Audiometric testing requirements

The exemption was granted under the Work Health and Safety Regulation 2017.

Exemption No. 021/21 commenced 1 January 2022 and has effect until 31 December 2023.

Note

From 1 January 2024, the NSW Government will commence Clause 58 “Audiometric testing” of the NSW WHS Regulation 2017.

This means that from that date a PCBU will be required to provide audiometric testing to any of their workers who are frequently required by them to use personal protective equipment (hearing protection) to protect the worker from the risk of hearing loss associated with noise that exceeds the exposure standard for noise.

Prior to 31 December 2023, SafeWork NSW will be developing and distributing a range of guidance material.

Watch a recording of a webinar on the new requirements for audiometric testing.

Audiometric Testing - Commencement of Clause 58 of the NSW WHS Regulation 2017

Nature of exemption

The Exemption is made by SafeWork NSW on its own initiative and applies to persons conducting a business or undertaking who require a worker to frequently use personal protective equipment as a control measure to protect workers from the risk of hearing loss associated with noise that exceeds 'the exposure standard for noise’.

Those persons are exempt from clause 58(2) of the Regulation, subject to the condition in the Schedule to the exemption.

Definitions

For the purposes of the exemption:

  • Regulation means the Work Health and Safety Regulation 2017.

Exposure standard for noise means LAeq,8h of 85 dB(A) or Lc,peak of 140 dB(C) where LAeq,8h means the eight hour equivalent continuous A-weighted sound pressure level in decibels (dB(A)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005 and Lc,peak means the C-weighted peak sound pressure level in decibels (dB(C)) referenced to 20 micropascals, determined in accordance with AS/NZS 1269.1:2005.

Schedule

This exemption is subject to the following condition:

  • Nothing in the exemption affects any other applicable requirement imposed by law on a person conducting a business or undertaking in relation to matters relating to the exemption, including the monitoring of workers and conditions at the workplace under Section 19(3)(g) Work Health and Safety Act 2011.

Gazettal

Published in Government Gazette (PDF 2MB) of the State of New South Wales, number 648 (page 22-23), Friday 17 December 2021.

History

Prior to 2013, the WHS Regulation 2011 provided a two year transitional period where the requirements of clause 58(2) did not apply in NSW.

The exemption was first published on 20 December 2013 until 31 December 2014 in the NSW Government Gazette number 177, page 5855.

A one year extension until 31 December 2015 was granted in the NSW Government Gazette number 126, page 4707.

A one year extension until 31 December 2016 in the NSW Government Gazette number 106.

A one year extension until 31 December 2017 was granted in the NSW Government Gazette number 111, page 3528.

A one year extension until 31 December 2018 was granted in the NSW Government Gazette number 138, page 7830.

A two year extension until 31 December 2020 was granted in NSW Government Gazette number 144, pages 10161-10162.

A further one year extension until 31 December 2021 was granted in NSW Government Gazette number 372, page 4756.

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