A shift operator with the ESB yesterday withdrew his High Court action against the company for damages for alleged work-related deafness.
Counsel for the ESB said Mr Bernard Farrell (59), was withdrawing his claim and was also withdrawing allegations of negligence and breach of duty against the company. Mr Justice Johnson struck out the action, which had opened on Tuesday and was due to continue yesterday. A number of other claims by ESB personnel alleging worked-related deafness have been in preparation for hearing at later dates.
Mr Farrell, of Broadford Drive, Balinteer, Dublin, was not in court for yesterday's announcement. It is understood each side will pay its own costs.
Mr Farrell started work at the ESB's power station in Poolbeg, Dublin, in 1968/69. He claimed he was not provided with ear protection at the start of his service.
The court heard on Tuesday he had worked on the commissioning of a 120 mv generator and in 1977 worked on a new 270 mw generator and also worked on boiler rooms, turbines, turbine drainage systems, oil coolers and compressors.
Mr Farrell, in evidence, said he was first issued with ear muffs in 1987 and always used them. They were upgraded about 1995. In 1992 and 1995, hearing tests were carried out on him but he was never given the results. In 1997, he was sent to the Mater Hospital for further tests but was not told the result. In 1998, a person from head office said he had "industrial damage" to his hearing.
During cross-examination, Mr David Hardiman SC, for the ESB, asked Mr Farrell if he had been aware of yellow signs stating "moderate zone" and showing a cartoon of a head with muffs which said a worker present in that zone beyond two hours should wear ear muffs. Counsel said an ESB witness would recall the signs being erected in 1977 and perhaps earlier. Mr Farrell said he could not remember that far back.
Mr Hardiman produced a photograph of a blue sign similar to the yellow sign but urging "wear ear muffs at all times". Mr Farrell said he could recall seeing the signs.
Counsel said noise regulations came into effect in 1975 and that was the reason the signs were present in Poolbeg. The ESB had witnesses who had directed the purchase of ear muffs from the mid-1970s.
Mr Farrell agreed there were areas designated by either blue or yellow painted floors. Mr Hardiman said these appeared around the same time as the signs. In reply to the judge, Mr Farrell agreed he had not appreciated until giving his evidence that a blue area was more severe than a yellow area.
Mr Farrell said it was not brought to his attention that a noise survey was carried out in 1978 and that areas between 90 and 96 decibels were to be coloured yellow and areas from 96 to 120 decibels were to be coloured blue.