Personnel Today
  • OHW+
  • 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
  • Jobs
  • Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • 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
  • Jobs
  • Personnel Today

Health and safetyOccupational Health

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

by Ashleigh Webber 17 Apr 2019
by Ashleigh Webber 17 Apr 2019

The Royal Opera House has lost an appeal against a landmark ruling which found it liable for a musician’s severe hearing loss.

Last year the High Court found the ROH had contributed to Christopher Goldschieder’s “acoustic shock” because it had failed to act on complaints about noise levels from musicians after the orchestra had been rearranged during a rehearsal in 2012.

Hearing loss

Wake up to hearing loss in younger workers

Time to listen up on age-related hearing loss

The new seating arrangement saw Goldschieder, who played the viola, sat directly in front of the horn section with the “bell” of a trumpet close to his ear.

Although he was provided with earplugs, Goldschieder claimed they did not offer sufficient protection from the noise levels, which were comparable to that of a jet engine on occasion. Furthermore, the earplugs did not allow musicians to hear the finer elements of the music they were playing.

Following the rehearsal, Goldschieder was diagnosed with high-frequency hearing loss, which has affected his personal life and has meant he has been unable to return to work as a musician.

After further complaints about the configuration were made, the ROH adjusted the orchestra’s layout to reduce prolonged exposure to high volume.

On appeal, the ROH argued that the hearing protection it offered its musicians was consistent with industry guidance. It claimed it was up to individuals to wear the earplugs provided, as the only way to enforce their use would involve staff members standing next to musicians as they were performing, which would be impractical.

The Court of Appeal judges unanimously dismissed its appeal, but agreed that it was not reasonably practicable for musicians to wear their earplugs at all times, or to require the ROH to enforce their use.

They agreed with the High Court’s judgment that the orchestra pit should be a designated “hearing protection zone”, with signs informing musicians and staff that hearing protection should be worn.

Judge Sir Brian Leveson also dismissed suggestions that the case would likely have ramifications on the wider music industry  – mainly because few venues would have the same space and configuration constraints as the ROH.

“What the case does underline is the obligation placed on orchestras to comply with the requirements of the legislation (having had two years within which to prepare),” the judgment says.

“It emphasises that the risk of injury through noise is not removed if the noise – in the form of music – is the deliberate and desired objective rather than an unwanted by-product (as would be the case in relation to the use of pneumatic machinery).

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“The national and international reputation of the ROH is not and should not be affected by this judgment.”

You can read more about the ROH hearing loss case in this month’s issue of Occupational Health & Wellbeing magazine.

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former 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.

previous post
Wellbeing interventions have minimal effect on long-term health and cost
next post
Outsourcing: How the IWGB nearly overturned collective bargaining rules

You may also like

Uncertainty over law hampering legal use of medical...

20 May 2025

Employers ‘worryingly’ ignorant about stress risk assessments

20 May 2025

Awareness weeks fuel spike in demand for mental...

19 May 2025

Healthcare workers prioritise mental health support in new...

12 May 2025

Two-thirds of school leaders suffering mental ill health

6 May 2025

‘Healthy work’ about much more than access to...

28 Apr 2025

Tool developed for employers to calculate cost of...

28 Apr 2025

Why employers must do more to support all...

24 Apr 2025

How to help employees quit vaping before new...

22 Apr 2025

NHS urging people to check for cancer warning...

22 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • OHW+
  • 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
  • Jobs
  • Personnel Today