Ken,
OK, but you may have some issues in the future if you attempt to file a workman's compensation claim or sue for hearing damage. You should notify your employer that the company issued safety gear doesn't fit or is uncomfortable. Keep a record of that correspondence for future reference. Also, if you have periodic hearing tests, try to have your comments on the hearing protection fit and performance recorded on the test result documentation. If they don't respond to your requests, you can either get your own hearing protection and have some hearing in the future or do something else and be deaf.
Don't assume that their possible inaction constitutes liability. They warned you of the hazard, so they have fullfilled most of their responsibility. You have to play the game because you want to protect your health/quality of life and you'll never have the money to sue for what was lost.
TTG |