Employers running businesses where noise is an issue may now face claims from employees dating as far back as 1978 following a recent Court of Appeal ruling in the case of Baker –v- Quantum Clothing.

Quantum Clothing was found liable for the deafness of a former employee following a detailed consideration of the case by the Court of Appeal. Baker had worked in the company knitting factory since 1971 and the court ascertained that she had been subjected to noise levels in excess of 85 decibels for a period of eighteen years. The court found that knowledge within the industry meant that the business should have been aware of the Code of Practice relating to noise levels from 1972 and should have taken measures to provide adequate protection from 1974 at the latest. The court considered knowledge at the time and allowed a period for the company to react to the Code of Practice. In reaching their decision the Court made clear that the Company could only defend the claim if it was not reasonably practicable to reduce or eliminate the risk at the relevant time and in this case adequate ear protection would have solved the problem. As in all cases involving a potential defence of “reasonable practicability” the court considered the necessary measures the Company could have taken – in this case ear protection was easy to provide and cost effective and therefore the Company had no defence.

This ruling of the Court of Appeal may have wider reaching effects for industry as it could easily be applied to other areas where the provision of simple work equipment protects employees. The ruling also widens the possibility of those in industry facing claims for exposure to low levels of noise. For business owners the case also opens up the possibility of claims for industrial injury dating back further than was previously thought possible.

Tanya Forret

Posted: September 29th, 2009 under Business Advisory Services, Business Regulation, Miscellaneous.
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