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Outline
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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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Background to 168 & 171
  • 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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Background (2)...
  • 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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Background (3)...
  • 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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Background (Summary)
  • 168 - no consultation - not even Compensation Board
  • Unwillingness to acknowledge mistake
  • Scientific base questioned
  • Implementation cost tremendous
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NIHL Compensation in South Africa
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Technical Committee
  • Must address NIHL comprehensively
  • Focus on prevention
  • Developed 7 supportive modules
  • New Instruction 171
  • Approved by Board end 1999
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NIHL Legislative framework
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Where did II 171 originate from?
  • Based on German model
  • Refined by Australia
  • Adapted by actuaries for RSA to accommodate local equipment
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What is better in II 171?
  • 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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Problems with II 171
  • 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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168 vs 171

  • 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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168 vs 171 (cont.)

  • 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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Baseline
  • 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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Baseline (2) ...
  • 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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Periodic Screening
  • 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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Periodic Screening (cont…)
  • 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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Exit audiometry
  • 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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Diagnostic Audiometry
  • 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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Diagnostic (cont…)
  • 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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Compensation Commissioner
  • 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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Comp. Comm. (cont…)
    • 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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Comp. Comm. (cont…)
  • OHMP / ENT submit via employer
    • Submit WCl 22 (First & Final Report)
    • Medical reports (all other causes excluded)
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Admin. challenge – the following info needed for each employee
  • Surname, Names, ID, DOB, age, Clock #
  • Employer (code), department (Code)
  • Date of employment
  • Current & Previous Noise levels and Exposure (dates)
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Admin. challenge (cont)
Info on each worker
  • Hearing Protection (Y/N/Sometimes) - since when?
  • Medication (ototoxic)
  • Colds, Allergies, Wax
  • Family history
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Admin. challenge (cont)
Info on each worker
  • Head injury
  • Ear discharge / infections
  • Previous diseases (TB, meningitis, etc.)
  • Tinnitus
  • Military Service; Hobbies
  • Physical Examination
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Admin. challenge (cont)
Info on each worker
  • 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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