Kellett v British Rail Engineering Ltd: QBD 3 May 1984

The relevant level of noise exposure above which a reasonable employer should take protective steps was of direct relevance in the early case of noise-induced hearing loss.
Held: There had been exposure for long periods initially in the period 1946 to 1955 below 90dB(A) and then in the period 1955 to 1979 above 90dB(A), and proceeded on the basis that ‘The level of 90 is generally recognised as being a figure above which it is necessary for precautions to be taken’. That was the basis on which it was accepted that the defendants, who had taken no precautions until 1979, were negligent.


Popplewell J


Unreported, 3 May 1984

Cited by:

CitedBaker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.

Health and Safety

Updated: 02 May 2022; Ref: scu.440367