Who is Responsible?
If you employ workers who are frequently required to wear personal protective equipment to protect them from noise exposure in the workplace that exceeds an LAeq,8h of 85dB(A); or an LC,peak of 140dB(C) (consistent with testing obligations under WHS law), you are considered to be a ‘noisy employer’ under the Workers Compensation and Injury Management Act 2023 (the Act). Workers in ‘noisy employment’ can ask for an audiological test if they believe their hearing is deteriorating as a result of noise exposure in the workplace. As a ‘noisy employer’, you are required to pay for audiological testing, along with reasonable expenses on request. A worker is entitled to an audiological test paid for by the employer every two years.
A ‘noisy’ employer is still required to pay for audiological testing if the worker requests a test after leaving their employment, and not more than three months have elapsed since the date employment ceased.
‘Noisy’ Employer Determinations
If there is a dispute over whether the employer is obliged to pay for audiological testing and any associated reasonable expenses, the worker can request a ‘Noisy’ Employer Determination from WorkCover WA. Following an evaluation of the available facts, we will then make a binding decision as to whether the employer is obliged to pay for testing. We may also make a determination on a class of employer required to pay for testing. Any determination on a class of employer will be published on the WorkCover WA website.
For further information, contact the NIHL team at noise@workcover.wa.gov.au
Audiological TestAn audiological test is conducted by an authorised audiologist who determines whether a worker meets the required threshold for percentage hearing loss to proceed to a NIHL assessment. A worker must have 10% hearing loss (or 5% for a subsequent claim) to proceed.
If the audiological test finds the worker whose audiological test you paid for requires a Noise Induced Hearing Loss (NIHL) assessment from an Otorhinolaryngologist (ENT specialist), you are also obliged to pay for this. ‘Noisy employers’ are also required to pay for any associated reasonable expenses associated with the assessment including travel expenses or any required additional testing which may be required by an ENT specialist (e.g. MRI scans).
An ENT specialist authorised by WorkCover WA will conduct a NIHL assessment on the worker. The ENT will determine the percentage of hearing loss that is attributed to noise exposure in the workplace, known as noise induced hearing loss (NIHL). If 10% NIHL is identified (or 5% NIHL for a subsequent claim), the worker is eligible to make a claim.
Only authorised audiologists can conduct audiological tests for workers compensation purposes. If the audiological test results indicate a NIHL assessment is required, this must be done by an ENT specialist.
The Directory of NIHL Service Providers lists all current NIHL Service Providers.
Employers who have paid for an audiological test or a NIHL Assessment will be provided with a copy of the test results and assessment. Employers are to ensure confidentiality requirements in accordance with the Regulations are maintained.
Noise induced hearing loss claims are made on the last noisy employer and are paid as a lump sum. The last noisy employer is determined by the ENT specialist conducting the NIHL assessment. Upon request of the employer or insurer, the cost of the claim will be apportioned by WorkCover WA to other ‘noisy employers’ noted in the worker’s employment history, if the noise induced hearing loss was a result of occupational noise exposure with more than one employer. Further information can be found on the NIHL Apportionment Determination Fact Sheet.
The last noisy employer can request an apportionment determination by sending an email to noise@workcover.wa.gov.au
The following details should be included in the request:
- Details of the claim (including the full name of the worker and claim number).
- Details of the last noisy employer and last employer’s insurer).
- If an agent is making the application, confirmation the agent acts for (and/or has the consent of) the employer or insurer.
- The email should be addressed to the attention of General Manager Regulatory Services Division.
Our Regulatory Services team will be in contact when the email is received regarding next steps. An apportionment determination can only be requested once liability is accepted, and compensation has been paid.
A worker must complete a NIHL claim form and submit it to their last noisy employer (as determined in the NIHL Assessment), along with copies of the audiological test report, NIHL assessment and other required forms. The employer has 7 days to forward the claim documents to their Insurer. The Insurer will then assess the claim and either accept or decline it.
A NIHL claim may be disputed on the basis of a ‘hearing loss matter’ (i.e. the results of the NIHL assessment, the extent of hearing loss suffered and whether the hearing loss suffered in NIHL) but only on the evidence of an NIHL assessment. To dispute a claim on this basis, your insurer will need to submit the worker for a second NIHL assessment with an authorised ENT specialist.
Fact sheets and forms in relation to noise induced hearing loss can be found on the Resources page.
Email the NIHL team at noise@workcover.wa.gov.au if you’d like further information.
