Introduction: Victoria’s Different Path

Victoria stands apart from most Australian jurisdictions. While NSW, Queensland, and other states have adopted the national Model Work Health and Safety Act and associated Model Regulations, Victoria maintains its own occupational health and safety framework.

Victoria’s framework is based on the Occupational Health and Safety Act 2004 (OHS Act) and the Occupational Health and Safety Regulations 2017 (OHS Regulations). While this framework predates the national Model WHS law, it contains equivalent or complementary requirements for audiometric testing and noise management.

Understanding Victoria’s approach is essential for VIC employers—and for employers operating across both VIC and other states who must comply with multiple regulatory frameworks. This guide explains how audiometric testing is required in Victoria, how it differs from the national approach, and what compliance looks like in practice.

Victoria’s Regulatory Framework: OHS Act vs WHS Act

The first critical point to understand: Victoria has not adopted the Model Work Health and Safety Act. Instead, it uses its own OHS Act 2004, which predates the national Model WHS framework.

Historical Context

When Australia’s states began developing the Model WHS Act in the late 2000s, Victoria chose to maintain its existing OHS Act 2004 framework rather than adopt the model. This decision was based on Victoria’s judgment that its existing framework was sufficiently robust and that transition costs would outweigh benefits.

As a result, Victoria’s OHS Act and Regulations use different language, structure, and references than the Model WHS law used in NSW, Queensland, and other states. However, the substantive requirements for employer duties, worker safety, and compliance are broadly equivalent.

Equivalence in Outcomes

While the frameworks differ structurally, both require employers to ensure safe workplaces. Both address noise hazards and hearing protection. And both ultimately require audiometric testing for workers in noise-exposed roles.

For employers, the practical implication is straightforward: you cannot simply apply NSW’s Regulation 58 language to Victoria. You must understand Victoria’s specific requirements in the OHS Regulations 2017.

Victoria’s OHS Regulations 2017: Division 3 (Noise)

Audiometric testing requirements in Victoria are found in Division 3 of the OHS Regulations 2017. These regulations address noise management generally and specifically mandate audiometric testing.

The Relevant Provisions

Division 3 of the OHS Regulations 2017 covers “noise exposure.” Key requirements include:

• Noise exposure assessment: Employers must assess noise exposure in the workplace to determine whether it exceeds specified action levels.
• Control measures: If exposure exceeds action levels, employers must implement control measures (hierarchy of controls—elimination, substitution, engineering, administrative, PPE).
• Audiometric testing: For workers exposed to noise above specified levels, employers must provide audiometric testing.
• Information and training: Workers must be informed of noise exposure risks and trained in proper HPE use.
• Health surveillance: Medical surveillance, including audiometric testing, is mandated for exposed workers.

The 85 dB(A) Standard

Like the national Model Regulation 58, Victoria’s OHS Regulations reference an 85 dB(A) (eight-hour time-weighted average) as the action level. This is consistent across Australian jurisdictions and reflects international occupational hygiene standards.

Noise exposure at or above 85 dB(A) triggers the requirement to provide audiometric testing to workers exposed at that level.

Part 3.2 of OHS Regulations 2017: Employer Duties

Part 3.2 of Victoria’s OHS Regulations addresses “Health and Safety Duties.” This section codifies the employer’s primary duty of care.

The Primary Duty

An employer must ensure, so far as is reasonably practicable, the health, safety, and welfare of all workers. This includes workers in noise-exposed roles.

“So far as is reasonably practicable” is a key phrase. It requires the employer to take action unless doing so would be grossly disproportionate to the risk. For audiometric testing, the cost and effort are modest compared to most workplace improvements, so compliance is almost always reasonably practicable.

Information, Instruction, Training, and Supervision

Part 3.2 also requires employers to provide workers with adequate information, instruction, training, and supervision to enable them to work safely. For noise-exposed workers, this includes:

• Information about noise hazards and exposure levels in their role
• Instruction on proper HPE use and fitting
• Training on the purpose and process of audiometric testing
• Supervision to ensure HPE is worn correctly and consistently

WorkSafe VIC Guidance: Implementing Noise Management and Audiometric Testing

WorkSafe Victoria, the state regulator, has published detailed guidance on noise management and audiometric testing compliance.

WorkSafe VIC’s Regulatory Position

WorkSafe VIC takes an active enforcement approach to noise management. The regulator has clearly stated that audiometric testing is a mandatory requirement for employers with workers exposed to noise at or above 85 dB(A).

WorkSafe VIC guidance aligns with national best practices and AS/NZS 1269 series standards. The regulator emphasizes that audiometric testing is not optional and must be part of a comprehensive noise management program that includes:

1. Noise assessment and exposure evaluation
2. Implementation of engineering and administrative controls
3. Provision of appropriate HPE
4. Audiometric testing (baseline and monitoring)
5. Record-keeping and health surveillance

Baseline vs Monitoring

WorkSafe VIC guidance distinguishes between baseline and monitoring audiometric testing:

• Baseline: Conducted when a worker first enters a noise-exposed role, establishing a reference hearing threshold. Should be conducted within three months of commencing employment (or when the requirement is identified if the worker was already in the role).
• Monitoring: Conducted periodically (at least every two years) to detect hearing loss over time.

Significant threshold shift (STS)—defined as hearing loss of 15 dB or more at multiple frequencies—triggers referral for further assessment and review of noise controls.

How Audiometric Testing Is Required in VIC

While Victoria’s regulatory language differs from the national Model Regulation 58, the practical requirement is equivalent. Here is how audiometric testing is mandated in Victoria:

The Trigger

Audiometric testing is required when:

• A worker is exposed to noise at or above 85 dB(A) (eight-hour TWA)
• The exposure is occupational (not incidental or recreational)
• The worker is under the employer’s control or supervision

The Employer’s Obligation

The employer must ensure that:

• A baseline audiometric test is conducted for the worker (ideally within 3 months of commencing employment, or within a reasonable time of the exposure being identified)
• Monitoring tests are conducted at least every 2 years
• Tests are conducted by qualified personnel using compliant equipment and procedures (AS/NZS 1269.4:2014)
• Workers are informed of results and any implications
• Records are maintained

Who Is Responsible

As in all Australian jurisdictions, the primary responsibility rests with the Person Conducting a Business or Undertaking (PCBU). In Victoria, this includes:

• Company directors and senior managers
• Business owners
• Management contractors
• Any entity controlling the workplace

The PCBU cannot delegate the responsibility, though implementation can be delegated to occupational health providers.

Compliance: Integrating VIC and National Standards

Many organizations operating in Victoria also operate in other states. For these multi-state employers, the challenge is ensuring compliance with both Victoria’s OHS Regulations and the Model WHS Regulations in other states.

A Harmonized Approach

The good news: a single, comprehensive audiometric testing program can satisfy both frameworks. If you are compliant with Victoria’s OHS Regulations requirements, you are likely compliant with national Model Regulation 58 requirements (and vice versa).

Key elements of a program that satisfies both frameworks:

• Documented noise assessment showing exposure levels
• Clear identification of noise-exposed workers
• Baseline testing within 3 months of employment commencement (or of exposure identification)
• Monitoring testing at least every 2 years
• Use of qualified testers and compliant equipment (AS/NZS 1269.4:2014)
• Worker notification of results
• Secure record-keeping for at least 30 years

Documentation for Multi-State Compliance

If you operate across multiple states, maintain clear documentation of:

• Which state’s regulations apply to each workplace
• Which workers are covered under which jurisdiction’s rules
• How your audiometric testing program satisfies each jurisdiction’s specific requirements

This documentation is valuable if you are inspected by regulators in any state. It demonstrates thoughtful compliance and good faith effort to meet all applicable requirements.

VIC-Specific High-Noise Industries

Understanding which Victorian industries generate significant noise exposure helps employers assess whether they are likely to be affected by audiometric testing requirements.

Latrobe Valley Power Generation

The Latrobe Valley is home to major coal-fired power stations. These facilities generate sustained high noise from coal crushers, grinding mills, fans, and steam generation equipment. Workers in power generation are clearly within the scope of audiometric testing requirements. Compliance in this sector is typically high due to mature safety culture and insurance requirements.

Geelong Manufacturing and Refining

Geelong is Victoria’s major manufacturing hub, with oil refineries, automotive manufacturing (historically), and machinery fabrication. Refinery operations involve crushers, blowers, compressors, and high-pressure equipment—all significant noise sources. Manufacturing workers in Geelong require audiometric testing. Compliance in this sector is mixed; large multinational operations typically comply, while smaller manufacturing operations are more variable.

Melbourne Construction

Melbourne’s continuous construction boom—CBD development, residential towers, infrastructure projects—creates a large population of construction workers with noise exposure. Piling, concrete cutting, and machinery operation are routine on Melbourne construction sites. Construction is a variable-compliance sector; some major builders have sophisticated safety programs, while smaller contractors are often non-compliant.

Ballarat and Bendigo Mining Services

While large-scale mining is not a major industry in Ballarat and Bendigo, both regions have mining services operations and heritage mining tourism. Workers in these roles face noise exposure. Compliance is generally adequate in formal mining operations but variable in smaller services.

Timber and Woodworking (Regional VIC)

Timber mills and woodworking operations in regional Victoria (East Gippsland, Otways) generate substantial noise. Saw operators, grinders, and machinery operators require audiometric testing. This is a sector with inconsistent compliance; many smaller timber operations lack formal programs.

WorkSafe VIC Enforcement and Inspection Approach

Understanding how WorkSafe VIC operates helps employers anticipate inspection triggers and prepare for regulatory engagement.

Inspection Triggers

WorkSafe VIC conducts inspections based on:

• Worker complaints about noise exposure or absence of audiometric testing
• Workers’ compensation claims for NIHL (WorkSafe Victoria’s insurer role gives it direct visibility into claims)
• Sector-based audits (construction, manufacturing, mining services)
• Investigations following workplace injuries or illness
• Random audits in high-risk industries

What WorkSafe VIC Requests

During an inspection focused on noise management and audiometric testing, WorkSafe VIC will request:

• Noise assessment documentation
• List of noise-exposed workers
• Audiometric test records (baseline and monitoring)
• Tester qualifications and accreditation documentation
• Equipment calibration records
• Records of worker notification about results
• Follow-up actions taken when STS is detected

Penalties and Enforcement

WorkSafe VIC has the authority to issue improvement notices, prohibition notices, and penalty notices under the OHS Act 2004. Penalties for non-compliance with noise management and audiometric testing requirements can be substantial, particularly for:

• Reckless conduct putting workers at serious risk (up to $3 million for a body corporate)
• Failure to comply with a duty where there is a significant risk to health and safety (up to $1.5 million)
• Failure to comply with a lawful direction from WorkSafe VIC (up to $500,000)

Practical Compliance Checklist for Victorian Employers

Use this checklist to assess your compliance with Victoria’s OHS Regulations 2017 audiometric testing requirements:

Assessment and Identification

• ☐ Have you conducted a noise assessment of your workplace?
• ☐ Is noise exposure documented and measured at specific locations and for specific roles?
• ☐ Have you identified all workers exposed to 85 dB(A) or above?
• ☐ Is this list reviewed and updated annually?

Baseline Testing

• ☐ Have all noise-exposed workers received a baseline audiometric test?
• ☐ Were baseline tests conducted within 3 months of employment commencement (or identification of exposure)?
• ☐ Were tests conducted by a qualified audiometrist?
• ☐ Was the 14-hour quiet period observed before baseline testing?

Monitoring and Follow-up

• ☐ Do you have a schedule for monitoring tests at least every 2 years?
• ☐ Have you identified a process to detect significant threshold shift?
• ☐ Do you have a protocol for notifying workers of results?
• ☐ If STS is detected, do you arrange further assessment and review controls?

Equipment and Tester Qualifications

• ☐ Do your testing providers comply with AS/NZS 1269.4:2014?
• ☐ Is the audiometer properly calibrated (biological check daily, electroacoustic 6-monthly, full calibration annually)?
• ☐ Are testers qualified audiometrists or occupational audiologists?
• ☐ Is equipment calibration documentation retained?

Record-Keeping and Documentation

• ☐ Are all audiometric test records retained for at least 30 years?
• ☐ Are records stored securely with appropriate privacy protections?
• ☐ Can you quickly retrieve records for a specific worker or for a WorkSafe VIC inspection?
• ☐ Do you have documented evidence of your noise assessment rationale?

Due Diligence

• ☐ Can you demonstrate your PCBU’s decision-making process about noise-exposed roles?
• ☐ Do you have written policies or procedures for audiometric testing?
• ☐ Have you communicated the program to workers?
• ☐ Can you produce evidence of periodic review and updating of your program?

Internal Links: Victoria-Specific Resources

• WHS requirements across all Australian states
• Audiometric testing in Melbourne
• Audiometric testing in Geelong — Manufacturing and refinery region
• Audiometric testing in Ballarat

Conclusion

Victoria’s approach to audiometric testing is framed in the language of the OHS Act 2004 and OHS Regulations 2017, not the national Model WHS law. However, the practical requirement is clear: employers must provide audiometric testing to workers exposed to noise at or above 85 dB(A).

Victorian employers should not be misled by the different regulatory language. Compliance is mandatory. WorkSafe VIC enforces actively and consistently. The requirements are well-established and supported by detailed guidance from the regulator.

A comprehensive audiometric testing program—with documented noise assessment, baseline testing within 3 months, monitoring every 2 years, and secure record-keeping—satisfies both Victoria’s OHS Regulations and the equivalent national standards. Implement this now if you have not already done so.