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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SCHEDULE 7

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SCHEDULE 7

[s. 24A]

        [Heading inserted: No. 36 of 1988 s. 12.]

1 .         Terms used

                In this Schedule —

        audiometric test means an audiometric test carried out in accordance with clause 4(1);

        prescribed workplace means a workplace prescribed under clause 10;

        proclaimed date means the date on which the Workers’ Compensation and Assistance Amendment Act 1988 comes into operation.

        [Clause 1 inserted: No. 36 of 1988 s. 12.]

2 .         Audiometric tests, when some workers have to undergo

        (1)         A worker employed in a prescribed workplace shall undergo an initial audiometric test as soon as practicable but no later than —

            (a)         where the worker is employed in a prescribed workplace at the proclaimed date, 12 months after that date; or

            (b)         if the worker was not employed in a prescribed workplace at the proclaimed date, 12 months after the worker commences employment in a prescribed workplace.

        (2)         A worker employed in a prescribed workplace, or who has retired from work in a prescribed workplace within the last 3 months, who has not undergone an audiometric test for 12 months and who wishes to do so may request the employer, or in the case of a retired worker the worker’s last employer, in writing to arrange for such a test and the employer shall, as soon as practicable, but not later than one month after the day that the request was received, arrange for the test to be held at the earliest date practicable.

        (3)         A worker who has retired from work and is subsequently employed in a prescribed workplace shall undergo an audiometric test within 3 months of commencing that employment.

        (4)         Any worker may undergo an audiometric test at any other time not referred to in this clause but clause 3 does not apply to that test.

        [Clause 2 inserted: No. 36 of 1988 s. 12.]

3 .         Employer to arrange and pay for audiometric test

        (1)         The employer of a worker who is required, or who makes a request, to undergo an audiometric test under clause 2 shall —

            (a)         arrange for the test; and

            (b)         bear the cost of the test and all reasonable fares and expenses incurred by the worker in travelling to undergo the test and in returning, including the reasonable cost of meals and lodgings; and

            (c)         give written notice to the worker in the prescribed form of the time and place of the test, where relevant, the requirement to undergo the test and any other particulars prescribed regarding the test.

        (2)         An employer who contravenes subclause (1) commits an offence.

        [Clause 3 inserted: No. 36 of 1988 s. 12.]

4 .         Carrying out of audiometric tests

        (1)         An audiometric test shall be carried out in the prescribed manner by a person meeting the prescribed requirements and approved by the chief executive officer.

        (2)         A person who carries out an audiometric test shall ensure that the results of the test prepared, or summarized, as prescribed are delivered to WorkCover WA and to the worker tested within one month after the day of the test.

        (3)         Subject to subclause (2), a person who carries out an audiometric test shall ensure that the results of the test, and any information derived from those results, are not communicated to any person other than at the written request of the worker tested or to —

            (a)         the chief executive officer; or

            (b)         any other person prescribed in circumstances, if any, prescribed.

        (4)         A person who contravenes subclause (2) or (3) commits an offence.

        [Clause 4 inserted: No. 36 of 1988 s. 12; amended: No. 42 of 2004 s. 150 and 152.]

5 .         Communication and storage of audiometric test results

        (1)         WorkCover WA shall communicate the results of an audiometric test delivered to it under clause 4(2) —

            (a)         to the worker tested and, if the test results indicate that the worker may be entitled to compensation for noise induced hearing loss under section 24A or 31E, to the worker’s employer; and

            (b)         to an arbitrator, where required to do so under section 73(6).

        (1a)         WorkCover WA may communicate the results mentioned in subclause (1) or information from those results, to any other person if, and only if, the identity of the worker or employer to whom the results or information relates, is not revealed to that person.

        (2)         WorkCover WA shall store the results of audiometric tests delivered to it under clause 4(2) for the period prescribed and, subject to subclause (1), shall ensure that those results, and any information derived from them, remain confidential.

        (3)         Subject to subclause (2), WorkCover WA may store the results of audiometric tests delivered to it under clause 4(2) in any form that enables the results stored, or information from those results, to be read, whether with the use of a device or otherwise.

        [Clause 5 inserted: No. 36 of 1988 s. 12; amended: No. 48 of 1993 s. 43; No. 34 of 1999 s. 56(1); No. 42 of 2004 s. 144(1) and 150.]

6 .         Referring questions about hearing loss etc. to medical assessment panel

                If section 145A so permits, a question that arises under section 24A or 31E regarding audiometric testing or hearing loss, including whether or to what extent hearing loss is noise induced hearing loss, may be referred for determination by a medical assessment panel.

        [Clause 6 inserted: No. 42 of 2004 s. 144(2); amended: No. 31 of 2011 s. 73.]

7 .         Re-test of person’s hearing

        (1)         Where an audiometric test has been carried out on a worker and the worker or the employer, within 3 months after the day on which the results of the audiometric test are communicated to him or her, gives notice in the prescribed form to WorkCover WA to the effect that the test results are disputed WorkCover WA shall arrange for a re-test of the worker to be carried out in the prescribed manner.

        (2)         If a worker refuses without reasonable excuse, proof of which is on the worker, to submit to a re-test under subclause (1) or obstructs that re-test, then that worker’s right to compensation for noise induced hearing loss under section 24A or 31E is suspended until the re-test takes place.

        (3)         The costs of a re-test under this clause and all reasonable fares and expenses incurred by the worker in travelling to undergo the test and in returning, including the reasonable cost of meals and lodgings shall be paid from moneys standing to the credit of the General Account.

        [Clause 7 inserted: No. 36 of 1988 s. 12; amended: No. 49 of 1996 s. 64; No. 42 of 2004 s. 144(3) and 150; No. 77 of 2006 Sch. 1 cl. 189(9).]

8 .         Determining extent of hearing loss

        (1)         The results of an audiometric test carried out on a worker and stored in any form by WorkCover WA under clause 5 are prima facie evidence of the level of hearing of the person at the date of the test.

        (2)         Where a comparison of the results of 2 audiometric tests stored by WorkCover WA under clause 5 shows that a loss or diminution of the hearing of a worker has occurred, those results shall be prima facie evidence of the measure of loss or diminution of hearing of that worker between the dates of the tests.

        (3)         Where an audiometric test shows that a loss or diminution of hearing has been incurred by a worker but the worker has not undergone an earlier audiometric test then whether, and to what extent, that loss or diminution of hearing is compensable noise induced hearing loss may, in default of agreement between the worker and employer, be dealt with as a dispute under Part XI.

        (4)         If a worker —

            (a)         undergoes an audiometric test within 3 months of the worker’s employment being terminated, or in the case of a worker who has retired, the worker makes a request under clause 2(2) within 3 months of retirement, then the results of that test shall be taken into account in assessing hearing loss for the purposes of section 24A or 31E as if the person had undergone the test before the termination of that employment, or on retirement; or

            (b)         undergoes an audiometric test within 3 months before commencing employment then the results of that test shall be taken into account in assessing hearing loss for the purposes of section 24A or 31E as if the worker had undergone the test at the commencement of that employment.

        [Clause 8 inserted: No. 36 of 1988 s. 12; amended: No. 48 of 1993 s. 28(1); No. 34 of 1999 s. 56(3); No. 42 of 2004 s. 144(4) and (5) and 150.]

9 .         Audiometric test not conclusive proof that hearing loss is noise induced

                The fact that the worker was under a duty or chose to undergo an audiometric test or other hearing test, shall not be conclusive proof that any loss or diminution of the worker’s hearing is due to the nature of the employment in which the worker was employed.

        [Clause 9 inserted: No. 36 of 1988 s. 12.]

10 .         Workplaces to be prescribed

                Workplaces shall be prescribed for the purposes of this Schedule.

        [Clause 10 inserted: No. 36 of 1988 s. 12.]