lady Justice Sedley set this at around 8-9 months, any employer of an average size in the knitting industry should have protected their employees by providing them with ear protectors. As the Claimant’s employer had not taken this safeguard until 1989 they were in breach for 12 years and therefore the Claimant was awarded £3334 in damages. Following this case, it is likely that more historical claims will be brought for industrial deafness. While Claimants must still prove that their hearing loss is a result of their employment and cannot be attributed to any other cause, this case reduces the pre 1990 actionable noise threshold to 85dB(A). This is a lower level than had previously been recognised as giving rise to liability. If you would like help assessing the noise levels in your business, simply contact Advantage Health and Safety by email tg@advantagehs.co.uk |
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