Hearing regulations to prompt waive of compensation claims

Hearing regulations to prompt waive of compensation claims
As an insurer underwriting claims you are under a duty to warn your insured that employers have been warned to take serious measures to protect their employees hearing in preparation of the Control of Noise at Work Regulations 2005, which came into force on the 6th April 2006. Firms may be bombarded with compensation claims if they fail to take appropriate steps in adhering to the regulations.
Hearing loss is one of the most serious occupational diseases. As an insurer you should check that your insured is taking appropriate steps to prevent such compensation claims arising.

Occupational Noise Induced Hearing Loss
Employers should be made aware that hearing loss is usually a gradual process, due to prolonged exposure to noise. However extremely loud or explosive noises, such as cartridge-operated machines, can cause an immediate hearing loss. This means that claims may not arise until after the damage has been caused.  Employers should know that preventative measures now could prevent a bombardment of compensation claims arising in the future years

Regulations
The new regulations mean that employers have a legal duty to cut down noise and protect their employees from ay possibility of harmful effects of noise at work.

Regulation 4 – Exposure levels
A lower exposure to noise value is set at 80db and upper value at 85db. Average noise levels reaching a worker's ears should never be above 87 db. The regulations require the employer to average out the exposure to noise over a one-week period instead of the current normal eight-hour period, in situations where the noise exposure varies on a day-to-day basis. Employers must decide if weekly exposure is relevant or not.

Regulation 5  - Risk assessment
An employer who carries out work which may expose employees to noise at or above a lower exposure action value have to carry out a suitable and sufficient risk assessment of that noise The risk assessment should identify the measures which need to be taken to meet the requirements of these Regulations. An employer should take appropriate action if it is discovered by this assessment that the employee is being or is likely to be exposed to such noise.

Regulation 6 - Elimination or control of exposure to noise at the workplace or at least reduce the risks.
This may include establishing and implementing a programme of organisational and technical measures

Regulation 7- Hearing protection
Hearing protection available upon request to any employee who is exposed or may be exposed to noise. .

Regulation 8 - Maintenance and use of equipment 
Employers should ensure that anything provided by them in compliance with their duties under these Regulations or for the benefit of an employee is fully and properly used and maintained in an efficient state, in efficient working order and in good repair.

Regulation 9 - Health Surveillance
 If an employee is exposed to noise employers must ensure that such employees are placed under suitable health surveillance. A health record must also be kept by the employer for any employee who undergoes health surveillance.

Regulation 10 – Information, instruction and training
Where employees are exposed to noise employers must provide suitable and sufficient Information, instruction and training.

Measures
As an insurer you can inform employers that the following measures should be taken:

• Old noisy machinery should be replaced with newer, quieter models and enquiries should be made about noise levels of machinery before equipment is purchased.

• Noisy machinery should be kept in a separate work area.
•  Materials to absorb sound should be installed.
•  Equipment should be regularly maintained.
• Protective equipment should be provided where noisy machinery is being used.

Checks should be in place to ensure that employees do not spend longer than necessary in a noisey working environment or appropriate quite areas should be provided within the workplace

 Conclusion
As an insurer you are ought to check that your insured is taking action to put precautionary measures in place. Strict checks of your insured’s rigorous compliance with the regulations will not only prevent compensation claims but also allow you, the insurer, to better defend any potential claims that may still arise. A productive approach by the underwriter at the outset of a policy would be beneficial to both you and the insured. You would be in a better position to defend the claim and your insured will benefit from a reduction in their premium.