Martin Bourne, a factory worker from Gwent, has won his case against his former employer Corus UK Llanwern Works Plant on account of the excessive noise he was exposed to while at work. Bourne had worked at the plant as a foreman for over thirty years, but was only given hearing protection in the final three years of his employment. The excessive noise which Bourne was exposed to has left him with severe hearing difficulties, which according to his solicitors, Thompsons, is irreparable.

Bourne is quoted as commenting: "If I’d known I would have problems later on in life I would definitely have worn ear protection. It may sound odd now, but the only thing me and my colleagues would put in our ears were the ends of cork tipped cigarettes."

The Control of Noise at Work Regulations 2005 (Noise Regulations 2005) require employers to prevent or reduce risks to health and safety from exposure to noise at work. The Regulations require you as an employer to:

• Assess the risks to your employees from noise at work
• Take action to reduce the noise exposure that produces those risks
• Provide your employees with hearing protection if you cannot reduce the noise exposure enough by using other methods
• Make sure the legal limits on noise exposure are not exceeded
• Provide your employees with information, instruction and training
• Carry out health surveillance where there is a risk to health

The Regulations do not apply to:

• Members of the public exposed to noise from their non-work activities, or making an informed choice to go to noisy places
• Low-level noise that is a nuisance but causes no risk of hearing damage

You should start by reading up on noise in the health and safety section of our law guide. You should also use our Health and safety compliance review and policy creator (if you haven't already) to conduct a risk assessment for noise in your workplace if this is an issue for your business.