What The Appeal Of A Brazilian

Chile. Multan concessionaire for noise pollution during highway construction

Excessive noise at work should be reduced, according to the EU Court

ABC - 05/19/2011 - Brussels, May 19 (EFE) .-

companies where the noise level exceeds the limits set in EU legislation are required to have specific programs to reduce decibels, according to today ruled

Court of Justice of the European Union after

demand

two employees of Palencia .

If the level of daily exposure of workers noise exceeds 85 decibels ,

not enough supply of hearing protectors, but should implement a specific program to limit the impact, according to the statement, issued after the lawsuit brought by two workers.

The Court has stated that the Directive applicable, which sets minimum standards for the protection of workers from risks arising from exposure to noise, does not penalize the employer with the obligation to pay a salary supplement if breach of safety obligations. The statement refers to cases of Pedro Antonio ML and David BF, workers Gerardo Garcia Company Ltd., which produces a range of products from natural stone. Because the noise level in their jobs exceeded the daily average of 85 decibels, the company gave them a personal hearing protection equipment to reduce the sound below 80 decibels. workers brought actions against the company and demanded payment of a salary supplement under a collective agreement for the construction sector in the province of Palencia , which recognizes the right to charge extra when the conditions of the post " , are particularly painful, toxic or dangerous. " In

both cases, the Labour Court rejected the demands , saying that it must take into account the effect of noise attenuation provided by the protective equipment to determine if the conditions of the job had to be considered painful.

Workers appealed the convictions to the Superior Court of Justice of Castilla and León, which referred to the European judges several questions on the interpretation of Community law

. In its ruling today, the Court states that the Directive , 2003 establishes a hierarchy of employer obligations.

first mentions the

employer's obligation to implement a program to reduce noise exposure when workers are exposed to a level exceeding 85 decibels, measured without taking into account the effects Hearing of helmets.

Second, and only when that program is not possible to reduce noise exposure, European legislation provides the additional obligation to make available to the individual hearing protectors workers.

Third and finally, the rules lay down specific obligations if the use does not allow guards to avoid exceeding the exposure limit values \u200b\u200bmeasured taking into account the effects of the use of hearing protectors individual.

The statement indicates that legislation does not regulate or paying a salary supplement for such cases , or whether you can or should be taken into account the effect of individual hearing protection to determine the noise exposure threshold that gives rise to the obligation to pay the said salary supplement.

However, the Court considers that national law should establish mechanisms to ensure that a worker exposed to excessive noise levels may raise the company's compliance with the obligations

preventive. EFE

Technical Guide

Evaluation and prevention of risks related to exposure to noise

(National Institute for Occupational Safety and Health at Work)