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04 May 2018 / Jonathan Clarke
Issue: 7791 / Categories: Features , Health & safety , Employment
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A rehearsal too far

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A drama at the opera has turned the spotlight on the music industry’s legal obligations to protect musicians. Jonathan Clarke talks to Susan Ghaiwal

  • The first known case of a professional musician claiming damages for injury resulting from the loudness of the music which he and/or his fellow musicians played.

The recent case of Goldscheider v Royal Opera House Covent Garden Foundation [2018] EWHC 687 (QB), [2018] All ER (D) 09 (Apr) is the first known case of a professional musician claiming damages for injury resulting from the loudness of the music which he and/or his fellow musicians played. The decision clearly demonstrates that health and safety legislation (in this case the Control of Noise at Work Regulations 2005, (SI 2005/1643)) applies to all employers, including those in the music and entertainment sectors. The employer’s duty to ensure the employee’s health and safety at work is not subservient to considerations of artistic excellence. ‘The Regulations recognise no distinction as between a factory and an opera house’ (para [207] of the judgment).

The case

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