2. MUSICIANS UNION - BRITAIN MU has been pressing for better protection for those in the music & entertainment industries for many years – particularly as the cases of noise damage to musicians have been increasing Discussion around the proposed new European Directive on Physical Agents – Noise gave opportunity to progress this Debate in the Music & Entertainment Industries about the Directive led to some employers organisations arguing that music and entertainment should be excluded MU in conjunction with FIM argued for inclusion but recognition of the particular practical difficulties for the industries As a result the final Directive gave Music & Entertainment 2 additional years before implementation to prepare specific Codes of Conduct to assist achievement of the new standards

3. In most industries noise is an unwanted by-product of processes. For music & entertainment it is the main product. If there is an established standard above which damage and hearing loss occurs, that standard must apply to performers as much as anybody. It is certainly true that musicians are as affected by hearing loss, if not more so, as any other categories of worker. The nature of the work undertaken means that exercising noise control is a very complex problem. Where amplification is used the techniques, if not the practice, is generally very much simplified. There are a number of methods of reducing noise levels and exposure but in most live situations a mix of approaches taking into account the specific circumstances is usually needed.

4. MU saw the 2 year period as a relatively short opportunity to make strides in tackling the challenges facing the industries HSE responded and set up a Working Party to look at the response required – this represented relevant social partners Subsequently two sub-groups were established covering “Live” and “Recorded” areas Regular meetings have been held and an initial draft, bringing together many different inputs, reached – this is still too soon to go beyond the Working Party At an early stage it was agreed that where good work had been done elsewhere this should be incorporated and adapted for our document Many international sources proved helpful but in particular work done in Australia, Canada and New Zealand

5. Input from FIM members has been of great assistance to the MU in understanding practice across Europe and beyond Because this is a European standard such sharing of experience is very important

6. Some key questions have to be resolved about the national documents being prepared The Directive calls for a Code of Conduct drawn up in each country and the advocates of this wording very much saw something along the lines of the British documents called Codes of Practice These have a very specific status in health & safety law which forms a basic indication of standards rather than just general guidance It appears crucial, in order to make this new standard work in the music & entertainment industries, such clear Codes are laid down The other area, which came up constantly in the discussions before the Directive was finalised, was enforcement Proper and effective enforcement by national safety authorities is a key component of ensuring musicians hearing is protected

7. Many interesting ideas are being examined, for example - Balancing pieces in a concert to control noise exposure Positioning of musicians on a stage Forms of ear plugs where appropriate Raising awareness of students at an early stage Pre-assessment of acoustic characteristics of venues Even educating conductors!

8. Small venues with short time engagements present particular difficulties High proportions of self-employed or freelance musicians present others Ideas being looked at include each musician having as part of their kit a noise dosemeter – used at rehearsal, practice and performance

9. Time is short before the new standards are applied to music & entertainment and it is important that each nation is drawing up its national Code We need to learn of the existing good practices achieved in different countries – and the ideas that have failed We need to get enforcing authorities to start formulating how they will deal with this challenging new standard The responsibility is to protect those who work in the industries

10. PRESENTATION TO SOCIAL DIALOGUE COMMITTEE “LIVE PERFORMANCE” PLENARY MEETING by MUSICIANS UNION – BRITAIN 25 January 2005

11. PAULINE DALBY – BRITISH MUSICIANS UNION Safety & Learning Officer was unable to attend this plenary Presentation by ROGER SUTTON GFTU Health & Safety Specialist who is working with BMU on the Noise Directive Both are members of the HSE Working Party drawing up the British document for Music & Entertainment