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PAG LIN 1 1 Section 1. Section 85.34, subsection 2, paragraph r, Code 1 2 1995, is amended to read as follows: 1 3 r. (1) For the loss of hearing, other than occupational 1 4 hearing loss as defined in section 85B.4,subsection 1,weekly 1 5 compensation during fifty weeks, and for the loss of hearing 1 6 in both ears, weekly compensation during one hundred seventy- 1 7 five weeks. 1 8 (2) For occupational hearing loss, weekly compensation as 1 9 provided inthe Iowa occupational hearing loss Act [chapter 1 10 85B]. 1 11 Sec. 2. Section 85B.4, Code 1995, is amended by striking 1 12 the section and inserting in lieu thereof the following: 1 13 85B.4 DEFINITIONS. 1 14 As used in this chapter, unless the context otherwise 1 15 provides: 1 16 1. "Excessive noise exposure" means exposure to sound 1 17 capable of producing occupational hearing loss. 1 18 2. "Hearing level" means the measured threshold of hearing 1 19 sensitivity using audiometric instruments properly calibrated 1 20 to the American national standards institute audiometric zero 1 21 reference level. 1 22 3. "Occupational hearing loss" means that portion of a 1 23 permanent sensorineural loss of hearing in one or both ears 1 24 that exceeds an average hearing level of twenty-five decibels 1 25 for the frequencies five hundred, one thousand, two thousand, 1 26 and three thousand Hertz, arising out of and in the course of 1 27 employment caused by excessive noise exposure. "Occupational 1 28 hearing loss" does not include loss of hearing attributable to 1 29 age or any other condition or exposure not arising out of and 1 30 in the course of employment. 1 31 Sec. 3. Section 85B.8, unnumbered paragraph 1, Code 1995, 1 32 is amended to read as follows: 1 33 A claim for occupational hearing lossdue to excessive1 34noise levelsmay be filedsix monthsafter separation from the 1 35employment in which the employee was exposed toexcessive 2 1 noiselevelsexposure for a period of one month provided that 2 2 the employee will not be returned to such employment either 2 3 due to medical restriction or termination of employment. The 2 4 date of the injury shall be the date of occurrence of any one 2 5 of the following events: 2 6 Sec. 4. Section 85B.5, unnumbered paragraph 1, Code 1995, 2 7 is amended to read as follows: 2 8 An excessive noiselevelexposure is sound which exceeds 2 9 the times and intensities listed in the following table: 2 10 Sec. 5. Section 85B.8, subsection 1, Code 1995, is amended 2 11 to read as follows: 2 12 1. Transfer from excessive noiselevelexposure employment 2 13 by an employer. 2 14 Sec. 6. Section 85B.9, Code 1995, is amended by striking 2 15 the section and inserting in lieu thereof the following: 2 16 85B.9 MEASURING HEARING LOSS. 2 17 1. Audiometric instruments, properly calibrated to the 2 18 American national standards institute specifications shall be 2 19 used for measuring hearing levels and in such tests necessary 2 20 to establish total hearing loss, if any. The hearing tests 2 21 and examinations shall be conducted in environments which 2 22 comply with accepted national standards. 2 23 2. Audiometric examinations shall be administered by 2 24 persons who are certified by the council for accreditation in 2 25 occupational hearing conservation or by persons licensed as 2 26 audiologists under chapter 147, as physicians under chapter 2 27 148, as osteopathic physicians under chapter 150, or as 2 28 osteopathic physicians and surgeons under chapter 150A, 2 29 provided the licensed persons are trained in audiometry. 2 30 3. In calculating the total amount of hearing loss, the 2 31 hearing levels at each of the four frequencies, five hundred, 2 32 one thousand, two thousand, and three thousand Hertz shall be 2 33 added together and divided by four to determine the average 2 34 decibel hearing level for each ear. If the resulting average 2 35 decibel hearing level in either ear is twenty-five decibels or 3 1 less, the percentage hearing loss for that ear shall be zero. 3 2 For each resulting average decibel hearing level exceeding 3 3 twenty-five decibels, an allowance of one and one-half percent 3 4 shall be made up to the maximum of one hundred percent which 3 5 is reached at an average decibel hearing level of ninety-two 3 6 decibels. In determining the total binaural percentage 3 7 hearing loss, the percentage hearing loss for the ear with 3 8 better hearing shall be multiplied by five and added to the 3 9 percentage hearing loss for the ear with worse hearing and the 3 10 sum of the two divided by six. 3 11 4. The assessment of the proportion of the total binaural 3 12 percentage hearing loss that is due to occupational noise 3 13 exposure shall be made by the employer's regular or consulting 3 14 physician or licensed audiologist who is trained and has had 3 15 experience with such assessment. If several audiometric 3 16 examinations are available for assessment, the physician or 3 17 audiologist shall determine which examinations shall be used 3 18 in the final assessment of occupational hearing loss. 3 19 If the employee disputes the assessment, the employee may 3 20 select a physician or licensed audiologist similarly trained 3 21 and experienced to give an assessment of the audiometric 3 22 examinations. 3 23 5. This section is applicable in the event of partial 3 24 permanent or total permanent occupational hearing loss in one 3 25 or both ears. 3 26 Sec. 7. NEW SECTION. 85B.9A APPORTIONMENT OF 3 27 OCCUPATIONAL HEARING LOSS. 3 28 Apportionment of the total hearing loss between 3 29 occupational and nonoccupational loss, for purposes of 3 30 determining occupational hearing loss, may be made by an 3 31 audiologist or physician, with qualifications set forth in 3 32 section 85B.9. In determining occupational hearing loss, 3 33 consideration shall be given to all probable employment and 3 34 nonemployment sources of loss and of the existence of any 3 35 prevention measures and programs. 4 1 Sec. 8. Section 85B.10, Code 1995, is amended to read as 4 2 follows: 4 3 85B.10 EMPLOYERS NOTICE OF RESULTS OF TEST. 4 4 The employer shall communicate to the employee, in writing, 4 5 the results of an audiometric examination or physical 4 6 examination of an employee which reflects an average hearing 4 7loss of the employeelevel in one or both ears in excess of 4 8 twenty-five decibelsANSI or ISOfor the test frequencies of 4 9 five hundred, one thousand, two thousand, and three thousand 4 10 Hertz, as soon as practicable after the examination. The 4 11 communication shall include the name andaddress4 12 qualifications of the person conducting the audiometric 4 13 examination or physical examination, the site of the 4 14 examination, the kind or type of test or examinations given, 4 15 the results of each,and the average decibellosshearing 4 16 level,infor the four frequencies, in each ear,if any,and, 4 17 if known to the employer, whether the hearing loss is 4 18 sensorineuralhearing lossand, if the hearing loss resulted 4 19 from another cause, thename of thecause. 4 20 Sec. 9. Section 85B.11, Code 1995, is amended to read as 4 21 follows: 4 22 85B.11 PREVIOUS HEARING LOSS EXCLUDED. 4 23 An employer is liable, as provided in this chapter and 4 24 subject to the provisions of chapter 85, for an occupational 4 25 hearing loss to which the employment has contributed, but if 4 26 previous hearing loss, whether occupational or not, is 4 27 established by an audiometric examination or other competent 4 28 evidence, whether or not the employee was exposed to excessive 4 29 noiselevelexposure within six months preceding the test, the 4 30 employer is not liable for the previous loss, nor is the 4 31 employer liable for a loss for which compensation has 4 32 previously been paid or awarded. The employer is liable only 4 33 for the difference between the percent of occupational hearing 4 34 loss determined as of the date of the audiometric examination 4 35 used to determine occupational hearing loss and the percentage 5 1 of loss established by the pre-employment audiometric 5 2 examination. An amount paid to an employee for occupational 5 3 hearing loss by any other employer shall be credited against 5 4 compensation payable by an employer for the hearing loss. An 5 5 employee shall not receive in the aggregate greater 5 6 compensation from all employers for occupational hearing loss 5 7 than that provided in this section for total occupational 5 8 hearing loss. A payment shall not be made to an employee 5 9 unless the employee has worked in excessive noiselevel5 10 exposure employment for a total period of at least ninety days 5 11 for the employer from whom compensation is claimed. 5 12 Sec. 10. Section 85B.12, Code 1995, is amended to read as 5 13 follows: 5 14 85B.12 HEARING AID PROVIDED. 5 15 A reduction of the compensation payable to an employee for 5 16 occupational hearing loss shall not be made because the 5 17 employee's ability to communicate may be improved by the use 5 18 of a hearing aid. An employer who is liable for occupational 5 19 hearing loss of an employee is required to provide the 5 20 employee with a hearing aid for each affected ear unless it 5 21 will not materially improve the employee's ability to 5 22 communicate. 5 23 Sec. 11. INTENT. It is the intent of the general assembly 5 24 that the changes in this Act to the following Code sections 5 25 merely confirm, and do not modify, the intent of chapter 85B 5 26 as codified prior to July 1, 1996: 5 27 1. The changes to section 85B.4. 5 28 2. The changes to section 85B.9. 5 29 EXPLANATION 5 30 This bill amends chapter 85B concerning occupational 5 31 hearing loss. The bill provides, however, that the changes to 5 32 sections 85B.4 and 85B.9 reflected in the bill are intended by 5 33 the general assembly to confirm the intent of the chapter 5 34 prior to the changes. 5 35 Section 2 provides for the definition of excessive noise 6 1 exposure, hearing level, and occupational hearing loss. 6 2 Current law defines excessive noise level and occupational 6 3 hearing loss. 6 4 Section 85B.8 is changed to provide that a claim for 6 5 occupational hearing loss may be filed after separation from 6 6 the excessive noise for a period of one month provided that 6 7 the employee will not be returned to such employment. 6 8 The bill also replaces the current section measuring 6 9 hearing loss. New section 85B.9A provides that any 6 10 apportionment of occupational and nonoccupational loss be made 6 11 by an audiologist or qualified physician, and that all 6 12 probable employment and nonemployment sources of loss be 6 13 considered. The bill also changes section 85B.12 to provide 6 14 for a hearing aid for each affected ear if certain conditions 6 15 are met. 6 16 LSB 4207SV 76 6 17 ec/sc/14
Text: SF02329 Text: SF02331 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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