Text: SF02332 Text: SF02334 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 inthe 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 noiselevelexposure 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 noiselevelsexposure may be filedsix monthsbeginning one 2 13 month after separation from the employment in which the 2 14 employee wasexposedsubjected to excessive noiselevels2 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 noiselevelexposure 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.10EMPLOYERSEMPLOYER'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 23loss of the employeelevel in one or both ears in excess of 4 24 twenty-five decibelsANSI or ISOfor 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 andaddress4 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 decibellosshearing 4 32 level,infor the four frequencies, in each ear,if any,and, 4 33 if known to the employer, whether the hearing loss is 4 34 sensorineuralhearing lossand, if the hearing loss resulted 4 35 from another cause, thename of thecause. 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 noiselevelexposure 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 noiselevel5 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 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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