Gerald | Hearing loss

Gerald suffered permanent threshold shift and tinnitus after working as a photographer during a talent contest hosted by a Council. The risks of noise damage from proximity to loudspeakers at events involving amplified music are well-known, yet Gerald was obliged to spend the duration of the show in a confined space close to loudspeakers.

In a ground-breaking ruling, a judge found the Council negligent in taking no action to minimise the risks he faced, even though the noise exceeded the first and second action levels of the Noise at Work regulations. Gerald should have been warned, because the danger of hearing damage was foreseeable. The fact that he was not an employee of the Council did not affect their obligation, which the guidance accompanying the noise at work regulations makes clear also applies to visitors. Gerald was awarded damages.

This is an important clarification of the law, which reinforces the central message of Royal National Institute for Deaf People (RNID), Noise at Work campaign. Noise in the modern workplace and the risks associated with it are for real and on the increase. People working in new “noisy industries”, such as callcentres, motorbike courier services and music venues like nightclubs and pop concerts, need to be aware of the risks – and the costs of ignoring them - now.