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Old 24th May 2019, 10:29
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Miles Gustaph
 
Join Date: Jun 2008
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Originally Posted by homonculus
No requirement save that all employers have an over riding duty to protect their employees from harm. If they fail to do so and employees are harmed, legal action can be successful and HSE may become involved.

Ford were criticised by the trades unions at Dagenham 20 years ago. The unions arranged for hundreds of workers to have audiograms and consultations with ENT consultants to build up a case that overall their hearing was worse than the normal population due to the noise on the factory floor. Given you are but one person, it might be worth seeking out how this action was resolved. Your employer might be interested.....
The HSE have no authority over commercial aircraft flying, their certification criteria or their safety in flight; as such as long as the aircraft remains in compliance with its type certificate then the aircraft is fit for purpose.

Perversely if an individual has a belief that the operation of an aircraft, or its equipment in flight poses a risk to their health they are required to report it through their operators reporting system, failure to do so will go against you if you pursue a claim, for example for hearing loss, in the future as you failed to give your employer the opportunity to remove you from the 'risk' and failed to take reasonable steps to protect yourself. For aircrew it's even more strict in that they are required to make a declaration at each medical for any new issues, again failure to declare will go against you and declaration may affect your employment opportunities.

Aviation safety is about protecting the integrity of the aircraft, it is not about making reasonable adaptation to each and every member of crew and each and every passenger unfortunately.
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