Can disclaimers or GP letters be used to not wear hearing protection?
Key points on disclaimers or GP letters being used to avoid wearing hearing protection
The duty to wear hearing protection in an area identified as a mandatory hearing protection zone is absolute. There are no exemptions given for this in either the Control of Noise at Work Regulations 2005 or in the HSE’s L108 Controlling Noise at Work (Third Edition).
The entry in the HSE’s L108 is the opposite of giving exemptions, it specifically says there are no medical exemptions.
A G.P. does not have the power or authority to over-rule this. A letter from a G.P. saying someone can be exempted from a need for hearing protection has no bearing on hearing protection use.
HR also cannot over-rule this, no matter what grounds.
Neither GPs or HR can permit noise cancelling music headphones to be used in place of hearing protection.
A disclaimer signed by an employee saying they accept the risk of hearing damage from not wearing hearing protection has no legal standing and cannot be used.
Disclaimers and hearing protection
Firstly, the employer has a duty to protect employees where they possibly can and they cannot set this obligation aside. A disclaimer doesn’t free the employer from this obligation to protect the employee if it is within their power to do so.
Also, it is not considered to be an agreement between equal parties and if it was allowed would be a massive open door for abuse. For example, assume it was legal for an employee to sign a disclaimer that they accept any risks and to then not wear any PPE. (Not only hearing protection but as if it was good for ears then it would also be good for boots, eye protection, etc.). How long would it be before more unscrupulous employers were leaning on their employees quietly saying ‘sign this and you can keep your job’?
It is simply not possible to do.
GP letter exempting someone from the need to wear hearing protection
Again, this is not possible.
A GP does not have the power to over-rule the law and does not have the authority to permit an employer to knowingly allow someone to be at risk.
All-too-often an individual produces a letter from their doctor saying they do not have to wear hearing protection, however this is irrelevant and cannot set aside the basic duty for an employer to ensure hearing protection is worn.
Extract from the HSE’s L108 stating medical exemptions are not possible.
Take this scenario - an employee walks into their GP surgery and says ‘my boss says I have to wear hearing protection but it makes me dizzy’, or ‘I find it painful and my ears hurt’. On the basis of absolutely zero knowledge of the workplace, and in 99% of cases zero knowledge of workplace safety law, the doctor quickly hands out a letter saying that person doesn’t need to wear hearing protection.
It has been written with no knowledge of noise risk generally, no knowledge of the noise risk levels in that specific workplace, and no knowledge of what hearing protection is available or possible.
It is like someone going into a GP surgery and saying ‘my back hurts when I climb the steps on a footbridge and there are loads of steps up and down where I have to cross the motorway’, so the doctor writes them a letter saying it is OK to just walk across the M1.
Without hearing protection the employee’s hearing will be damaged and the employer will still be liable for it as they have not met their basic duty for that person. It will be the employer the HSE jump on and the employer who is sued by the employer for hearing loss, not the doctor.
What to do if someone does have a genuine problem with hearing protection
The employer should firstly try different styles, muffs, banded plugs, softer plugs, etc. If none are suitable then the employee should be removed from the noise risk and given a job in a quieter area or use job rotation to minimise noise risks. If this is not possible then the person cannot be allowed to continue working while at risk, so termination of employment is the only option on the basis they are not able to work safely in the area.
FAQ: Can disclaimers or GP letters be used to avoid wearing hearing protection
Surely if hearing protection is making me feel ill or hurting my ears, I can get permission to stop using it?
No, the HSE specifically say in L108 that there are no medical exemptions. If someone cannot wear a hearing protector try another type. If they can’t wear any type of hearing protector then they have to be moved to a job where there is no noise. If there is no job which has no noise risk and they can’t wear hearing protection then dismissal is the only option as the company still cannot permit them to work there without protection.
Noises cause me stress or anxiety, can I use noise-cancelling headphones instead of hearing protection so I can listen to music?
No, noise cancelling standard headphones or ear buds are not hearing protection. That goes back to the ‘no exemptions’ part - if there is a noise risk then hearing protection has to be used. You can however use hearing protection which has Bluetooth functionality such as the ISOTunes range.
More help and advice on hearing protection at work
Article last reviewed April 2026
