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Fine tuning our practical approach to the new Hearing
Conservation Legislation
Dr Stefanus Snyman
(snymans@new.co.za)
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- 1994 - Compensation Commissioner, without consultation and without
proper evaluation of financial or logistical impact, issued Instruction 168
- The previous Instruction was perceived as being unfair (3 average
frequencies, etc...)
- II 168 was wrongly considered to be a viable alternative - lack of a
proper actuarial valuation
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- It was done unilaterally by the Commissioner
- II 168 was based on American AMA / ENT formula
- More than a dozen of these AMA assumptions are based ± arbitrary nature
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- The “low fence” of average hearing loss was lowered from 43dB to 26dB
without any transitional arrangements
- 12% of miners immediately became compensatable - 3% previously
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- 168 - no consultation - not even Compensation Board
- Unwillingness to acknowledge mistake
- Scientific base questioned
- Implementation cost tremendous
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- Must address NIHL comprehensively
- Focus on prevention
- Developed 7 supportive modules
- New Instruction 171
- Approved by Board end 1999
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- Based on German model
- Refined by Australia
- Adapted by actuaries for RSA to accommodate local equipment
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- Real incentive for prevention
- Employer accountable for NIHL caused (risk rating)
- No discrimination
- Compares with best in the world
- “Window opportunity” to correct and manage risk
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- To co-ordinate all the legislation
- Baselines are cumbersome - Administration and better software are
required
- Failure to utilise “window opportunity” will be costly (failure will
benefit the employee)
- Information technology & software still lacking
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- Low fence of 26 dBA
- No baseline
- Frequency of compensation uncertain
- No weighting of frequencies
- No low fence
- Baseline
- Compensation only when 10% PLH from baseline
- Weighting of critical hearing frequencies
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- No incentive for prevention
- ENT certified
- Difficult to monitor stats
- Strong incentive for prevention
- ENT if PLH >30% from baseline (>15% disability)
- Easy to monitor stats
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- By 16 November 2003 or within 30 days of employment
- 16h noise free (no PPE (& no taxi noise!!) prior to testing
- Better of 2 screening audiograms (not to differ >10 dB at 0.5, 1, 2,
3, 4 kHz)
- If difference >10dB - audiologist to perform baseline
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- Same sitting
- Basis for future NIHL - baseline for life
- If no baseline done by Nov 2003 the baseline PLH will be considered 1.1%
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- Annually
- 16h noise free (PPE allowed)
- PLH calculation
- If PLH >10% from baseline -
Repeat
- If still >10% from baseline - Refer to OHMP
- Then for diagnostic, ENT (if >30 % from baseline) & Comp Comm.
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- Deterioration of PLH in workers with PLH <10% from baseline
- Compare 3, 4, 6 kHz - (>15 dB difference)
- or >15 dB increase at 4kHz only
- or Schilling (good for general pathology, not NIHL necessarily)
- or PLH criteria (but what is arbitrary and what scientific?)
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- If you leave noise zone permanently
- 16h noise free (no PPE allowed)
- Calculate PLH
- Enter baseline, “pre-employment” (if applicable), exit and PLH onto exit
certificate
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- 24h noise free (no PPE)
- Pure tone & bone
- 2 audiograms - different sittings; same day
- If more than 10dB difference between audiograms (X3) - try in 6 months
again.
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- If PLH 10-30% from baseline - OHMP
- If PLH >30% from Baseline - ENT
- >10% from baseline - compensation
- Percentage disability = ½ X PLH
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- Employee
- to report incident within 12 months (with medical reports)
- Employer
- WCl 1 (E) - Report of occupational disease
- WCl 14 - Notice of an occupational disease
- OD2 – Industrial Hearing Loss Exposure Form
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- Employer...Supporting documentation:
- history
- period of exposure
- daily duration of exposure
- ? still exposed
- ? last exposed
- noise levels dBA
- baseline audiogram
- 2 diagnostic audiograms
- copy of employee’s ID
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- OHMP / ENT submit via employer
- Submit WCl 22 (First & Final Report)
- Medical reports (all other causes excluded)
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- Surname, Names, ID, DOB, age, Clock #
- Employer (code), department (Code)
- Date of employment
- Current & Previous Noise levels and Exposure (dates)
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- Hearing Protection (Y/N/Sometimes) - since when?
- Medication (ototoxic)
- Colds, Allergies, Wax
- Family history
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- Head injury
- Ear discharge / infections
- Previous diseases (TB, meningitis, etc.)
- Tinnitus
- Military Service; Hobbies
- Physical Examination
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- Baseline audiometric data & PLH
- Current hearing threshold levels & PLH
- Difference between baseline & current - relevant comments
- Details of actions
- Name of OHMP, audiologist, ENT (& codes
- Medical Reports
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