A shift operator at the ESB's power station in Poolbeg in Dublin has taken an action for damages for alleged work-related deafness against the company. The action, which opened at the High Court yesterday, may be the first of several.
Mr Bernard Farrell (59), of Broadford Drive, Ballinteer, Dublin, who started work with the ESB in 1968-69, claims he was not provided with ear protection at the start of his service.
The court was told he worked on the commissioning of a 120Mw generator and in 1977 worked on a 270Mw generator. The areas outside the control room were noisy, it was claimed. He had worked on boiler room turbines, turbine drainage systems, oil coolers and compressors.
Mr Farrell, in evidence, said he was first issued with ear muffs in 1987 and always used them. They were upgraded around 1995.
In 1992 and 1995, the ESB carried out hearing tests, but he was never given the results of his, he said. Following a test by the company in 1997, he was sent to the Mater Hospital in Dublin for further tests but was not told the result of these either. In early 1998 an official from head office told him there was "industrial damage" to his hearing.
Mr Farrell said he took steps to find out the position for himself following complaints by his wife that he was not hearing the phone. It was recommended that he get a digital hearing aid. He felt he should have been told of his condition by the ESB.
Mr David Hardiman SC, for the ESB, asked Mr Farrell if he had been aware of yellow noise signs which stated "Moderate zone", showing a cartoon of a head with ear muffs. Counsel said the signs indicated that a worker present in the zone for over two hours should wear ear muffs. An ESB witness would recall the signs being erected in 1977, and perhaps earlier.
Mr Farrell said he could not remember that far back and could not remember seeing the signs.
Mr Hardiman produced a photograph of a blue noise sign similar to the yellow sign but with the legend "Wear ear muffs at all times". Mr Farrell said he could recall seeing those signs.
Mr Hardiman said noise regulations came into effect in 1975 and that was why the signs were introduced in Poolbeg. The ESB had witnesses who had seen ear muffs and who had directed their purchase from the mid-1970s. There were ear muffs lying around the control room and available for Mr Farrell to wear if he had seen the signs.
Mr Farrell agreed there were areas designated by either blue or yellow floors. Mr Hardiman said the blue or yellow floors appeared around the same time as the signs. In reply to Mr Justice Johnson, Mr Farrell agreed he had not appreciated until giving his evidence that a blue area was more severe than a yellow area. He interpreted blue as being the turbine area and yellow as the boiler house.
Mr Farrell said he had never been checked by a supervisor for not wearing ear muffs. It was not brought to his attention that a noise survey was carried out in 1978 and that areas between 90 and 96 decibels were to be coloured yellow, and areas from 96 to 120 decibels blue.
The hearing continues today.