Case study
Success Story: How Kays Medical Helped a Manufacturing Company Avoid a HSE Improvement Notice
Success Story: How Kays Medical Helped a Manufacturing Company Avoid a HSE Improvement Notice
Substantial Changes in NIHL Legal Landscape: What Employers Need to Know
Recent changes to the legal landscape surrounding workplace noise exposure are set to significantly impact employers. These changes are predicted to lead to a tidal wave of litigation, resulting in a massive increase in the costs of claims for work-related noise-induced hearing loss (NIHL) and higher insurance premiums.
Understanding NIHL and Its Implications
Noise-induced hearing loss (NIHL) is a serious condition that affects millions of workers worldwide. It is caused by prolonged exposure to high levels of noise, which can damage the delicate structures within the ear. While NIHL is often associated with hearing loss, recent research has highlighted its broader health implications, including increased risks of dementia and Parkinson’s disease.
Little-Known Facts About NIHL:
- Avoidable Damage
- The latest revised best practices can prevent noise-induced damage. Employers can implement effective noise control measures to protect their workforce.
- The latest revised best practices can prevent noise-induced damage. Employers can implement effective noise control measures to protect their workforce.
- Health Risks:
- NIHL affects more than just hearing; it significantly increases the risks of dementia and Parkinson’s. Studies have shown that individuals with NIHL are up to five times more likely to develop dementia and have a 57% increased risk of Parkinson’s.
- NIHL affects more than just hearing; it significantly increases the risks of dementia and Parkinson’s. Studies have shown that individuals with NIHL are up to five times more likely to develop dementia and have a 57% increased risk of Parkinson’s.
- Economic Impact:
- Higher risks of unemployment, early retirement, and accidents. Workers with NIHL are more likely to face challenges in their careers, leading to economic instability and an increased likelihood of workplace accidents.
Changes in Legal Guidelines
Previous guidelines (Coles, Lutman, and Buffin, CLB, 2000) for assessing whether an employer should be held liable for an employee’s NIHL were based on the results of Pure Tone Audiometry (PTA), and any noise exposure below 85dB(A) was discounted. However, new guidelines (MLC 2022) for assessing whether an employee should be awarded damages from their employer for their NIHL are likely to herald a dramatic change. These guidelines take into account nerve damage not assessed by PTA, with no lower limit on noise exposure. This opens the door to compensation claims for exposures to noise at work as low as 75dB(A).
Recent Research Highlights:
- NIHL can increase the risk of dementia by up to five times and Parkinson’s by up to 57%.
- It leads to higher risks of unemployment, early retirement, and accidents.
Impact on Employers
Consequently, settlement costs for NIHL from affected workers are expected to balloon, as will the costs of insurance for high-risk working environments. In a recent court case (Barry v Ministry of Defence, 2023), the judge awarded the claimant a settlement of £713,716 by taking into account not just PTA results, but synapse damage, earnings (past and future), general damages (suffering past and future), and other costs. This case is therefore the ‘canary in the NIHL costs mine.’
How Kays Medical Can Help
Kays Medical offers on-site audiometry testing in a mobile medical unit, providing proactive health management to mitigate these risks. Our services ensure compliance with updated regulations and help prevent NIHL through early intervention and expert medical support. By partnering with Kays Medical, employers can protect their workforce and reduce litigation risks.
For more information on how Kays Medical can support your occupational health needs, please contact us at oh@kaysmedical.com