Alec Samuels discusses when Wagner became ‘too loud’
- Employers of musicians must pay particular attention to noise levels.
- The duties of the employer are to be found in the Control of Noise at Work Regulations.
In Goldschreider v Royal Opera House Covent Garden ROHCG [2019] EWCA Civ 711, [2019] All ER (D) 116 (Apr) the claimant was a professional orchestral musician, a viola player, playing in the Royal Opera House (ROH) orchestra.
They were rehearsing Wagner. The claimant was sat immediately in front of the brass, the trumpets. As he was playing he suddenly felt distinctly unwell, dizzy, he could not hear. No noise levels were taken, though subsequently estimated to have been about 90 dB, and no advice to wear ear protectors had been given. He was off work for a while, he attempted to return, again the noise made him feel ill, he could not hear, he could not play, he had to abandon his career as a musician.
Noise control
The duties of the
