Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

DisabilityLatest NewsHealth and safetyCase lawOccupational Health

Royal Opera House to appeal against musician’s hearing loss ruling

by Ashleigh Webber 22 Oct 2018
by Ashleigh Webber 22 Oct 2018 Amer Ghazzal/REX/Shutterstock
Amer Ghazzal/REX/Shutterstock

The Royal Opera House has been granted permission to challenge a landmark High Court ruling in favour of a musician who suffered hearing loss at a rehearsal.

It will take its appeal against the Goldscheider v Royal Opera House decision to the Court of Appeal, as law firm BLM argues it has significant consequences for the live music sector and its ability to recruit musicians.

Noise regulations

What kind of hazards might exist in a workplace?

Specific health and safety hazards

In March, the High Court ruled that the Royal Opera House had contributed to viola player Christopher Goldscheider’s hearing loss when it failed to act on complaints about noise levels following a change in the way the orchestra was arranged in rehearsal in 2012.

Although earplugs had been provided, the court found they offered insufficient hearing protection. It was left up to musicians whether they wanted to wear them or not.

It was found that Goldscheider suffered “acoustic shock” in his right ear, despite wearing 25dB earplugs. He claimed he suffered from periodic imbalance and was unable to work as a musician as a result of this.

Justice Nicola Davies found that it should have been compulsory for all of the orchestra to wear ear protection at all times. BLM, which is representing the Royal Opera House, said this was despite it being unanimously accepted by witnesses and Goldscheider that this was not practical as it made it impossible to hear some parts of the music.

The judge also ruled that an orchestra pit should be a “hearing protection zone”, for which the Control of Noise at Work Regulations 2005 would apply.

In its appeal, the Royal Opera House will argue that it took active steps to minimise prolonged exposure to high volume, having worked with the Health & Safety Executive to produce “Sound Advice” guidance for the music and entertainment sector; implementing control measures such as sound absorption and reflection equipment; and providing musicians with earplugs.

It will also claim that the music peaked at a volume “well below” that specified under the Control of Noise at Work Regulations 2005.

BLM said the High Court’s judgment “brutally hammers the square peg of the 2005 regulations into the round hole of performance sound production” and would also have an effect on music produced in other sectors, such as schools, local authorities and community groups.

Nigel Lock, partner at BLM, said: “It is so important to anyone taking part in live music – whether a school choir, a concert, a stage show, or a performance at the Royal Opera House – that we have been granted permission to appeal the High Court’s decision.

“We were always confident the Court of Appeal would agree an appeal had reasonable prospects of success, and are looking forward to making our case, and seeking to put an end to the limbo that live music producers, and musicians and performers have found themselves in since the first instance decision was handed down.”

Ashleigh Webber
Ashleigh Webber

Ashleigh is editor at OHW+ and HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport magazines, touching on some of the employment and wellbeing issues experienced by those in road haulage.

previous post
CBI: Businesses losing patience as Brexit talks stall
next post
Directors must pay £2m in landmark whistleblowing case

1 comment

Avatar
Janet Horvath 24 Oct 2018 - 2:18 am

Thank you for the article. I was associate principal cello of the Minnesota Orchestra for three decades when I too suffered an acoustic shock, also when wearing the ER 25dB reduction earplugs, leading not to a devastating noise-induced hearing injury called hyperacusis—when tolerance to all sound is broken down. It is a very painful condition where normal sounds seem to be “turned on high” so as to be intolerable such as dishes clattering, beeping grocery store scanners, a baby crying, traffic noise, laughter at a gathering, bustling restaurants, and even one’s own voice. It feels as if a knife is pirouetting in your ear. Living in our noisy environment becomes intolerable and playing music, impossible. Mr Goldscheider’s hyperacusis is a life-changing and devastating injury and he is not alone. This injury must not be minimized. For more information see my article in TheAtlantic.com “A Musician Afraid of Sound”. I feel it’s time we all addressed our toxically noisy society and the expectations of the public that musical events ought to be deafeningly loud.

Reply

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Home working enabled more with arthritis to stay...

28 Jun 2022

Third expect no access to mental health support...

28 Jun 2022

Lack of sick pay forcing two-thirds to work...

27 Jun 2022

Cost of living could lead to ‘pandemic sized’...

27 Jun 2022

Thousands unable to access local stop-smoking support

27 Jun 2022

Managers unsure how best to support cancer return...

24 Jun 2022

Employers urged to offer fast-track long Covid support

24 Jun 2022

Health interventions seen as unimportant by employees: research

23 Jun 2022

Finding answers to OH’s capacity conundrum

22 Jun 2022

NHS England launches growing occupational health and wellbeing...

21 Jun 2022

  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today