The Gazette 1990

GAZETTE

JANUARY/FEBRUARY 1990

would be better not to burden the individual, who may have other medical problems that are unre- lated, with this particular informa- tion. If this individual goes on to develop frank asbestos related disease, the fact that he was unaware of the earlier development may lead him to seek help at a much later date. When did it become known generally? The cases of mesothelioma which I referred to earlier came to the notice of medical science in a series of articles in reputable medical journals. In 1963 there was one, in 1964 there was another one, 1965 there were 56 and numbers in excess of this in each year there- after for some time. Downstream from this it seemed to be general knowledge by the time I studied occupational health at the London School of Hygiene in 1971. When does it become general knowledge for employers and for workers? Noise induced hearing loss Noise induced hearing loss is also an occupational disease of great significance in this area. Occupa- tional deafness is not due to damage to the ear drum and small bones of the ear. It is a "nerve- deafness". This means that it affects the nerve carrying mes- sages received from the ear to the brain. This is also known as "sensori neural deafness". From the point of view of its develop- ment, the important thing about noise induced hearing loss is that we can measure the possible effects of a particular noise dose on a given population with great accuracy. From the point of view of " I t will take again between 10 to 30 years for a significant disability from noise induced hearing loss to develop. At what stage should the individual have known that he has been injured?" the individual, however, it means that he does not notice that he is going deaf at first. It is only high tones in conversation or in music that are affected at first. Gradually, as the condition develops, the deaf- ness starts to spread into the lower frequencies affecting the conversa- tional range of hearing. It is at this 26

THE IRISH SOCIETY FOR EUROPEAN LAW

The following persons were elected as Officers and members of the Executive Committee of the Irish Society for European Law at the Annual General Meeting held on January 17, 1990. President: The Hon. Mr. Justice Brian Walsh.

Vice Presidents: The Hon. Mr. Justice T. F. O'Higgins The Hon. Mr. Justice A. O'Keeffe The Hon. Mr. Justice D. Barrington

Mr. Vincent Landy, SC Mr. Finbarr Murphy, BL

The President of the Incorporated Law Society of Ireland The Chairman of the Bar Council

Ex Officio

Chairman:

Mr. Eamonn G. Hall, Solicitor. Mr. Arthur F. Plunkett, B.L. Ms. Ann C. Walsh, Solicitor.

Vice-Chairman: Hon. Secretary: Hon. Treasurer:

Mr. Patrick J. C. McGovern, Solicitor.

Ms. Margaret Barry B.L. Ms. Nuala Butler, B.L. Ms. Fionnuala Kilcullen, B.L. Mr. Jeremy Maher, B.L. Mr. Kieran Mooney, B.L. Mr. Michael G. O'Beirn, Solicitor. Mr. Aindrias 0 Caoimh, B.L. Mr. James O'Reilly, S.C. Mr. Vincent J. G. Power, B.L.

further re inforced by the imple- mentation of European Directives on noise and asbestos in the near future. A recent development which will be of considerable help to sorting out the problem of occupational disease cases is the Law Reform Commission Report: "The Statute of Limitations: claims in respect of latent personal injuries", published in 1987. • •This is the edited text of a paper delivered to The Medico-Legal Society of Ireland.

stage that he begins to notice that he can't hear conversations in noisy pubs or other public places. It will take again between 10 to 30 years for a significant disability from noise induced hearing loss to develop. At what stage should the individual have known that he has been injured? The National Industrial Safety Organisation had short advertisements running on R.T.E. which should have informed some affected workers. I should mention that both noise and asbestos are covered by current regulations enforced by the Depart- ment of Labour and these will be