ECJ 19 May 2011, cases C-256/10 and C-261/10 (Fernández), Health and safety

The Directive 2003/10 must be interpreted as meaning that an employer in a company in which the workers’ daily noise exposure level exceeds 85dB, measured without taking account of the effect of individual hearing protectors, fails to fulfil its obligations by simply providing the workers with such protectors.

The Directive does not require an employer to make an extra payment to workers who are exposed to a noise level above 85dB, measured without taking account of the effect of individual hearing protectors. However, national law must provide appropriate mechanisms to ensure that such workers can require the employer to take preventive measures.