The case related particularly to acoustic shock – a short-term high-intensity exposure to damaging noise levels. It also covered issues that re-emphasise the responsibilities on employers to protect employees.
As a result of the judgement, the Union is advising employers to review their health and safety procedures. For example, it is crucial that noise risk assessments are carried out in workplaces, and that the resulting action plan is also carried out.
We have written to major employers, engagers and contractors of musicians – and also the appropriate trade bodies, such as the Association of British Orchestras and UK Theatre – to remind them of their responsibilities under the Noise Regulations.
In the context of those Regulations the term ‘Employers’ includes, for example, concert promoters, record labels, orchestra managers, event organisers, theatrical producers and contractors.
Even if you are not employed in a strict legal sense, your engager will most likely have a legal responsibility to protect you from injury while you’re working for them.
Noise regulations
Employers must:
- Assess the risks to employees from noise at work.
- Take action to reduce the noise exposure that produces those risks.
- Consult employees and their representatives (MU Safety Representatives/Officers) on measures taken to reduce noise exposure.
- Provide employees with hearing protection if the noise exposure cannot be reduced enough by using other methods.
- Make sure the legal limits on noise exposure are not exceeded.
- Provide employees with information, instruction and training.
- Carry out noise health surveillance where there is a risk to health.
Employers are also advised to:
- Ensure their documented health and safety policy makes clear the specific noise responsibilities of staff from senior management downwards.
- Ensure their health and safety policy specifies the arrangements for managing noise risk assessments and controlling the risk.
- Communicate this policy to their staff, management colleagues, boards and trustees.
Having reviewed best practice from across the sector, our experience indicates that noise exposure can be most effectively reduced when employers:
- Carry out noise risk assessments whenever there is a significant change to a show or programme, including the music played or the layout of the orchestra or pit.
- Carry out noise risk assessments in situations where repertoire and layout are the same at every session (for example in the West End) in rehearsals and early performances, and then review on a regular basis to ensure that no major changes have occurred.
- Maximise the use of space and spread musicians out as much as possible. This can assist in reducing noise exposure as well as injuries and other problems that occur when musicians are working too closely together in a cramped physical space.
- Look at various measures that can reduce exposure to noise, including booths, screens, baffles, etc.
- Limit noise levels in rehearsals and reduce noise exposure wherever possible. This may involve educating conductors and music directors as to the risks of over-exposure to noise, and ensuring they are aware of their responsibilities to the musicians they work with.
- Limit amplification of music where possible.
The Noise Regulations also state that employers should include consideration of “appropriate work schedules with adequate rest periods.” Many Union Agreements provide for breaks and these should be properly observed.
This list of measures is not exhaustive and we are asking employers to explore any other reasonable avenues open to them.
Hearing protection
Hearing protection is one method which can be used by musicians when they need it. However, we are reminding employers that this is a last resort and only to be looked at after all other avenues to minimise noise levels have been exhausted.
Musicians have developed various techniques to practically utilise hearing protection. However, employers should not rely on this to free them of their duties towards you.
Given the very specific circumstances facing musicians, which are totally different to those using hearing protection in other industries, we are advising employers that careful planning and thought needs to be given to the best ways of ensuring appropriate use.
In that process the employer has to have regard to the practical needs of players. Where the Regulations stipulate hearing protection is necessary, employers should ensure a process of education and encouragement is in place, rather than take a prescriptive approach.
That is why we are emphasising that employers should explore all other methods of reducing noise exposure before looking at hearing protection.
For those who do need to hearing protection, in particular freelance musicians, the MU provides a Hearing Health Scheme in partnership with Help Musicians UK and Musicians Hearing Services.
The scheme costs a one-off payment of £30 for Musicians’ Union members. Those signed up will receive assessment and hearing protection worth almost over £300 in their first year of membership, and an automatic call back every two years for a £20 audiological assessment (saving £268).
Where a musician is employed, we would encourage employers to cover the cost of hearing protection when musicians need it.
If you are exposed to risk
Within the judgement, the option for a musician to remove themselves from a workplace where they believe they are exposed to risk was stated.
If you have any concerns about noise exposure in your working environment, or you believe your employer or engager is failing in their duties towards you, then please contact the Union via your Regional Office.
Similarly, please contact us if you require guidance on dealing with an employer’s approach to hearing protection.
If you are working in an environment, such as the West End or an Orchestra, where there is an MU Steward or Health and Safety Representative in place, then it is advisable to speak to them in the first instance.