Musician wins landmark ruling in UK court over ruined hearing
Of interest to orchestral musicians, and others, this decision was handed down today in the U.K. High Court:
Why this isn't front page news on this site is beyond me. American musicians, specifically on Broadway have been complaining (and suffering) about this for decades, ever since the development of the rock-pop musical in the 60's and 70's. Something needs to be done, and this is a great first step. After all, just because someone is a professional artist or athlete mean that they have to sacrifice their health and well being for their art, or sport. They have as much right to basic levels of health as the rest of us.
Actually, I think this decision is bad news for orchestras and professional musicians. (And even amateurs who play in community orchestras.) The plaintiff in this case used ear plugs, and efforts had been made to mitigate volume. There was evidence that there were other possible causes of his hearing loss, but the judge did not accept that evidence. The end result will be increased pressure on insurance rates, and quite possibly a growing reluctance to offer liability coverage to orchestras at any price. The likeliest consequences of this decision are fewer orchestras and fewer jobs.
I'm pretty confused on why people don't just use musician's earplugs if volume is an issue. When I was in orchestra I had to use a full earplug in my left ear because I was RIGHT in front of the brass, but I didn't know about musician's earplugs back then. The problem with wax earplugs is they blocked too much sound and threw everything off.
I agree 100% with David Waterman.
Orchestral managers must (should) have been lying awake last night.
According to the report, the plaintiff was exposed to sound levels of about 130dB. This is comparable to that of a military jet taking off. Persons in the vicinity of such an aircraft will wear specialized protective ear coverings to protect them from the physically dangerous sound levels, and I seriously doubt whether musicians' ear plugs would give any significant protection. Btw, I worked in the aero jet engine industry for several years.
It is an interesting and very valid idea to rethink of an orchestra as a safe environment for its workers...not just as the outcome of the optimum organisation of its constituent elements in the production of sound.
What's notable here is that it wasn't just that he was wearing musician's earplugs. It's also that there were sound baffles already installed in the pit, and the opera also claimed that musicians were seated with both audience and noise levels in mind.
I am with Tammuz. In addition, when such dispute takes place, I'm always ask who the little guys are in need of help and with whom I stand. Musicians, young and old, are not always in the best situation to protect their own health and wellbeing due to the rigorous ways of training, expectations, competitive nature of the business, let alone all the stress they are under... I don't think it's reasonable to expect that their self-care will be sufficient without external/societal support. Of all the professionals I know and have worked with, orchestra musicians seem to take on a lot more physical and emotional stress than many. It's not uncommon to see chronical injuries sufferred by players as young as in their early 40s. It's heartbraking to see these professional musicians popping painkiller on a daily basis just to keep up with their work.