MOD Duty of Care for Hearing Protection

What Is the Legal Framework?

The Ministry of Defence owes a common law duty of care to all Armed Forces personnel. This duty requires the MOD to take reasonable steps to protect the health and safety of service personnel, including their hearing. The duty is analogous to that owed by any employer under the Health and Safety at Work etc. Act 1974, although Crown immunity historically limited the application of some regulations to the Armed Forces.

What Are the Noise at Work Regulations?

The Control of Noise at Work Regulations 2005 (which replaced the 1989 Regulations) set out specific requirements for employers to assess noise risks, reduce noise exposure where reasonably practicable, provide hearing protection, and carry out hearing surveillance. While the Armed Forces have operational exemptions in combat situations, these regulations apply to training environments and routine duties.

What Should the MOD Have Done?

To fulfil its duty of care, the MOD should have:

• Conducted noise risk assessments for all roles and environments • Provided adequate, properly fitted hearing protection • Ensured hearing protection was worn through supervision and enforcement • Implemented noise reduction measures where practicable • Conducted baseline and periodic audiometric testing • Trained personnel on hearing risks and protection use • Acted on known risks associated with specific weapons and equipment

What Are Common MOD Failures?

Many military hearing loss claims succeed because the MOD failed in one or more of these areas. Common failures include: not providing hearing protection at all during certain exercises, providing protection that was inadequate for the noise levels involved, failing to enforce the use of protection, not conducting hearing surveillance, and failing to act on warnings about specific equipment or environments known to cause hearing damage.

How Is Negligence Established?

To establish MOD negligence in a hearing loss claim, it must be shown that: the MOD owed a duty of care (which is generally accepted), that duty was breached by a specific failure, and that breach caused or materially contributed to the hearing loss. Expert evidence on noise levels, adequacy of protection, and the medical link between exposure and damage is typically required.