Coal mining industry audiometric exemption
The exemption was granted under the Work Health and Safety Regulation 2011.
Exemption No.010/23 commences on 1 January 2024 and has effect until 31 December 2029.
Nature of exemption
The exemption is a class exemption made by SafeWork NSW on its own initiative.
This Exemption applies to a PCBU to whom Order No. 43 applies.
A PCBU to whom Order No. 43 applies is exempt from compliance with clause 58(2) of the Regulation.
This Exemption is subject to the conditions specified in the Schedule.
Definitions
For the purposes of this Exemption:
- Act means the Work Health and Safety Act 2011
- Order No. 43 means the Coal Services Health Monitoring Requirements for Coal Mine Workers Order No. 43 under the Coal Industry Act 2001 (the Order)
- PCBU means a person conducting a business or undertaking within the meaning of the Act
- Regulation means the Work Health and Safety Regulation 2017.
Schedule
This Exemption is subject to the following conditions:
- The PCBU must at all times be fully compliant with paragraph 6, 8 and 10 of Order No. 43 (requirements for pre-placement, periodic and exit medical assessments) in respect of hearing assessments including audiometry to be conducted.
- Nothing in this Exemption affects any other applicable requirement imposed by law on a PCBU in relation to matters relating to this Exemption, including the monitoring of workers and conditions at the workplace under section 19(3)(g) of the Act.
Gazettal
Published in Government Gazette of the State of New South Wales, number 476 (pg10) on Friday, 13 October 2023.