Acoustic shock


In a landmark case in March 2018, the High Court found the Royal Opera House (ROH) was responsible for failing to provide protection for the hearing of its musicians and causing acoustic shock to former viola player Chris Goldscheider. 


Acoustic shock is caused by the sudden onset of unexpected noise, often delivered at a very intense frequency. The case, Goldscheider v The Royal Opera House [2018] EWHC 687 (QB), is unusual because the court carried out a detailed examination of the music industry’s legal obligations to protect the hearing of musicians. Musicians’ union (MU) health and safety specialist Roger Sutton says previous cases have tended to be settled out of court before reaching a full hearing.


It is also the first time the courts have recognised acoustic shock as a compensatable condition. The ROH had argued acoustic shock did not exist and, instead the musician had developed a natural hearing problem, Meniere’s disease, at a rehearsal of Wagner’s Ring Cycle in September 2012. 


Goldscheider claimed he was forced to give up his work as a professional musician after his hearing was “immediately and irreversibly damaged” by exposure to very high noise levels during the rehearsal. He was sitting directly in front of the orchestra brass section. He claimed the ROH had breached its obligations under the Control of Noise at Work Regulations 2005 and the judge found in his favour.


His solicitor said the case was significant and would “send shockwaves” across the music business because the industry “has considered itself exempt from the same regulatory requirements as all other sectors because of the artistic nature of its output”.


The MU said it was working through the implications of the judgement before reaching clear conclusions.


“At present I can say that we welcome any decisions that increase the protection of musicians and raise the importance of such protection in workplaces,” Sutton told Labour Research magazine. “However, we are also aware of the various challenges to ensure adequate protection whilst performing live music. I don’t want to see the imposition of blanket responses by employers but to get flexible and imaginative approaches developed.”


He points out that unlike other industries, where noise is an unwanted by-product, in the entertainment sector, noise is the product.


“The judgement raises a number of inter-related matters that need to be looked at in detail,” he added. “That process must include the musicians themselves.” 


The ROH was considering whether to appeal following the judgement.


The problem of acoustic shock is not limited to the music industry. Members of the communications union CWU have received out-of-court settlements for hearing damage caused by acoustic shock while wearing telephone headsets. The public and commercial services union PCS provides detailed guidance for its call centre members on its website. 


Health and Safety Executive (HSE) advice on acoustic shock can be found on its website at together with more general advice on controlling noise in the music industry.

Advice for those working in the music and entertainment industries can also be found on the Sound Advice website at: www.soundadvice.info. It has been produced by a working group including the MU, the actors’ union Equity and the General Federation of Trade Unions.