Text: SSB02148 Text: SSB02150 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 85.34, subsection 2, paragraph r, Code 1 2 Supplement 1997, 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 1997, 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.5, unnumbered paragraph 1, Code 1997, 1 32 is amended to read as follows: 1 33 An excessive noiselevelexposure is sound which exceeds 1 34 the times and intensities listed in the following table: 1 35 Sec. 4. Section 85B.8, unnumbered paragraph 1, Code 1997, 2 1 is amended to read as follows: 2 2 A claim for occupational hearing loss due to excessive 2 3 noiselevelsexposure may be filedsix monthsbeginning one 2 4 month after separation from the employment in which the 2 5 employee wasexposedsubjected to excessive noiselevels2 6 exposure. The date of the injury shall be the date of 2 7 occurrence of any one of the following events: 2 8 Sec. 5. Section 85B.8, subsection 1, Code 1997, is amended 2 9 to read as follows: 2 10 1. Transfer from excessive noiselevelexposure employment 2 11 by an employer. 2 12 Sec. 6. Section 85B.9, Code 1997, is amended by striking 2 13 the section and inserting in lieu thereof the following: 2 14 85B.9 MEASURING HEARING LOSS. 2 15 1. Audiometric instruments, properly calibrated to the 2 16 American national standards institute specifications, shall be 2 17 used for measuring hearing levels and in such tests necessary 2 18 to establish total hearing loss, if any. The hearing tests 2 19 and examinations shall be conducted in environments which 2 20 comply with accepted national standards. 2 21 2. Audiometric examinations shall be administered by 2 22 persons who are certified by the council for accreditation in 2 23 occupational hearing conservation or by persons licensed as 2 24 audiologists under chapter 147, as physicians under chapter 2 25 148, as osteopathic physicians under chapter 150, or as 2 26 osteopathic physicians and surgeons under chapter 150A, 2 27 provided the licensed persons are trained in audiometry. 2 28 3. In calculating the total amount of hearing loss, the 2 29 hearing levels at each of the four frequencies, five hundred, 2 30 one thousand, two thousand, and three thousand Hertz shall be 2 31 added together and divided by four to determine the average 2 32 decibel hearing level for each ear. If the resulting average 2 33 decibel hearing level in either ear is twenty-five decibels or 2 34 less, the percentage hearing loss for that ear shall be zero. 2 35 For each resulting average decibel hearing level exceeding 3 1 twenty-five decibels, an allowance of one and one-half percent 3 2 shall be made up to the maximum of one hundred percent which 3 3 is reached at an average decibel hearing level of ninety-two 3 4 decibels. In determining the total binaural percentage 3 5 hearing loss, the percentage hearing loss for the ear with 3 6 better hearing shall be multiplied by five and added to the 3 7 percentage hearing loss for the ear with worse hearing and the 3 8 sum of the two divided by six. 3 9 4. The assessment of the proportion of the total binaural 3 10 percentage hearing loss that is due to occupational noise 3 11 exposure shall be made by the employer's regular or consulting 3 12 physician or licensed audiologist who is trained and has had 3 13 experience with such assessment. If several audiometric 3 14 examinations are available for assessment, the physician or 3 15 audiologist shall determine which examinations shall be used 3 16 in the final assessment of occupational hearing loss. 3 17 If the employee disputes the assessment, the employee may 3 18 select a physician or licensed audiologist similarly trained 3 19 and experienced to give an assessment of the audiometric 3 20 examinations. 3 21 5. This section is applicable in the event of partial 3 22 permanent or total permanent occupational hearing loss in one 3 23 or both ears. 3 24 Sec. 7. NEW SECTION. 85B.9A APPORTIONMENT OF 3 25 OCCUPATIONAL HEARING LOSS. 3 26 Apportionment of the total hearing loss between 3 27 occupational and nonoccupational loss, for purposes of 3 28 determining occupational hearing loss, may be made by an 3 29 audiologist or physician with qualifications set forth in 3 30 section 85B.9. In determining occupational hearing loss, 3 31 consideration shall be given to all probable employment and 3 32 nonemployment sources of loss and of the existence of any 3 33 prevention measures and programs. 3 34 Sec. 8. Section 85B.10, Code 1997, is amended to read as 3 35 follows: 4 1 85B.10EMPLOYERSEMPLOYER'S NOTICE OF RESULTS OF TEST. 4 2 The employer shall communicate to the employee, in writing, 4 3 the results of an audiometric examination or physical 4 4 examination of an employee which reflects an average hearing 4 5loss of the employeelevel in one or both ears in excess of 4 6 twenty-five decibelsANSI or ISOfor the test frequencies of 4 7 five hundred, one thousand, two thousand, and three thousand 4 8 Hertz, as soon as practicable after the examination. The 4 9 communication shall include the name andaddress4 10 qualifications of the person conducting the audiometric 4 11 examination or physical examination, the site of the 4 12 examination, the kind or type of test or examinations given, 4 13 the results of each,and the average decibellosshearing 4 14 level,infor the four frequencies, in each ear,if any,and, 4 15 if known to the employer, whether the hearing loss is 4 16 sensorineuralhearing lossand, if the hearing loss resulted 4 17 from another cause, thename of thecause. 4 18 Sec. 9. Section 85B.11, Code 1997, is amended to read as 4 19 follows: 4 20 85B.11 PREVIOUS HEARING LOSS EXCLUDED. 4 21 An employer is liable, as provided in this chapter and 4 22 subject to the provisions of chapter 85, for an occupational 4 23 hearing loss to which the employment has contributed, but if 4 24 previous hearing loss, whether occupational or not, is 4 25 established by an audiometric examination or other competent 4 26 evidence, whether or not the employee was exposed to excessive 4 27 noiselevelexposure within six months preceding the test, the 4 28 employer is not liable for the previous loss, nor is the 4 29 employer liable for a loss for which compensation has 4 30 previously been paid or awarded. The employer is liable only 4 31 for the difference between the percent of occupational hearing 4 32 loss determined as of the date of the audiometric examination 4 33 used to determine occupational hearing loss and the percentage 4 34 of loss established by the pre-employment audiometric 4 35 examination. An amount paid to an employee for occupational 5 1 hearing loss by any other employer shall be credited against 5 2 compensation payable by an employer for the hearing loss. An 5 3 employee shall not receive in the aggregate greater 5 4 compensation from all employers for occupational hearing loss 5 5 than that provided in this section for total occupational 5 6 hearing loss. A payment shall not be made to an employee 5 7 unless the employee has worked in excessive noiselevel5 8 exposure employment for a total period of at least ninety days 5 9 for the employer from whom compensation is claimed. 5 10 Sec. 10. Section 85B.12, Code 1997, is amended to read as 5 11 follows: 5 12 85B.12 HEARING AID PROVIDED. 5 13 A reduction of the compensation payable to an employee for 5 14 occupational hearing loss shall not be made because the 5 15 employee's ability to communicate may be improved by the use 5 16 of a hearing aid. An employer who is liable for occupational 5 17 hearing loss of an employee is required to provide the 5 18 employee with a hearing aid for each affected ear unless it 5 19 will not materially improve the employee's ability to 5 20 communicate. 5 21 Sec. 11. INTENT. It is the intent of the general assembly 5 22 that the changes in this Act to Code sections 85B.4 and 85B.9 5 23 merely confirm, and do not modify, the intent of chapter 85B 5 24 as codified prior to July 1, 1998. 5 25 EXPLANATION 5 26 This bill amends Code chapter 85B concerning occupational 5 27 hearing loss. The bill provides, however, that the changes to 5 28 Code sections 85B.4 and 85B.9 reflected in the bill are 5 29 intended by the general assembly to confirm the intent of the 5 30 chapter prior to the changes. 5 31 The bill replaces the current definitions section in Code 5 32 chapter 85B and provides for the definitions of excessive 5 33 noise exposure, hearing level, and occupational hearing loss. 5 34 Current law defines excessive noise level and occupational 5 35 hearing loss. 6 1 Code section 85B.8 is changed to provide that a claim for 6 2 occupational hearing loss may be filed beginning one month 6 3 after separation from the excessive noise. 6 4 The bill also replaces the current section providing for 6 5 the measurement of hearing loss. New Code section 85B.9A 6 6 provides that any apportionment of occupational and 6 7 nonoccupational loss be made by an audiologist or qualified 6 8 physician and that consideration of all probable sources of 6 9 loss shall be given in determining occupational hearing loss. 6 10 The bill also changes section 85B.12 to provide for a hearing 6 11 aid for each affected ear if certain conditions are met. 6 12 LSB 3696XC 77 6 13 ec/sc/14
Text: SSB02148 Text: SSB02150 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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