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A critical analysis of the current South African occupational health law and hearing loss.


ABSTRACT: BACKGROUND:Occupational health laws must recognise the constitutional requirement of substantive equality, and its role in 'the progressive realisation' of the rights provided by Section 27. OBJECTIVES:Our main aim is to review current South African occupational health law (vis-à-vis workers' constitutional rights) in relation to hearing loss. We focus on gaps in the law regarding occupational hearing loss in South Africa. METHOD:Our review of legal texts relies on experience as a methodological device augmented by the use of a critical science. Guided by literature or evidence synthesis methodologies, South African primary and secondary laws were reviewed along with unpublished (non-peer-reviewed) grey literature. An established six-step framework guided our thematic analysis. A semantic approach aided the critical interpretation of data using the Bill of Rights as a core analytical framework. RESULTS:Four themes are discussed: (1) separate and unequal regulatory frameworks; (2) monologic foregrounding of noise; (3) minimisation of vestibular disorders; and (4) dilution of ototoxic agents. The highly divided legal framework of occupational health and safety in South Africa perpetuates a monologic 'excessive noise-hearing loss' paradigm that has implications for the rights of all workers to equal protections and benefits. There is a need to harmonise occupational health and safety law, and expand the scope of hearing-protection legislation to include the full range of established ototoxic hazards. CONCLUSION:Occupational audiology is dominated by efforts to address noise-induced hearing loss. A 'noise' despite the reality of workers' exposures to a range of ototoxic stressors that act synergistically on the ear, resulting in audio-vestibular disorders.

SUBMITTER: Manning WG 

PROVIDER: S-EPMC7136813 | biostudies-literature | 2020 Mar

REPOSITORIES: biostudies-literature

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A critical analysis of the current South African occupational health law and hearing loss.

Manning Warren G WG   Pillay Mershen M  

The South African journal of communication disorders = Die Suid-Afrikaanse tydskrif vir Kommunikasieafwykings 20200324 2


<h4>Background</h4>Occupational health laws must recognise the constitutional requirement of substantive equality, and its role in 'the progressive realisation' of the rights provided by Section 27.<h4>Objectives</h4>Our main aim is to review current South African occupational health law (vis-à-vis workers' constitutional rights) in relation to hearing loss. We focus on gaps in the law regarding occupational hearing loss in South Africa.<h4>Method</h4>Our review of legal texts relies on experien  ...[more]

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