Rank: Forum user 
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If a claim is submited for industrial deafness during a 2/3 year employment period during the early 80's
and no documentation now exists to disprove or support the claim, is the claim likely to be accepted on the basis of the type of working process or tooling being used?
Any quoted regulations became law after the period of employment. Can the claim be made under a general HSAWA duty?
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Rank: Super forum user
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I expect the applicant would need to show what work conditions he worked in during the period after, i.e. 1985-2013, and also the results of any hearing tests he has had during that time.
Without all that a successful claim is unlikely.
An investigation would want to determine what hobbies he may have had that might impair his hearing e.g. did he attend regular concerts/discos. Also doctor's records to determine has he suffered any accidents like a blow to the head. Any evidence like that will make a successful claim less likely.
JohnW
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Rank: Forum user
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Not a legal bod but would assume the person submitting the claim can provide evidence to the court that they were actively engaged at an activity within the organisation that could have resulted in hearing loss during that period?
Was involved in a case where the person claimed a shoulder injury was related to the work they had undertaken while employed. The equipment the person had used was no longer on the premises (had been shipped to Poland) so could not be inspected. However, photos were obtained from the Polish company of the equipment and were used along with a report that had been written nearly 5 years previously about the task that had been completed using this machine. An expert witness (ergonomist) was called to provide a statement on the probability that the task could have resulted in the injury (or at least aggravated it).
Would think this could be a similar scenario. If person could provide evidence that they did a particular task (even if the task no longer exists). e.g. they have old appraisals or something which name the task for example then could use this as evidence especially if the appraisal was signed by management.
I'd try and find out;
- Why the task was removed (automated perhaps or no longer commercially viable).
- If it is done elsewhere in the organisation (or other companies that undertake similar work. If no companies undertake this task - why is that?).
- if there have been claims upheld for the same task elsewhere
As I said, not a legal bod so not sure about the claim under general HSAWA so perhaps a quick call to a solicitor might address that one..
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Rank: Super forum user
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HASAWA is criminal law.
The person will be making a civil claim, under the tort of negligence, not HASAWA
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Rank: Super forum user 
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Paul, the Regs (1998?) merely highlighted specific duties. Employees were being made deaf well before the Regs and employers duties (under HASAWA and common law) were being breached and claims will generally succeed if they were employed in a noisy area and you have no evidence with which to defend.
If the noisy work extended over many years the claim will be apportioned between the employers in that time.
Get your insurance brokers searching for your EL insurers at that time and hand the claim over.
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Rank: Super forum user 
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HASAWA is not criminal law! What a strange assertion! I am pretty sure that HASAWA is criminal law; unless something changed overnight that I haven’t been told about!
The issues as I see it are:
1. The statute of limitations might apply if the person knew or should have known about the deafness prior to the limitation period expiring
2. I think it highly unlikely that they can rely on a breach of the regs that did not exist at the time of the alleged ‘incident’.
3. Section 47 of the HAWASA does not confer a right to civil proceeding, so I reckon that the answer to that specific question is ‘no’. They might make the claim under HASAWA but any insurer with an ounze of noddle will soon reject that one.
4. They can make a claim for a breach of a statutory duty, if one existed at the time and there is nothing within that statute that prohibits the action.
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Rank: Super forum user
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My unreserved apologies, for the first part of my post, I initially read the post above as "HASAWA is NOT criminal law".
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Rank: Forum user
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I am currently pursuing a claim for work related noise induced hearing loss against 4 employers I had in the 70s and 80s over a period of 13 years.
The burden of proof would seem to lie with the employer, not the employee, in such instances.
Due to the lack of records kept at that time by my employers, all I have been required to do is to provide a written statement of my job title and the work I undertook, particularly those tasks where I felt I was exposed to excessive noise.
My solicitor has proved I worked for these company by producing my tax records.
Non of my previous employers can produce any documentation with regards to assessing risk or in issuing appropriate PPE.
Whilst still ongoing, I am led to believe that I will be successful in my claim, with each employer responsible for a percentage of the claim pro-rata to the length of my employment with them.
Anybody need any further details, send me a PM.
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