Clause 58 of the NSW WHS Regulation 2017 applies to audiometric testing. "Audiometric testing" means the testing and measurement of the hearing threshold levels of each ear of a person by means of pure tone air conduction threshold tests. Testing is conducted as per the requirements of AS/NZS 1269.4:2014.

 

Clause 58 says: 

​

(1) This clause applies in relation to a worker who is frequently required by the person conducting the business or undertaking to use personal protective equipment to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

​

(2) The person conducting the business or undertaking who provides the personal protective equipment as a control measure must provide audiometric testing for the worker--

(a) within 3 months of the worker commencing the work, and

(b) in any event, at least every 2 years.

Between January 2022 and December 2023 an exemption to the application of Clause 58 existed for New South Wales. SafeWork NSW announced towards the end of 2023 that they would lift the exemption, and the requirements of Clause 58 would come into effect in NSW on January 1, 2024.

​

Clause 58 now applies fully in New South Wales and audiometric testing needs to be done where applicable.

​​

Historically, SafeWork NSW’s reasoning for not following Clause 58 was that PPE is meant to be a residual measure following full risk management actions applied using the Hierarchy of Control measures. Under Clause 32 of the WHS Regulation and Section 19(3)(g) of the WHS Act it is the duty of the PCBU to manage risks in the workplace. Therefore, it is always expected that the PCBU fully assesses and manages all risks that may lead to noise-induced hearing loss, ideally eliminating the risks entirely using the Hierarchy of Control measures. Elimination is the desired result of any risk assessment. PPE is a control measure applied in the event of a risk or risks that cannot be eliminated. 

​

Courtenell offers on site testing of your employees by a qualified audiometric tester who will fully test each person as per the requirements of AS/NZS 1269.4:2014. Please allow for 4 persons fully tested per hour. Audiometric testing clearly identifies hearing loss as the result of a) genetic-induced hearing loss, b) age-related hearing loss, or c) noise-induced hearing loss.

 

 

 

SafeWork NSW's position: https://www.safework.nsw.gov.au/legal-obligations/legislation/exemptions-accordion/audiometric-testing-requirements

​

Information from SafeWork Australia: https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/personal-protective-equipment-ppe/whs-duties