Employment Lawyers Can Answer Your Employment Law Questions
, my name is ***** ***** it is my pleasure to assist you with your question today.
Whilst the current Noise at Work Regulations 2005 came into force in 2006, they only replaced existing legislation, which was the Noise at Work Regulations 1989. So similar laws were already in place before the latest Regulations were introduced and it would have covered the period of employment that this employee had with you.
You would have been required to keep details of noise assessments until a further noise assessment was carried out. Once the employee has left the business, there is no statutory obligation to keep the records specific period of time but it is recommended that they are kept permanently as some personal injury claims could take years to develop and bring forward.
As to the time limit to claim, this would be 3 years from the date the condition was initially diagnosed, so even if the employment dated back years but the effects of the noise exposure at the time have only just become obvious, the employee may still be in time to claim if they were diagnosed with this condition in the last 3 years.
Hope this clarifies your position? If you could please let me know that would be great, thank you
thanks Ben, your response has been helpful. just to clarify, whilst I understand your comments regarding the employees records being kept after they have left the business am I expected to provided PPI purchase Orders & safety committee minutes going back to 1999?
legally - no