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unacceptable noise

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Spike9208
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unacceptable noise

Post by Spike9208 » Wed Jun 01, 2011 1:12 am

Hi

I have this question a workplace is emmitting unacceptable noise , what are the remedies available in law?

What is the question looking for is it punishment through fines/imprisonment or under various H & S act/regs?
such as noise assessments / provision of PPE / change of work process to reduce/remove noise?

Thanks for any help on this matter

Derek

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Re: unacceptable noise

Post by HCSafety » Wed Jun 01, 2011 9:20 am

Derek - I would have thought both!

Assuming this is a question about environmental noise - i.e. noise outside the workplace? I would start off by quoting what the relevant legislation actually is and then go on to talk about the remedies available. If the question doesn't say who the remedies are available to then I'd assume that neighbour complaints is the starting point and continue from there with the remedies available to the enforcing authority. I don't think the question as you have phrased it is looking for details of HOW the noise would be reduced (i.e. details of noise reduction measures) but it certainly is looking for the requirement to put noise control measures in place as one of the remedies.

Incidentally if this is an environmental noise question as opposed to a workplace noise question then PPE is not relevant.
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Re: unacceptable noise

Post by bernicarey » Wed Jun 01, 2011 11:39 am

Spike9208 wrote:Hi

I have this question a workplace is emmitting unacceptable noise , what are the remedies available in law?

Derek
Hi Derek. You're asking 'Remedies in Law', so forget all about noise assessments, PPE etc. This question assumes the poop has already hit the fan and what action could be taken.

An understanding of the basic distinction between common law nuisance and statutory nuisance is critical to a good answer. Nuisance is broadly defined as an unlawful interference with a person's right to use and enjoy their land or with some right over or in connection with it.

A good answer should make clear reference to the common law tort of nuisance, and to the distinction between public nuisance and private nuisance.

Public nuisance is where the public at large is affected and may give rise to liability where the Courts act for the good of the community in a situation where it would be unreasonable to expect individuals to take action.
Private nuisance is where one or a number of individuals seek redress in the civil courts, which may award damages and/or demand the cessation of the nuisance.

You're looking at s79 and s80 of EPA 1990. Also, if the workplace has a permit under PPC 2000, or now the Permitting Regs 2010, there could also be action under those.

So, the EA or local authority could bring an action under legislation, which could result in fines of up to £50k on summary conviction and/or 12 months banged up, or on indictment, unlimited fine and/or 5 years, depending on which legislation was used.
A private action would of course depend on the usual civil benchmarks of Rylands v Fletcher etc. Under the s82 EPA, a member of the public can make direction application to the Magistrate's Court.

If this were a NEBOSH exam, I'd include a little bit about possible defences to the action, like taking all reasonable or practicable actions to abate the noise. That can sometimes score additional marks, even if not obviously a part of the answer.
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Re: unacceptable noise

Post by Spike9208 » Wed Jun 01, 2011 2:12 pm

Hi

Thanks for the help it makes it a lot clearer what im looking for

Cheers Derek :wave:

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Re: unacceptable noise

Post by jonsi » Thu Jun 02, 2011 10:37 am

Cracking answer Berni clapclap clapclap
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