In Western Australia (WA), audiometric testing regulations are meticulously governed by WorkCover WA and the Workers’ Compensation and Injury Management Act 1981, the Work Health and Safety ACT and (WHS) Regulations, and the Australian and New Zealand Occupational Noise Management Standard (AS/NZS 1269.4:2024)

Let's delve into the key points employers need to understand to ensure compliance and safeguard the well-being of their workers.

According to the WHS Regulations, PCBUs must manage risks to health and safety relating to hearing loss associated with noise.

The PCBU must conduct regular audiometric testing where workers are required to use personal protective equipment (PPE) to protect against hearing loss associated with noise that exceeds the exposure standard. Testing is required within 3 months of a worker commencing the work and at least every 2 years thereafter. This testing must be conducted in accordance with the Australian and New Zealand Occupational Noise Management Standard (AS/NZS 1269.4:2024). These regulations became effective on 31 March 2022, with a grace period until 31 March 2024, allowing organisations to prepare for the changes.

Audiometric testing is required for workers who are exposed to 85dB or above throughout a standard day or peaks of 140dB as per Regulation 57 of the the Work Health and Safety (General) Regulations 2022.

In alignment with the WHS Act 2020 and Regulations, audiometric testing for workers using personal hearing protection should occur within 3 months of commencing work and at least every 2 years thereafter.

The Department of Energy, Mines, Industry Regulation and Safety has released a new Code of Practice for managing noise in the workplace. Employers are advised to review the 2022 Code of Practice to ensure compliance with the latest guidelines.

The new Workers’ Compensation and Injury Management Act 2023 takes effect in Western Australia on 1 July 2024. Under the new Act, the baseline and subsequent audiometric testing process for Noise Induced Hearing Loss (NIHL) is removed meaning that audiometric officers will no longer be required to conduct audiometric testing under the Workers’ Compensation scheme.

Employers will no longer be required to conduct mandatory hearing tests for NIHL, however mandatory testing in Western Australia now falls under work health and safety legislation as outlined above.

Transitional arrangements require that baseline and subsequent audiometric testing process continue up until 30 June 2024 and audiometric officers will still input results into the WorkCover WA online system.

As of 1 July 2024, baseline and subsequent testing will discontinue and therefore results will not need to be recorded in WorkCover WA’s system. WorkCover WA will provide a 3-month period after 1 July 2024 for results to be recorded in the system for any testing conducted prior to 1 July 2024. This means that KINNECT will work with you to ensure all results are recorded for testing conducted prior to 1 July 2024, however after that date we will no longer be sending monthly reports of those workers who have completed audiometric testing or request the employer to acknowledge if they remain employed.

Please note that as of 31 March 2024, it has become the employer’s responsibility to evaluate audiometric data and determine whether further action is required to protect workers from exposure from hazardous noise. This can be an onerous task and KINNECT’s experienced staff are happy to perform this service offering for you.

Under the new Workers’ Compensation and Injury Management Act, a claim for NIHL can only be made if a worker has received:

1. An audiological test report performed by an authorised audiologist showing hearing loss of more than 10% (or 5% for a subsequent claim); and

2. A NIHL assessment performed by an ENT specialist showing hearing loss of more than 10% (or 5% for a subsequent claim).

Audiological tests are initiated at the worker’s request, and workers are entitled to request an audiological test every two years. The worker’s current employer is required to pay for the audiological test where that employer is deemed to be a ‘noisy employer’ under the Act. The employer is not required to pay for audiological tests more frequently than every two years.

Not only does regular audiometric testing help identify NIHL early and allow you to take measures to protect your workers, it may also serve as a valuable record for WorkCover WA claims you may encounter.

As of 1July 2024, if an audiological test conducted by an Audiologist reveals threshold hearing loss, then an Ear Nose and Throat Specialist (ENT) will conduct a NIHL assessment for the purposes of Workers’ Compensation claims. The ENT will also determine if more than one employer has contributed to the hearing loss according to records held by WorkCover WA (if available), the worker, and the worker’s employment noise history. The ENT makes a Yes/No determination as to whether each employer in the worker’s employment history has contributed to NIHL.

Even when other employers contributed to NIHL, claims are paid as a lump sum by the “last employer‘'. If the last employer' wants to seek recovery or apportionment from previous employers, they must seek a determination by WorkCover WA. WorkCover WA will make the apportionment determination on the basis that NIHL occurs on an equally culminative basis over the period of noise exposure between each liable employer. For example, if an organisation employed a worker for 50% of the exposure period, then they will be liable for 50% of the claims cost.

We recommend maintaining regular audiometric testing under WHS Act and Regulations, so that these records may be available to ENTs if they need to determine whether your business undertaking has contributed to NIHL. This provides the best opportunity to demonstrate whether your business undertaking has contributed to NIHL, and also to identify if additional controls are required to protect workers against hazardous noise.

It is imperative for employers and organisations to ensure compliance with these regulations to protect the health and safety of their workers and meet legal obligations outlined by WorkCover WA and the WHS Regulations.

For more detailed information, refer to the Work Health and Safety (General) Regulations 2022 – transitional and savings provisions - information sheet.

References:

Work Health and Safety (General) Regulations 2022

Code of practice - Managing noise and preventing hearing loss at work