From 1 July 2024, the new Workers’ Compensation and Injury Management Act 2023 is in effect in Western Australia, bringing significant changes to the state’s audiometry legislation to better align with national standards.
We recently hosted the WA Education Breakfast in Perth for our WA clients to discuss these changes and provide a Q&A session. Special thanks to Michael Chan from WorkCover WA and Dr. Jessica Johnson from Jobfit Health Group for their insightful presentations.
Key changes – effective 1 July 2024
The 2023 Act (and regulations) provides two substantive changes to the 1981 Act: the discontinuation of preliminary testing by approved audiometric officers (WorkCover Audiogram) and the discontinuation of mandatory hearing tests of workers by employers in the prescribed noisy workplaces.
Mandatory hearing testing continues under Work Health and Safety Laws and the PCBU have obligations to implement health surveillance audiometric testing as per regulation 58.
For WorkCover audiometric testing completed before 1 July 2024, WorkCover WA will allow a 3-month period for recording results from tests conducted before this date. Jobfit will assist in ensuring all results are lodged with WorkCover WA for this period.
What are the new exposure standards?
According to WHS regulations, PCBUs must manage risks to health and safety relating to hearing loss associated with noise. To prevent occupational noise-induced hearing loss (NIHL), ‘noisy’ employers must provide hearing tests for workers frequently exposed to noise exceeding the standards as described in regulation 58.
- For workers who are exposure to 85 dB or above averaged over an eight-hour working day continuous A-weighted sound pressure above 85 dB(A)
- A peak exposure of 140 dB, and frequently need to wear hearing PPE to protect them against noise induced hearing loss C-weighted peak sound pressure above 140 dB(C).
In compliance with the WHS Act 2020 and Regulations, audiometric testing for workers using personal hearing protection should occur within three months of starting work and at least every two years thereafter. More frequently hearing tests may be required for workers exposed to high, average noise levels throughout their shift (e.g. ≥ 100dB(A)).
WorkCover WA may determine whether an employer is classed as a ‘noisy’ employer, and even apply this label to a particular class of employment (i.e. mining or foundry work).
What does the new process entail?
Audiologists will determine whether a worker meets the required global hearing loss to progress to a NIHL assessment conducted by an Ear, Nose & Throat (ENT) specialist. Where a worker has 10% global hearing loss (5% for subsequent claims) the audiologist will inform them of the right to have an NIHL Assessment from an ENT specialist.
The ENT will determine the percentage of occupational NIHL, the last liable employer and other employers who have contributed to the worker’s NIHL. The worker must schedule an appointment with an ENT specialist and complete a Worker Noise Exposure and Employment History approved form
Where a worker does not have 10% NIHL (5% for a subsequent claim), the process ends. Audiological tests must be presented in approved form and reported to WorkCover WA, and with the new changes, WorkCover WA will no longer be approving / registering audiometric equipment.
WorkCover WA must keep a NIHL register containing:
- Audiological tests reports
- NIHL assessments reports
- NIHL claims and liability decision notices
- Audiometric test results from the 1981 Act
These documents may be requested by an authorised audiologist or ENT specialist to assist in an audiological test or NIHL assessment.
How can employers prepare for these changes?
Employers must:
- Organise and pay for employee hearing tests.
- Contact WorkSafe WA (DMIRS) and WorkCover WA to request previous LBA results and discuss additional changes.
- Discuss hearing test changes with employees and the impact on the workplace.
- Identify and assess workplace noise sources according to updated standards.
- Implement appropriate risk controls to mitigate identified risks.
What are the benefits of audiometric testing?
In 2023, SWA reported that close to 30,000 claims for hearing loss have been made since 2015 – or more than 3-4,000 per year. Another study in 2020 estimated that 80,000 male and 31,000 female workers would develop Occupational Noise-Induced Hearing Loss (ONIHL) at current noise exposure levels.
Prolonged exposure to excessive noise, or sudden exposure to very loud impact noise may result in temporary or permanent hearing loss. Noise stress can also affect concentration, exacerbate fatigue, and worsen cardiovascular disorders.
Regular audiometric testing not only helps identify NIHL early but also serves as a valuable record for WorkCover WA claims.
Maintaining these records under the WHS Act and Regulations ensures they are available to Ear, Nose and Throat specialists (ENTs), helping determine if your business has contributed to NIHL and if additional controls are needed to protect workers from hazardous noise.
Visit WorkSafe WA for more information about these new laws.
For more information about our Audiometry Health Monitoring Assessments services, please contact us.
