Hearing Protection and Music!

[Keith1983]

I've had a search and can't find this on the forums anywhere!

I've had a request from an employee in our factory environment to wear hearing protection with built in bluetooth, and noise cancelling technology that can connect to their phones and play music.

I'm not against this as long as the volume of the music they are playing is not a hazard itself. I will be checking that the volume they are capable of playing at is below the first action level in the noise regs.

My slightly bizarre query is, that if we allow these and some operators listen tot he radio through them, do we still need to have a public broadcasting license like we would if we were playing the radio through loudspeakers into the factory?

[Alexis]

I asked Mr G and this came up Keith.

"AI Overview

No, a company generally doesn't need a public broadcasting license for employees listening to radio through headphones, as this is considered personal and not a public performance. However, if the music is played publicly, a music license is required.

Here's a more detailed explanation:

Personal Use vs. Public Performance:
If employees are listening to radio or music through headphones, this is considered personal use and doesn't require a public performance license.

Public Performance Requirement:
If a business plays music for its employees or customers through radio, TV, or other devices, it is considered a public performance and requires a music license.

Music License:
A music license, such as TheMusicLicence from PPL PRS, grants the right to play music publicly.

Copyright Infringement:
Playing music in public without a license is considered copyright infringement.

Exceptions:
There are some exceptions to the music licensing requirement, such as for educational establishments or when music use is covered by a non-charging policy"

[Keith1983]

Thanks Alexis,

I have opened discussions with the rest of the management team today as I have established the position from a compliance perspective. The outstanding question now is do we believe this will have a negative effect on the quality and quantity of the output of the operators.

[WillPool]

Keith1983

Have you considered distraction, by music?

We had an incident where someone was too busy singing to the music (with eyes closed, for effect and imaginary microphone) and banged into a pillar in the office. Minor injury, ego and pride more damaged than anything else, but maybe something to consider?

Will

[Messy]

Don't forget whether the person can hear the fire alarm sounder, especially at times when they are alone (late working/in the loo)

[witsd]

...Unless the premises already has beacons, in which case they wouldn't be at any more of a disadvantage than a deaf member of staff.

As always, please do try not to use H&S as the first weapon against people having fun, if the real issue is concerns about productivity. That approach is how we ended up with the reputation for being grumpy old curmudgeons in the first place.

[Keith1983]

Thanks for your input everyone.
After discussions with the relevant people the business has decided not to implement the bluetooth ear defenders. The biggest concern being that they are open to abuse and the potential for people to be on their phones during working hours. This would then prove to be a distraction which could have a negative effect on productivity, quality and safety.

All of these points have been communicated back to the workforce who have very graciously understood and accepted the decision. I have made sure to encourage any future suggestions or questions and reassured the workforce that each suggestion will be considered with an open mind.

Thanks again for all your input.