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.]
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.]