Question 1

Does the MOD owe a duty of care to service personnel for hearing protection?

Accepted Answer

Yes. The Ministry of Defence owes a duty of care to all service personnel — both regular and reserve — to take reasonable steps to protect them from foreseeable harm, including noise-induced hearing loss. This duty arises both at common law (in negligence) and under statute (the Control of Noise at Work Regulations 2005, which apply to the armed forces). The MOD has known about the risk of noise-induced hearing damage since at least the 1960s.

Question 2

What does the MOD's duty of care require in practice?

Accepted Answer

The MOD's duty of care in relation to noise exposure requires it to: assess the risk of noise-induced hearing damage; implement a hearing conservation programme; provide adequate hearing protection; ensure hearing protection is properly fitted and used; train personnel in the use of hearing protection; monitor noise levels; carry out audiometric surveillance; and take action where hearing damage is detected. Failure in any of these areas may give rise to a claim.

Question 3

Does combat immunity prevent a claim based on MOD duty of care?

Accepted Answer

Combat immunity is a common law doctrine that limits MOD liability for acts or omissions during actual armed conflict. However, it does not apply to training accidents, failures to supply adequate hearing protection, or negligence in non-combat situations. The Supreme Court in Smith v Ministry of Defence [2013] confirmed that combat immunity is a narrow doctrine and does not extend to all military activities. Many valid NIHL claims arise from training exercises and routine service activities where combat immunity has no application.

Question 4

What are the Control of Noise at Work Regulations 2005?

Accepted Answer

The Control of Noise at Work Regulations 2005 (SI 2005/1643) implement the EU Physical Agents (Noise) Directive and apply to all employers in Great Britain, including the MOD. The Regulations require employers to: assess the risk of noise-induced hearing damage; take action to reduce noise exposure at source; provide hearing protection where noise cannot be adequately reduced; establish hearing protection zones; provide health surveillance (audiometric testing); and provide information, instruction and training. The Regulations set action levels at 80 dB(A) (lower exposure action value) and 85 dB(A) (upper exposure action value), with an exposure limit value of 87 dB(A).

Question 5

Has the MOD been found liable for NIHL in the courts?

Accepted Answer

Yes. The MOD has been found liable for noise-induced hearing loss in numerous cases. The courts have consistently held that the MOD knew about the risk of NIHL from at least the 1960s and failed to take adequate steps to protect service personnel. In Abbott v Ministry of Defence [2026], the High Court confirmed the rM-NIHL methodology as the preferred diagnostic approach for military NIHL cases. The MOD has paid out substantial sums in compensation to veterans and serving personnel over many years.

Question 6

Does it matter that I was issued with hearing protection?

Accepted Answer

Not necessarily. Being issued with hearing protection does not automatically discharge the MOD's duty of care. The MOD must also ensure that the hearing protection is adequate for the noise levels encountered, that it is properly fitted, that personnel are trained in its use, and that it is consistently used. If the hearing protection was inadequate, poorly fitted, not consistently provided, or if you were not properly trained in its use, a claim may still succeed.

Question 7

What is the significance of the MOD's Hearing Conservation Programme?

Accepted Answer

The MOD has operated a Hearing Conservation Programme (HCP) since the 1980s, which includes audiometric testing at enlistment and at regular intervals during service. The HCP records are important evidence in NIHL claims — they can show the progression of hearing loss during service and establish a causal link to noise exposure. However, the existence of an HCP does not mean the MOD has discharged its duty of care — the programme must be properly implemented and acted upon.

Question 8

Can I claim for hearing loss caused by training exercises?

Accepted Answer

Yes. Noise-induced hearing loss caused by training exercises — including weapons training, artillery exercises, and vehicle training — is a common basis for military NIHL claims. Combat immunity does not apply to training activities. The MOD has a full duty of care to protect service personnel from noise-induced hearing damage during training, and failure to do so can give rise to a claim.

MOD Duty of Care:
Hearing Loss & NIHL

Military Injury Claims on a No Win, No Fee Basis

The MOD's Legal Duty to Protect Hearing

What the MOD's Duty of Care Requires

Risk Assessment

Noise Reduction at Source

Hearing Protection

Hearing Protection Zones

Health Surveillance

Information, Instruction and Training

Combat Immunity: What It Does and Does Not Cover

Combat Immunity DOES Apply To

Combat Immunity Does NOT Apply To

Jonathan Cloudsdale

Frequently Asked Questions

Related Military NIHL Pages

Speak to a Military NIHL Specialist

MOD Duty of Care:Hearing Loss & NIHL