Text: S05358                            Text: S05360
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5359

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5272, to Senate File
  1  2 2190, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 2, by inserting after line 45 the
  1  5 following:
  1  6    "#   .  Page 3, by inserting before line 7, the
  1  7 following:
  1  8    "Sec.    .  Section 85B.4, subsection 3, Code 2001,
  1  9 is amended to read as follows:
  1 10    3.  "Occupational hearing loss" means that portion
  1 11 of a permanent sensorineural loss of hearing in one or
  1 12 both ears that exceeds an average hearing level of
  1 13 twenty-five decibels for the frequencies five hundred,
  1 14 one thousand, two thousand, and three thousand, and
  1 15 four thousand Hertz, arising out of and in the course
  1 16 of employment caused by excessive noise exposure.
  1 17 "Occupational hearing loss" does not include loss of
  1 18 hearing attributable to age or any other condition or
  1 19 exposure not arising out of and in the course of
  1 20 employment.
  1 21    Sec.    .  Section 85B.9, subsection 3, Code 2001,
  1 22 is amended to read as follows:
  1 23    3.  In calculating the total amount of hearing
  1 24 loss, the hearing levels at each of the four five
  1 25 frequencies, five hundred, one thousand, two thousand,
  1 26 and three thousand, and four thousand Hertz, shall be
  1 27 added together and divided by four five to determine
  1 28 the average decibel hearing level for each ear.  If
  1 29 the resulting average decibel hearing level in either
  1 30 ear is twenty-five decibels or less, the percentage
  1 31 hearing loss for that ear shall be zero.  For each
  1 32 resulting average decibel hearing level exceeding
  1 33 twenty-five decibels, an allowance of one and one-half
  1 34 percent shall be made up to the maximum of one hundred
  1 35 percent which is reached at an average decibel hearing
  1 36 level of ninety-two decibels.  In determining the
  1 37 total binaural percentage hearing loss, the percentage
  1 38 hearing loss for the ear with better hearing shall be
  1 39 multiplied by five and added to the percentage hearing
  1 40 loss for the ear with worse hearing and the sum of the
  1 41 two divided by six.
  1 42    Sec.    .  Section 85B.10, Code 2001, is amended to
  1 43 read as follows:
  1 44    85B.10  EMPLOYER'S NOTICE OF RESULTS OF TEST.
  1 45    The employer shall communicate to the employee, in
  1 46 writing, the results of an audiometric examination or
  1 47 physical examination of an employee which reflects an
  1 48 average hearing level in one or both ears in excess of
  1 49 twenty-five decibels for the test frequencies of five
  1 50 hundred, one thousand, two thousand, and three
  2  1 thousand, and four thousand Hertz, as soon as
  2  2 practicable after the examination.  The communication
  2  3 shall include the name and qualifications of the
  2  4 person conducting the audiometric examination or
  2  5 physical examination, the site of the examination, the
  2  6 kind or type of test or examinations given, the
  2  7 results of each and the average decibel hearing level,
  2  8 for the four five frequencies, in each ear, and, if
  2  9 known to the employer, whether the hearing loss is
  2 10 sensorineural and, if the hearing loss resulted from
  2 11 another cause, the cause."" 
  2 12 
  2 13 
  2 14                               
  2 15 MIKE CONNOLLY 
  2 16 SF 2190.719 79
  2 17 ec/cls
     

Text: S05358                            Text: S05360
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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