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Senate File 2333

Partial Bill History

Bill Text

PAG LIN
  1  1                                       SENATE FILE 2333
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO OCCUPATIONAL HEARING LOSS RECOVERY, PROVIDING
  1  5    DEFINITIONS, AND PROVIDING FOR THE APPORTIONMENT AND
  1  6    MEASUREMENT OF HEARING LOSS.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  9 
  1 10    Section 1.  Section 85.34, subsection 2, paragraph r, Code
  1 11 Supplement 1997, is amended to read as follows:
  1 12    r.  (1)  For the loss of hearing, other than occupational
  1 13 hearing loss as defined in section 85B.4, subsection 1, weekly
  1 14 compensation during fifty weeks, and for the loss of hearing
  1 15 in both ears, weekly compensation during one hundred seventy-
  1 16 five weeks.
  1 17    (2)  For occupational hearing loss, weekly compensation as
  1 18 provided in the Iowa occupational hearing loss Act [chapter
  1 19 85B].
  1 20    Sec. 2.  Section 85B.4, Code 1997, is amended by striking
  1 21 the section and inserting in lieu thereof the following:
  1 22    85B.4  DEFINITIONS.
  1 23    As used in this chapter, unless the context otherwise
  1 24 provides:
  1 25    1.  "Excessive noise exposure" means exposure to sound
  1 26 capable of producing occupational hearing loss.
  1 27    2.  "Hearing level" means the measured threshold of hearing
  1 28 sensitivity using audiometric instruments properly calibrated
  1 29 to the American national standards institute audiometric zero
  1 30 reference level.
  1 31    3.  "Occupational hearing loss" means that portion of a
  1 32 permanent sensorineural loss of hearing in one or both ears
  1 33 that exceeds an average hearing level of twenty-five decibels
  1 34 for the frequencies five hundred, one thousand, two thousand,
  1 35 and three thousand Hertz, arising out of and in the course of
  2  1 employment caused by excessive noise exposure.  "Occupational
  2  2 hearing loss" does not include loss of hearing attributable to
  2  3 age or any other condition or exposure not arising out of and
  2  4 in the course of employment.
  2  5    Sec. 3.  Section 85B.5, unnumbered paragraph 1, Code 1997,
  2  6 is amended to read as follows:
  2  7    An excessive noise level exposure is sound which exceeds
  2  8 the times and intensities listed in the following table:
  2  9    Sec. 4.  Section 85B.8, unnumbered paragraph 1, Code 1997,
  2 10 is amended to read as follows:
  2 11    A claim for occupational hearing loss due to excessive
  2 12 noise levels exposure may be filed six months beginning one
  2 13 month after separation from the employment in which the
  2 14 employee was exposed subjected to excessive noise levels
  2 15 exposure.  The date of the injury shall be the date of
  2 16 occurrence of any one of the following events:
  2 17    Sec. 5.  Section 85B.8, subsection 1, Code 1997, is amended
  2 18 to read as follows:
  2 19    1.  Transfer from excessive noise level exposure employment
  2 20 by an employer.
  2 21    Sec. 6.  Section 85B.9, Code 1997, is amended by striking
  2 22 the section and inserting in lieu thereof the following:
  2 23    85B.9  MEASURING HEARING LOSS.
  2 24    1.  Audiometric instruments, properly calibrated to the
  2 25 American national standards institute specifications, shall be
  2 26 used for measuring hearing levels and in such tests necessary
  2 27 to establish total hearing loss, if any.  The hearing tests
  2 28 and examinations shall be conducted in environments which
  2 29 comply with accepted national standards.
  2 30    2.  Audiometric examinations shall be administered by
  2 31 persons who are certified by the council for accreditation in
  2 32 occupational hearing conservation or by persons licensed as
  2 33 audiologists under chapter 147, as physicians under chapter
  2 34 148, as osteopathic physicians under chapter 150, or as
  2 35 osteopathic physicians and surgeons under chapter 150A,
  3  1 provided the licensed persons are trained in audiometry.
  3  2    3.  In calculating the total amount of hearing loss, the
  3  3 hearing levels at each of the four frequencies, five hundred,
  3  4 one thousand, two thousand, and three thousand Hertz shall be
  3  5 added together and divided by four to determine the average
  3  6 decibel hearing level for each ear.  If the resulting average
  3  7 decibel hearing level in either ear is twenty-five decibels or
  3  8 less, the percentage hearing loss for that ear shall be zero.
  3  9 For each resulting average decibel hearing level exceeding
  3 10 twenty-five decibels, an allowance of one and one-half percent
  3 11 shall be made up to the maximum of one hundred percent which
  3 12 is reached at an average decibel hearing level of ninety-two
  3 13 decibels.  In determining the total binaural percentage
  3 14 hearing loss, the percentage hearing loss for the ear with
  3 15 better hearing shall be multiplied by five and added to the
  3 16 percentage hearing loss for the ear with worse hearing and the
  3 17 sum of the two divided by six.
  3 18    4.  The assessment of the proportion of the total binaural
  3 19 percentage hearing loss that is due to occupational noise
  3 20 exposure shall be made by the employer's regular or consulting
  3 21 physician or licensed audiologist who is trained and has had
  3 22 experience with such assessment.  If several audiometric
  3 23 examinations are available for assessment, the physician or
  3 24 audiologist shall determine which examinations shall be used
  3 25 in the final assessment of occupational hearing loss.
  3 26    If the employee disputes the assessment, the employee may
  3 27 select a physician or licensed audiologist similarly trained
  3 28 and experienced to give an assessment of the audiometric
  3 29 examinations.
  3 30    5.  This section is applicable in the event of partial
  3 31 permanent or total permanent occupational hearing loss in one
  3 32 or both ears.
  3 33    Sec. 7.  NEW SECTION.  85B.9A  APPORTIONMENT OF
  3 34 OCCUPATIONAL HEARING LOSS.
  3 35    Apportionment of the total hearing loss between
  4  1 occupational and nonoccupational loss, for purposes of
  4  2 determining occupational hearing loss, may be made by an
  4  3 audiologist or physician with qualifications set forth in
  4  4 section 85B.9.  In determining occupational hearing loss,
  4  5 consideration shall be given to all probable employment and
  4  6 nonemployment sources of loss.  The apportionment of age-
  4  7 related loss shall be made by reducing the total binaural
  4  8 percentage hearing loss as calculated pursuant to section
  4  9 85B.9, subsection 3, by the same percentage as the decibels of
  4 10 age-related loss occurring during the period of employment
  4 11 bears to the total decibel hearing level in each ear.  The
  4 12 decibels of age-related loss shall be calculated according to
  4 13 tables adopted by the industrial commissioner consistent with
  4 14 tables of the national institute for occupational safety and
  4 15 health existing on July 1, 1998, and consistent with section
  4 16 85B.9, subsection 3.
  4 17    Sec. 8.  Section 85B.10, Code 1997, is amended to read as
  4 18 follows:
  4 19    85B.10  EMPLOYERS EMPLOYER'S NOTICE OF RESULTS OF TEST.
  4 20    The employer shall communicate to the employee, in writing,
  4 21 the results of an audiometric examination or physical
  4 22 examination of an employee which reflects an average hearing
  4 23 loss of the employee level in one or both ears in excess of
  4 24 twenty-five decibels ANSI or ISO for the test frequencies of
  4 25 five hundred, one thousand, two thousand, and three thousand
  4 26 Hertz, as soon as practicable after the examination.  The
  4 27 communication shall include the name and address
  4 28 qualifications of the person conducting the audiometric
  4 29 examination or physical examination, the site of the
  4 30 examination, the kind or type of test or examinations given,
  4 31 the results of each, and the average decibel loss hearing
  4 32 level, in for the four frequencies, in each ear, if any, and,
  4 33 if known to the employer, whether the hearing loss is
  4 34 sensorineural hearing loss and, if the hearing loss resulted
  4 35 from another cause, the name of the cause.
  5  1    Sec. 9.  Section 85B.11, Code 1997, is amended to read as
  5  2 follows:
  5  3    85B.11  PREVIOUS HEARING LOSS EXCLUDED.
  5  4    An employer is liable, as provided in this chapter and
  5  5 subject to the provisions of chapter 85, for an occupational
  5  6 hearing loss to which the employment has contributed, but if
  5  7 previous hearing loss, whether occupational or not, is
  5  8 established by an audiometric examination or other competent
  5  9 evidence, whether or not the employee was exposed to excessive
  5 10 noise level exposure within six months preceding the test, the
  5 11 employer is not liable for the previous loss, nor is the
  5 12 employer liable for a loss for which compensation has
  5 13 previously been paid or awarded.  The employer is liable only
  5 14 for the difference between the percent of occupational hearing
  5 15 loss determined as of the date of the audiometric examination
  5 16 used to determine occupational hearing loss and the percentage
  5 17 of loss established by the pre-employment audiometric
  5 18 examination.  An amount paid to an employee for occupational
  5 19 hearing loss by any other employer shall be credited against
  5 20 compensation payable by an employer for the hearing loss.  An
  5 21 employee shall not receive in the aggregate greater
  5 22 compensation from all employers for occupational hearing loss
  5 23 than that provided in this section for total occupational
  5 24 hearing loss.  A payment shall not be made to an employee
  5 25 unless the employee has worked in excessive noise level
  5 26 exposure employment for a total period of at least ninety days
  5 27 for the employer from whom compensation is claimed.
  5 28    Sec. 10.  Section 85B.12, Code 1997, is amended to read as
  5 29 follows:
  5 30    85B.12  HEARING AID PROVIDED.
  5 31    A reduction of the compensation payable to an employee for
  5 32 occupational hearing loss shall not be made because the
  5 33 employee's ability to communicate may be improved by the use
  5 34 of a hearing aid.  An employer who is liable for occupational
  5 35 hearing loss of an employee is required to provide the
  6  1 employee with a hearing aid for each affected ear unless it
  6  2 will not materially improve the employee's ability to
  6  3 communicate.  
  6  4 
  6  5 
  6  6                                                             
  6  7                               MARY E. KRAMER
  6  8                               President of the Senate
  6  9 
  6 10 
  6 11                                                             
  6 12                               RON J. CORBETT
  6 13                               Speaker of the House
  6 14 
  6 15    I hereby certify that this bill originated in the Senate and
  6 16 is known as Senate File 2333, Seventy-seventh General Assembly.
  6 17 
  6 18 
  6 19                                                             
  6 20                               MARY PAT GUNDERSON
  6 21                               Secretary of the Senate
  6 22 Approved                , 1998
  6 23 
  6 24 
  6 25                         
  6 26 TERRY E. BRANSTAD
  6 27 Governor
     

Text: SF02332                           Text: SF02334
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Bills and Amendments: General Index     Bill History: General Index

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