Introduction: Why Regulation 58 Matters

Noise-induced hearing loss (NIHL) is one of Australia’s most common occupational health conditions. Yet for decades, many employers operated without formal hearing monitoring programs. WHS Regulation 58 changed that landscape by establishing mandatory audiometric testing requirements for employers whose workers are “frequently required to use hearing protection equipment.”

This comprehensive guide walks you through every aspect of Regulation 58, from understanding who must comply to implementing a practical testing program. Whether you’re in mining, manufacturing, construction, or any noise-exposed industry, understanding Regulation 58 is essential to protecting your workers and your organisation.

What Is WHS Regulation 58?

WHS Regulation 58 is part of the Model Work Health and Safety Regulations. It sits within a broader framework of noise management duties but specifically focuses on audiometric testing requirements for employers whose workers are exposed to occupational noise.

The regulation doesn’t exist in isolation. It forms part of Australia’s adoption of international best practices in occupational health and safety. Many Australian states have incorporated Regulation 58 into their own state-based WHS laws, though implementation timelines vary. Queensland, for example, made Regulation 58 mandatory from 29 July 2025, while NSW commenced implementation on 1 January 2024.

The Core Obligation

At its heart, Regulation 58 requires a Person Conducting a Business or Undertaking (PCBU) to provide audiometric testing to workers who are “frequently required to use hearing protection equipment” (HPE) in a working environment where noise exposure occurs.

This is not a discretionary measure. It is a legal obligation with significant penalties for non-compliance, including corporate fines up to $3 million for Category 1 contraventions.

Understanding Key Definitions

Who Is a PCBU?

A PCBU is any person who conducts a business or undertaking. This includes:

• Company directors and senior managers
• Business owners (sole traders, partnerships)
• Incorporated associations and not-for-profit organisations that employ workers
• Government agencies that employ staff

If you make decisions about how your organisation operates and you employ workers, you are a PCBU with primary duties under WHS law. This responsibility cannot be delegated, though implementation can be.

What Does “Frequently Required to Use HPE” Mean?

The phrase “frequently required to use hearing protection equipment” is central to Regulation 58, but it is not precisely defined in the regulation itself. This has created some interpretive challenge for employers.

Safe Work Australia guidance suggests that “frequently” means workers are required to wear HPE on a regular basis as a normal part of their role. This is distinct from occasional or emergency exposures. Safe Work Australia does not specify an exact threshold (e.g., “more than X hours per week”), but the intent is clear: if a worker routinely needs HPE to work safely, they fall within Regulation 58’s scope.

State regulators have expanded on this guidance. SafeWork NSW considers that workers in roles requiring HPE for “frequent and repeated” tasks are covered. WorkSafe Queensland applies similar reasoning. The practical approach is conservative: if you are unsure whether a worker role triggers the “frequently” threshold, assume it does and provide audiometric testing. This demonstrates due diligence if your interpretation is later challenged.

The 85 dB(A) Exposure Standard

Regulation 58 references an exposure standard of 85 dB(A) (decibels A-weighted) as an eight-hour time-weighted average (TWA). This is the “action level” above which noise management and audiometric testing obligations are triggered.

What does this mean in practical terms?

• 85 dB(A) or above: If workers are exposed to noise at or above this level for an 8-hour working day, they fall within Regulation 58’s scope and must be offered audiometric testing.
• Below 85 dB(A): While noise exposure below this level still requires hazard controls, audiometric testing is not mandated under Regulation 58.

For context, 85 dB(A) is equivalent to:

• Heavy traffic on a busy road
• A lawnmower or power drill
• A food processor
• A workshop environment with machinery

Most noise-exposed industries—mining, construction, manufacturing, food processing, hospitality venues with amplified music—regularly operate above 85 dB(A).

How Is Exposure Measured?

To determine whether workers meet the 85 dB(A) threshold, a noise assessment must be conducted. This typically involves a qualified occupational hygienist using calibrated sound level meters or noise dosimeters to measure actual noise levels in work areas over representative working periods.

If your workplace has not been formally assessed for noise levels, this is a critical gap. Conducting a noise assessment is a prerequisite to knowing whether Regulation 58 applies to your workers. Many employers discover—after a workplace inspection—that they operate above the 85 dB(A) threshold and should have been conducting audiometric testing all along.

Baseline Audiometric Testing Timeline

A baseline audiometric test establishes a worker’s hearing threshold at a point in time. This baseline then serves as the comparison point for future monitoring tests.

When Must the Baseline Be Completed?

For new workers entering a noise-exposed role, the baseline must be completed within three months of commencing employment.

For existing workers who were already employed when Regulation 58 commenced in your state, the baseline window is within three months of the regulation’s commencement date in that jurisdiction.

For example:

• NSW (Regulation 58 commenced 1 January 2024): Existing workers required a baseline by 31 March 2024.
• Queensland (amendment effective 29 July 2025): Existing workers had a baseline window until 28 October 2025.

The 14-Hour Quiet Period Requirement

For a baseline audiometric test to be valid, the worker must have been in a quiet environment for at least 14 hours before the test. This allows the auditory system to recover from temporary noise-induced threshold shift (TTS)—the temporary hearing loss that occurs after noise exposure and usually resolves within 14-16 hours of quiet.

In practice, this means baseline tests are ideally scheduled after a rest day or early in a week where the worker has not been exposed to occupational noise. It’s a quality assurance measure to ensure the baseline represents the worker’s true baseline hearing threshold, not artificially depressed by recent noise exposure.

Ongoing Monitoring: The 2-Year Cycle

Once a baseline is established, Regulation 58 requires monitoring audiometric tests at least every two years. This allows detection of permanent threshold shift—the irreversible hearing loss that accumulates over time with chronic noise exposure.

Monitoring Frequency

The minimum frequency is every 24 months. However, this is a minimum standard. If a worker shows signs of hearing loss, more frequent monitoring (annually or even quarterly) may be appropriate and is best practice.

Monitoring tests should follow the same protocols as the baseline: conducted by qualified audiometrists in compliant sound booths, using calibrated equipment, adhering to AS/NZS 1269.4:2014 standards.

What Happens When You Detect Deterioration?

A significant threshold shift (STS) is detected when a worker’s hearing thresholds decline by a clinically meaningful amount compared to their baseline. This is typically flagged when an audiogram shows a change of 15 dB or more at multiple frequencies.

When deterioration is detected, Regulation 58 requires the PCBU to:

• Notify the worker of the result
• Refer the worker for further assessment or advice
• Review noise controls and engineering solutions
• Ensure the worker understands the result and the implications for their hearing

This is not about terminating the worker’s employment. It is about intensifying control measures, ensuring proper HPE use, and supporting the worker’s ongoing health.

Notification Requirements

Regulation 58 imposes several notification obligations on PCBUs:

Notifying the Worker

Workers must be informed of the results of their audiometric test. The notification should be in a clear, understandable format. For many workers, a letter or a discussion with an occupational health professional explaining the result is appropriate. The communication should include:

• The test date and results
• Comparison to their baseline (if monitoring)
• What the results mean for their hearing
• Any recommended next steps (e.g., referral, increased hearing protection)

Recording and Storing Records

While Regulation 58 does not explicitly mandate the retention period, the broader WHS Regulations require employers to keep records necessary to demonstrate compliance. For audiometric testing, this is generally interpreted as 30 years—reflecting the long latency of NIHL claims and the potential for historical claims decades after exposure ceases.

Records must include the audiogram itself, the date of test, the tester’s qualifications, the equipment used, and the test environment conditions.

Notifying Regulators

Regulation 58 does not require routine notification of regulators about audiometric testing programs. However, if a worker makes a workers’ compensation claim for NIHL, or if a workplace inspection occurs, regulators will request evidence of your audiometric testing compliance. Having comprehensive, well-organized records is essential.

State-by-State Implementation: Which States Have Adopted Regulation 58

Australia does not have a single, national WHS law. Instead, each state and territory has adopted the Model Work Health and Safety Regulations with varying timelines and modifications. Here is the current status:

States That Have Adopted Regulation 58

• NSW (New South Wales): Regulation 58 commenced 1 January 2024 in the WHS Regulations 2017. NSW state-by-state WHS requirements.
• QLD (Queensland): Amendment effective 29 July 2025 in the Work Health and Safety Regulations 2011.
• VIC (Victoria): Uses the OHS Act 2004 (not the Model WHS Act). Division 3 of the OHS Regulations 2017 contains equivalent noise management and audiometric testing requirements.
• SA (South Australia): Regulation 58 in the Work Health and Safety Regulations 2012.
• TAS (Tasmania): Regulation 58 in the Work Health and Safety Regulations 2022.
• ACT (Australian Capital Territory): Regulation 58 in the Work Health and Safety Regulation 2011.
• NT (Northern Territory): Regulation 58 in the Work Health and Safety Regulations 2012.

As of 2026, Western Australia (WA) has not yet fully adopted the Model WHS Act, instead maintaining its own WHS Act 2020 and associated regulations. WA employers with noise-exposed workers are subject to equivalent obligations under the WA legislation, though the specific regulation references differ.

Checking Your State’s Current Status

WHS law is evolving, and states periodically amend their regulations. If you operate across multiple states, consult each state’s workplace regulator website for the most current requirements.

Exemptions: Are There Any?

Regulation 58 is a broad obligation. However, there are limited circumstances where it may not apply:

Workers Not “Frequently Required to Use HPE”

If workers are not regularly required to wear hearing protection, Regulation 58 does not mandate audiometric testing. However, determining this threshold requires careful assessment. Many employers are overly restrictive in their interpretation and mistakenly believe their workers do not qualify.

Genuine Medical Contraindications

In rare cases, a worker may have a medical condition that makes audiometric testing genuinely unsafe or inadvisable. However, this is uncommon. Audiometric testing is a non-invasive, safe procedure suitable for most workers, including pregnant workers and workers with most common medical conditions. Medical contraindications should be documented and managed on a case-by-case basis with occupational health advice.

No Exemptions for “Small Business”

There is no exemption from Regulation 58 based on business size. A small employer with ten workers in a high-noise environment still must provide audiometric testing. The duty is based on hazard exposure, not business size.

Practical Compliance Checklist for Employers

Use this checklist to assess your current compliance with Regulation 58:

Step 1: Identify Noise-Exposed Workers

• ☐ Have you conducted a noise assessment of your workplace?
• ☐ Is noise exposure at or above 85 dB(A) for any worker roles?
• ☐ Have you identified which workers are “frequently required to use HPE”?
• ☐ Is this list current and reviewed annually?

Step 2: Establish a Testing Program

• ☐ Have you selected an accredited audiometric testing provider?
• ☐ Does the provider comply with AS/NZS 1269.4:2014?
• ☐ Have you scheduled baseline tests within the required timeframe?
• ☐ Have all existing workers who meet the Regulation 58 criteria been tested?

Step 3: Baseline Testing

• ☐ Has each worker had a baseline audiometric test?
• ☐ Was the baseline conducted within 3 months of commencing employment (or commencement date of the regulation in your state)?
• ☐ Was the 14-hour quiet period observed?
• ☐ Are results documented and stored securely?

Step 4: Ongoing Monitoring

• ☐ Have you scheduled monitoring tests at least every 2 years?
• ☐ Do you have a process to identify workers due for testing?
• ☐ Are monitoring results compared against baseline results?
• ☐ Have you established a threshold for identifying significant threshold shift?

Step 5: Response to Deterioration

• ☐ Do you have a process to notify workers of test results?
• ☐ If deterioration is detected, do you refer workers for further assessment?
• ☐ Do you review noise controls and engineering solutions?
• ☐ Are records of referrals and follow-up documented?

Step 6: Record Keeping

• ☐ Are all audiometric test records retained for at least 30 years?
• ☐ Are records stored securely with appropriate privacy controls?
• ☐ Do records include worker identification, test date, tester qualifications, and equipment calibration details?
• ☐ Are records easily retrievable for inspection by a regulator or by the worker?

Step 7: Due Diligence and Documentation

• ☐ Can you demonstrate that you have assessed the noise exposure in your workplace?
• ☐ Do you have written policies or procedures for audiometric testing?
• ☐ Do you document the rationale for your interpretation of “frequently required to use HPE”?
• ☐ Can you produce evidence of communication with workers about the program?

Linking Regulation 58 to Your Broader Noise Management Program

Audiometric testing is one component of comprehensive noise management. Regulation 58 sits within a broader requirement to manage noise hazards through a hierarchy of controls:

1. Elimination: Remove the noise source (e.g., purchase quieter equipment)
2. Substitution: Replace with lower-noise alternative
3. Engineering Controls: Isolation, enclosure, damping (e.g., acoustic panels, machine guards)
4. Administrative Controls: Job rotation, reduced exposure time, maintenance schedules
5. Personal Protective Equipment: Hearing protection (earplugs, earmuffs)

Regulation 58’s requirement for audiometric testing is not a substitute for these controls. It is a monitoring mechanism to detect whether your controls are effective. If audiometric testing reveals significant threshold shift across multiple workers, it signals that your noise controls are inadequate and must be reviewed.

Internal Links: Deepen Your Knowledge

• Comprehensive WHS requirements guide for all jurisdictions
• Baseline vs monitoring tests explained in detail
• Mobile on-site audiometric testing for practical implementation
• Audiometric testing records management best practices

Conclusion

WHS Regulation 58 is not optional. It is a mandatory requirement for PCBUs whose workers are frequently exposed to noise at or above 85 dB(A). Compliance requires establishing baselines within three months, conducting monitoring every two years, notifying workers of results, and maintaining comprehensive records for 30 years.

The regulation reflects Australia’s commitment to preventing occupational hearing loss. By implementing a robust audiometric testing program, you protect your workers’ health, reduce workers’ compensation claims, and demonstrate due diligence to regulators.

The time to act is now. If you have not yet established a Regulation 58 audiometric testing program, engage an accredited provider and begin baselines immediately. The cost of compliance is far less than the cost of non-compliance—in penalties, claims, and reputational damage.