The Buffalo News has an article on a lawsuit by firefighters over excessive noise from emergency sirens.
There are few things more synonymous with firefighting than the loud, anxiety-inducing siren of an approaching fire engine. But are those ubiquitous sirens also damaging the hearing of the men and women who ride the trucks?
More than 190 Buffalo firefighters think so, and have filed suit seeking damages for their injuries.
The suits, which are similar to civil cases filed by firefighters in Pittsburgh, Philadelphia and Chicago, claim the companies that made or used the sirens “knew or should have known” they were harmful.
The lawsuits – 20 are now pending in Buffalo federal court – seek an unspecified amount in damages for each of the 193 firefighters named in them. Filed in state court in September, they recently were moved to federal court by the six defendants.
“All parties are entitled to have their rights determined by the judicial system, and that applies to defendants as well as plaintiffs,” said Anthony J. Colucci III, a lawyer for Pierce Manufacturing, one of the defendants.
This is not the first time firefighters have sued over a loss of hearing. In early 2011, Federal Signal Corp., a manufacturer of fire engine sirens, announced a settlement with 1,125 firefighters represented by one of the lawyers in the Buffalo case. Under that settlement, the company offered to pay $3.8 million, but characterized the offer as a “favorable development.” The Illinois-based manufacturer cited its success in obtaining defense verdicts in cases that went to trial and its track record in getting other suits dismissed by the court. The settlement offer amounted to an average of $3,380 for each of the firefighters.
“Federal Signal has strong defenses to these claims, and we are committed to defending our siren products and litigating these cases as necessary,” said Jennifer Sherman, chief administrative officer and general counsel for the company, at the time. “Sirens are necessary public safety products and save lives.”
Bern alleges that his clients were subjected to a harmful work environment and, in court papers, suggests that several factors contributed to their hearing loss, including a truck compartment that by design invited excessive noise. He also says the compartment lacked adequate sound insulation.
In the 2011 announcement of the Federal Signal settlement, a lawyer for the 1,125 firefighters called the offer a satisfactory resolution and acknowledged the difficulty in winning the hearing loss cases.
The other defendants in the lawsuits are American LaFrance, Kovatch Mobile Equipment, Seagrave Fire Apparatus and Mack Trucks, all of Pennsylvania.
The link between noise and hearing loss in firefighters dates back decades. In 1992, then-U.S. Fire Administrator Olin L. Greene, the nation’s top fire official, said noise is probably “the most underrated health hazard” for firefighters and emergency service personnel.
More recently, a University of California study in 2007 found 40 percent of all firefighters were at risk of noise-induced hearing loss. The study of more than 400 firefighters from 35 fire departments in California, Illinois and Indiana also found that firefighters use ear protection devices – ear muffs and ear plugs – only about a third of the time.
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#1 by Mike on November 15, 2014 - 6:15 PM
Jim some of us are not as fortunate as you may be to work for an employer that actually cares about their employees. It wasn’t until the firefighters finaly got control of the forigen fire insurance money that we were able to buy them and the employer was still resistant on us getting them.
#2 by Jim on November 18, 2014 - 2:20 AM
I can see this being a mandatory thing on every piece of apparatus for the same purpose in the future .
#3 by Jim on November 15, 2014 - 5:26 AM
That department should really invest in outfitting every apparatus with headsets . we have headsets on all of our rigs for that same purpose i know if sounds so practical and tedious but it’s a simple solution to a simple problem that should have been done a while ago to prevent this problem
#4 by tom sullivan on November 13, 2014 - 3:20 PM
without getting into the merits of the case , i’ll leave that to the locker room lawyers,,, hearing loss and the common tinnitus that often proceeds / goes with it, is often preventable,, use the available and appropriate noise protection and avoidance methods. there are a lot of us , and there will be more, who deal with this.
just like scba non availability, in house diesel exhaust exposures, etc. there were and are a lot of things that can be improved. going back a “few” years there wasn’t a choice.
I will now get off the soapbox !
#5 by Jim on November 13, 2014 - 12:29 PM
Disappointing on every level that fellow brothers would stoop to this nonsense. Guess what, you work in a hazardous job full of things that *could* hurt you or cause harm. If the siren is too loud, take some personal responsibility and roll the damn window up. Plus, prove to me that you suffered the hearing loss from sirens as opposed to power tools, loud music you listen to on the way to work and a million other things you are exposed to.
Sheesh…
#6 by Fartin' Fred on November 13, 2014 - 11:43 AM
These lawsuits are a JOKE.
#7 by Crabby Milton on November 13, 2014 - 11:22 AM
Well if you suggest personal responsiblity these days, you get called a nasty old mean racist. Yes, someone else has to pay for what you need or it has to be free.
#8 by Jason on November 13, 2014 - 10:24 AM
Really?? Unless your department refuses to provide the hearing protection (headsets, etc) then it’s on you brother. Nothing is ever an individual’s fault anymore, it’s always someone else’s. That’s the way of the world these days.
#9 by Brian M on November 13, 2014 - 9:23 AM
Over the past 20 years or so, the issue of hearing protection has been addressed via such things as relocating and configuring sirens on apparatus and adding noise attenuating/canceling intercom headsets for each apparatus riding positions (these sets are typically designed to meet or exceed OSHA, ANSI, NIOSH and related guidelines). Without commenting on the litigation, I would, as a safety professional and as a firefighter, strongly advise using these headsets to protect your hearing. Officers should make sure they are used on every run. Not only can sirens be loud, but engine noise and radios produce sound levels that damage hearing. A side benefit to using these intercom headsets is that it vastly improves communication and the understanding of radio traffic (the headsets are integrated to the radio system), so it’s less likely that an order or directions are missed. And finally, who wants to loose their hearing, especially when it can be largely avoided? No job is worth that.
#10 by tom sullivan on November 13, 2014 - 9:01 AM
the roots of this problem go way back,,,, before hearing protection and conservation measures were available.
the legalities can get pretty complex on this issue.
there are thousands affected by hearing loss , it is not something you want to deal with.
#11 by Marty on November 13, 2014 - 8:16 AM
Wearing hearing protection while driving a rig or needing to hear the radio or other things is not really an option. After the Federal Signal lawsuit the air horns were generally moved from atop the cab to the front bumpers. A lot of the sirens too.
#12 by Crabby Milton on November 13, 2014 - 5:51 AM
It pains me to say it but they knew this going in. If they don’t wear hearing protection, it’s their own fault.
Reminds me of young people pre 9-11 that joined the military just to get free travel and edcuation and then are suprised that they have to go to war.