Introduction: NSW’s 2024 Milestone

On 1 January 2024, New South Wales employers faced a significant new compliance obligation. Clause 58 of the Work Health and Safety Regulations 2017 (NSW WHS Regulations) commenced, mandating audiometric testing for workers frequently required to use hearing protection equipment in noise-exposed roles.

This was not a new concept for Australian workplaces—many employers had already implemented audiometric testing voluntarily or under other state regulations. For NSW, however, it marked a shift from guidance and best practice to legal obligation. Two years on, compliance remains patchy in many sectors. This guide explains what NSW Clause 58 requires, how SafeWork NSW enforces it, and what you must do now if you have not yet implemented a testing program.

The NSW WHS Regulation 2017 Clause 58: What It Says

Clause 58 of the NSW WHS Regulations mirrors the Model Work Health and Safety Regulation 58. The text is short but carries significant obligations:

“A PCBU must ensure that a worker who is frequently required to use hearing protection equipment in a working environment in which the noise exposure level is assessed as being at or above 85 dB(A) is provided with audiometric testing.”

Breaking Down the Obligation

This single sentence contains multiple conditions:

1. PCBU obligation: The responsibility rests with the person conducting a business or undertaking. This includes company directors, business owners, and senior managers.
2. Worker eligibility: The worker must be “frequently required to use hearing protection equipment.” This is the main interpretive challenge.
3. Exposure assessment: The workplace noise exposure must be assessed and documented as being at or above 85 dB(A).
4. Mandatory provision: Testing must be provided, not merely offered.

Commencement Date and Baseline Window

Clause 58 commenced on 1 January 2024 in NSW. Existing workers in noise-exposed roles had until 31 March 2024 to be provided with a baseline audiometric test. This three-month window was not extended, and employers who missed this deadline faced non-compliance.

New workers entering noise-exposed roles after 1 January 2024 must receive a baseline test within three months of commencing employment.

SafeWork NSW Guidance: “Frequently Required to Use HPE”

SafeWork NSW, the state regulator, has provided guidance on interpreting “frequently required to use hearing protection equipment.” This guidance is crucial because the regulation does not define a precise threshold (e.g., “more than 20 hours per week”).

SafeWork NSW’s Interpretation

SafeWork NSW considers that workers are “frequently required to use HPE” if:

• They are required to wear hearing protection on a regular and recurring basis as part of their normal work duties
• The requirement is not occasional or exceptional, but a routine part of their role
• The noise exposure occurs multiple times throughout a working week

This is broader than some employers initially believed. For example:

• A manufacturing plant operator working on a noisy production line 8 hours per day: Clearly “frequently required.”
• A construction site supervisor who spends 30% of their time in high-noise areas: Likely “frequently required.”
• A maintenance worker who enters a high-noise area for 2-3 hours per week: Probably “frequently required,” though debatable—SafeWork NSW would likely classify this as covered.
• An office manager who occasionally visits a warehouse with a forklift operating: Probably not “frequently required” on current SafeWork NSW guidance.

The safe approach is conservative: if you are unsure, assume the worker meets the “frequently” threshold and provide audiometric testing. This demonstrates due diligence.

Assessing Your Workplace

To apply SafeWork NSW’s guidance, you must:

1. Conduct a noise assessment of your workplace to determine exposure levels (85 dB(A) or above)
2. Identify which roles regularly work in these high-noise areas
3. Document the frequency and duration of HPE use for each role
4. Make a determination about whether each role meets the “frequently required” threshold

If your workplace has not been formally assessed for noise, this is your first critical task. Many NSW employers discovered only during a SafeWork NSW inspection that they operate above 85 dB(A) in certain areas and should have been conducting audiometric testing all along.

How SafeWork NSW Enforces Clause 58

SafeWork NSW has adopted a proactive enforcement approach to Clause 58 compliance. Understanding how the regulator operates helps you anticipate what evidence they will seek during an inspection.

Inspection Triggers

SafeWork NSW inspections can be initiated by:

• Worker complaints: A worker reports that they have not been offered or provided audiometric testing
• Injury investigations: Following a workplace injury involving noise exposure, SafeWork NSW investigates whether audiometric testing was provided
• Workers’ compensation claim investigation: When a worker claims WorkCover for noise-induced hearing loss, SafeWork NSW may investigate PCBU compliance
• Random workplace audits: SafeWork NSW conducts random inspections in high-risk sectors (mining, construction, manufacturing)
• NIHL WorkCover investigations: WorkCover NSW refers cases to SafeWork NSW for investigation of potential PCBU non-compliance

What SafeWork NSW Looks For

During an inspection, a SafeWork NSW inspector will typically request:

• Noise assessment reports for the workplace
• A list of workers identified as “frequently required to use HPE”
• Audiometric test records (baseline and monitoring) for those workers
• Documentation of the tester’s qualifications and equipment calibration
• Records of how workers were notified of test results
• A schedule of when the next monitoring tests are due
• Evidence of how decisions were made about who meets the “frequently required” threshold

Lack of written documentation about your reasoning—especially if you cannot show a noise assessment—will be viewed as non-compliance with due diligence requirements.

Penalties for Non-Compliance

If SafeWork NSW determines that you have contravened Clause 58, the penalties depend on the category of contravention:

• Category 1 (reckless conduct; serious risk): Up to $3 million for a corporation, up to $600,000 for an individual
• Category 2 (failure in due diligence): Up to $1.5 million for a corporation, up to $300,000 for an individual
• Category 3 (contravention of a duty): Up to $500,000 for a corporation, up to $100,000 for an individual

A Category 3 contravention for missing audiometric tests is likely if you have workers in noise-exposed roles and have not conducted baseline testing. A Category 2 contravention might apply if you conducted some testing but failed to demonstrate due diligence in your identification process or record-keeping.

NSW vs National Model: Key Differences

NSW Clause 58 closely mirrors the national Model Regulation 58, but there are some nuances in how SafeWork NSW interprets and applies the requirement:

Similarities

• 85 dB(A) exposure standard is identical
• Baseline must be completed within 3 months of commencement of employment or Clause 58 commencement
• Monitoring must occur at least every 2 years
• Notification and records requirements are the same

NSW-Specific Nuances

• SafeWork NSW guidance is more detailed than some other state regulators: SafeWork NSW has published clear guidance on what “frequently required” means, reducing interpretive uncertainty
• NSW enforcement has been active since 2024 commencement: Unlike some other states where Clause 58 commenced later or with longer transition periods, NSW began enforcement immediately. This means non-compliance discovered during 2024 or 2025 inspections may result in penalty notices
• Integration with WorkCover NSW: NSW has a strong integration between SafeWork NSW and WorkCover NSW (the workers’ compensation insurer). WorkCover claims for NIHL often trigger SafeWork NSW investigations

Transitional Provisions: A Quick History

When Clause 58 commenced on 1 January 2024, NSW employers faced immediate compliance obligations. Unlike some later amendments in other states that phased in requirements over many months, NSW’s approach was “live immediately.”

The three-month baseline window (1 January 2024 to 31 March 2024) was the only transitional provision. Existing workers either received baseline testing by 31 March 2024, or the employer was non-compliant.

If you are reading this in 2026 and missed the 31 March 2024 deadline, you should:

1. Acknowledge the non-compliance
2. Conduct baseline testing immediately for all affected workers
3. Document your remedial steps
4. Respond proactively if contacted by SafeWork NSW

Attempting to hide non-compliance or conducting backdated tests will aggravate a regulator’s assessment of your conduct.

High-Noise Industries in NSW: Who Must Comply

While Clause 58 applies to any workplace above 85 dB(A), certain NSW industries are particularly affected:

Mining and Resources (Hunter Valley)

NSW’s mining sector, concentrated in the Hunter Valley (coal mining) and smaller pockets in other regions, is a high-noise environment. Drill operators, crusher plant workers, and maintenance personnel are frequently exposed to noise levels well above 85 dB(A). All coal mining companies operating in NSW must have established comprehensive audiometric testing programs by now. Compliance is typically high in this sector due to mature safety culture and insurance requirements.

Construction (Sydney, Regional NSW)

Construction workers—particularly those using power tools, operating machinery, or working near pile drivers—are frequently exposed to high noise. Sydney’s construction boom has created significant employment in high-noise roles. Site supervisors should ensure all workers on-site with HPE requirements have baseline tests completed. Subcontractors are a compliance risk; ensure contractors have documented baseline tests before starting work.

Manufacturing and Food Processing (Western Sydney, Central Coast)

Western Sydney has a significant manufacturing base, including food processing plants, industrial machinery manufacturers, and heavy fabrication shops. These environments routinely exceed 85 dB(A). Food processing facilities (particularly grain mills, meat processing, beverage bottling) are notorious for high noise exposure. Compliance in this sector remains patchy; many smaller manufacturers are still catching up.

Hospitality and Entertainment (Sydney CBD, Newcastle)

Venues with amplified music (nightclubs, live music bars, casinos) frequently exceed 85 dB(A). Venue staff, bar managers, and security personnel in high-noise venues should be included in audiometric testing programs. This is an often-overlooked compliance area, with many hospitality venues still unaware of their obligations under Clause 58.

Waste and Recycling (Regional and Urban NSW)

Waste management facilities, particularly those with sorting and crushing equipment, generate sustained noise above 85 dB(A). Workers in these facilities—loaders, crushers operators, supervisors—must be provided audiometric testing. This is an emerging compliance focus for SafeWork NSW.

Practical Action Plan for NSW Employers

If you have not yet fully implemented Clause 58 compliance, here is a prioritized action plan:

Immediate (Weeks 1–2)

• If you have not conducted a noise assessment, engage an occupational hygienist to conduct one immediately. This assessment must be documented and retained as evidence of due diligence.
• Based on the noise assessment, identify all workers who work in areas with noise at or above 85 dB(A) and who are frequently required to use HPE.
• Document your reasoning for including or excluding specific roles. This documentation will be crucial if SafeWork NSW inspects.

Short-term (Weeks 3–4)

• Identify an accredited audiometric testing provider. Ensure they comply with AS/NZS 1269.4:2014.
• Schedule baseline testing for all identified workers. If workers were not tested by 31 March 2024, schedule immediately and prepare to document why testing was delayed.
• Communicate with workers about the testing program. Explain what it is, why it is required, and how it protects their health.

Ongoing (Months 2–6)

• Conduct baseline testing for all eligible workers. Complete testing by the end of your first quarter in the testing cycle.
• Establish a schedule for monitoring tests (at least every 2 years).
• Create a record-keeping system that allows easy retrieval of testing records, tester credentials, and equipment calibration documentation.
• Develop a process to notify workers of results and, if significant threshold shift is detected, to arrange follow-up assessment.

Annual Verification

• Review your list of noise-exposed workers at least annually. New roles may emerge; some roles may be eliminated or reduced in exposure.
• Verify that all workers due for monitoring testing are scheduled.
• Conduct a compliance audit of your record-keeping system.

Internal Links: NSW-Specific Resources

• WHS requirements across all Australian states
• Audiometric testing in Sydney — local provider information
• Audiometric testing in Newcastle — Hunter Valley mining region
• Full explanation of Regulation 58 nationally

Conclusion

NSW Clause 58 is now established law. Two years after commencement, the baseline testing deadlines have passed, and SafeWork NSW enforcement is active. If you have workers frequently required to use hearing protection equipment, you must provide audiometric testing. This is not negotiable, optional, or discretionary.

The practical steps are straightforward: conduct a noise assessment, identify affected workers, establish a baseline testing program, and maintain records. The cost and effort are modest compared to the consequences of non-compliance—penalties, workers’ compensation claims, and reputational damage.

Start now, if you have not already done so.