Text: SSB02148                          Text: SSB02150
Text: SSB02100 - SSB02199               Text: SSB Index
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Senate Study Bill 2149

Bill Text

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 in the 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 noise level exposure 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 noise levels exposure may be filed six months beginning one
  2  4 month after separation from the employment in which the
  2  5 employee was exposed subjected to excessive noise levels
  2  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 noise level exposure 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.10  EMPLOYERS EMPLOYER'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  5 loss of the employee level in one or both ears in excess of
  4  6 twenty-five decibels ANSI or ISO for 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 and address
  4 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 decibel loss hearing
  4 14 level, in for the four frequencies, in each ear, if any, and,
  4 15 if known to the employer, whether the hearing loss is
  4 16 sensorineural hearing loss and, if the hearing loss resulted
  4 17 from another cause, the name of the cause.
  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 noise level exposure 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 noise level
  5  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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