Charlie lectured at Heriot-Watt University for many years on noise-induced hearing loss, and at the University of Strathclyde on how to conduct workplace noise assessments.
He was an examiner on the Institute of Acoustics’ Diploma in Acoustics and Noise Control, and its Certificate of Competence in Workplace Noise. This academic experience, together with over 40 year’s consulting in occupational deafness and workplace noise, means we are very well qualified to advise you on your case.
Since the start of his career, in 1983, Charlie has worked on dozens of occupational deafness and noise induced hearing loss cases. These have involved a wide range of industries, including construction, metal forging and working, wood working, printing, bottling, chemicals, plastic production and manufacture. He has also consulted on several cases involving gun fire and alarms.
Most cases on which Charlie has consulted have been in Scotland, but he has worked on several in England, one in Croatia and one in Kenya!
Whilst most cases settle out of court, Charlie has appeared twice in the Court of Session and more recently in Edinburgh Sheriff Court. On all these occasions he performed well under cross-examination, with one being conducted by the eminent John Campbell K.C.
Most instructions to consult on occupational deafness claims come from the pursuing or defending solicitor, though some come from health and safety managers, insurers or trades unions.
For fairly obvious reasons it would not be appropriate to list those companies or individuals with whom we have worked defending, or pursuing, occupational deafness claims. We have worked many times with Simpson & Marwick over the years. This firm has used Charlie’s expertise on all their noise induced hearing loss claims since the late 1980’s.
Other firms which we have advised are:
This work has, to date, been carried out by Charlie himself. He is, however, keen to get his colleagues Peter Dunlop and Sandy Lamb involved in occupational deafness as it is very interesting and stimulating. The first stage in the process is to visit the premises in which the machines, tools or processes which are alleged to have caused the damage are located. The noise to which the pursuer was exposed will be measured. The noise levels will be combined with the durations of exposure to determine the pursuer’s daily personal noise exposure level, LEP,d. This can then be compared to the limits given in The Control of Noise at Work Regulations 2005, the Noise at Work Regulations 1989, the Code of Practice for reducing the exposure of employed persons to Noise, or even Noise and the Worker. This comparison leads to a conclusion as to whether the noise exposure has been excessive. If required, we can work out what are called noise immission levels, and from these the probability of a certain level of deafness being attained as a result of a given noise exposure history.
It is quite often not possible to measure the noise of the machines, tools or processes to which the pursuer was exposed. This may be because the factory has closed down, relocated or the machines, tools, etc replaced with more modern ones. In this situation we can draw on Charlie’s experience of noise levels measured in similar factories over the years, together with published data on the noise affecting the given occupation. All that can then be used to estimate the pursuer’s daily personal noise exposure level and take the case on from there as described above.
We know, from what we have seen and heard, that our service is better than that offered by the few other companies willing to take on this type of work. The reasons for this follow.
Whilst, in this type of work, there is not normally a tight timescale, we can, if necessary, carry it out within a week or two of being instructed. If we say we will get the report to you by a certain date, we will.
Charlie has been cross-examined in the Court of Session twice and performed well on both occasions, as noted by the instructing lawyers. He has also been cross-examined in other courts and several public inquiries, and has dealt with the questions perfectly well.
Some other acousticians present evidence in a manner which they think will assist the client. We believe that this is not the role of the expert witness. Doing this can leave the client exposed should the evidence be tested in court. Indeed, one member of the legal profession told Charlie that he would not use one of the other acoustic consultants because his evidence had never stood up under cross-examination.
Having considered the case, we will provide you with an opinion as to whether the pursuer’s hearing has been damaged by the noise exposure. We will give you this opinion, whether or not it is helpful to the defence, or pursuit, of the claim. In the past some lawyers have not liked this! We, however, do this even though it may curtail the case and our fees. We think it is fair and may save the trades union, or insurer, money in the long term.
We use a Brüel & Kjær Hand-held Analyzer Type 2250. Brüel & Kjær is the “Rolls Royce” of acoustical instrumentation, and the 2250 is the most accurate and reliable hand-held sound level meter available on the market. The use of a less accurate instrument could have serious financial implications if, based on poor results, a client is advised to pursue, or defend, a case based on inaccurate noise levels. Further, the results of measurements made with this instrument stand up in court.
Our fees are competitive we give discounts for long term and retained commissions.
If we provide a quotation we will stick to it. That is what you pay, regardless of how long it actually takes us to carry out the work. In some cases, however, it is not possible to provide a fixed fee, but we can provide an estimate.
There are very few, if any, acoustic consultants in Scotland willing to take this type of work on.
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