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Senate Study Bill 2006

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 85B.4, subsection 1, unnumbered
  1  2 paragraph 1, Code 1995, is amended to read as follows:
  1  3    "Occupational hearing loss" means a permanent sensorineural
  1  4 loss of hearing in one or both ears in excess of twenty-five
  1  5 decibels if measured from international standards organization
  1  6 or American national standards institute zero reference level,
  1  7 which arises out of and in the course of employment caused by
  1  8 prolonged exposure to excessive noise levels where the total
  1  9 hearing loss from all sources exceeds twenty-five decibels if
  1 10 measured from international standards organization or American
  1 11 national standards institute zero reference level.
  1 12 Occupational hearing loss does not mean loss of hearing
  1 13 attributable to age or any other condition or exposure not
  1 14 arising out of and in the course of employment.
  1 15    Sec. 2.  Section 85B.7, Code 1995, is amended to read as
  1 16 follows:
  1 17    85B.7  PERIODIC EXAMINATION.
  1 18    Compensation is not payable to an employee who willfully
  1 19 fails to submit for reasonable periodic physical and
  1 20 audiometric examinations.  Reasonable written notice of the
  1 21 dates and times of examinations required by the employer shall
  1 22 be given the employee.  Examinations shall be scheduled during
  1 23 times the employee, examining personnel, and examination
  1 24 facilities are reasonably available.  Physical and audiometric
  1 25 examinations shall be at the expense of the employer.  The
  1 26 employee shall be compensated for any time lost from work
  1 27 occasioned by employer examinations.  Compensation is not
  1 28 payable to an employee if the employee fails or refuses to use
  1 29 employer-provided hearing protective devices required by the
  1 30 employer and communicated in writing to the employee at the
  1 31 time the employee is employed or at the time the protective
  1 32 devices are provided by the employer for hearing loss incurred
  1 33 during any period during which the employer has provided the
  1 34 employee with hearing protective devices capable of reducing
  1 35 noise exposure below excessive noise levels and has given the
  2  1 employee appropriate instruction in the fit and use of the
  2  2 devices.  
  2  3                           EXPLANATION
  2  4    This bill provides that occupational hearing loss as
  2  5 defined in chapter 85B does not include hearing loss
  2  6 attributable to age or any other condition or exposure not
  2  7 arising out of and in the course of employment.
  2  8    The bill also provides that an employee is not entitled to
  2  9 compensation for hearing loss during a period of time for
  2 10 which the employer has provided adequate hearing devices to
  2 11 the employee and has instructed the employee on how to use the
  2 12 devices.  
  2 13 LSB 3520SC 76
  2 14 ec/cf/24
     
Text: SSB02005                          Text: SSB02007
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