This text of Louisiana § 33:2581.3 (Development of hearing loss during employment in the classified police service;) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§2581.3. Development of hearing loss during employment in the classified police service;
occupational disease
A.Any loss of hearing that is ten decibels or greater on average for the frequencies
that the Occupational Safety and Health Administration monitors for noise exposure in the
general population when adjusted for aging and that develops during employment in the
classified police service in the state of Louisiana shall, for purposes of this Section only, be
classified as a disease or infirmity connected with employment. The employee affected shall
be entitled to medical benefits, including hearing aids, as granted by the laws of the state of
Louisiana to which one suffering an occupational disease is entitled, regardless of whether
the employee is on duty at the time he is stricken
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§2581.3. Development of hearing loss during employment in the classified police service;
occupational disease
A. Any loss of hearing that is ten decibels or greater on average for the frequencies
that the Occupational Safety and Health Administration monitors for noise exposure in the
general population when adjusted for aging and that develops during employment in the
classified police service in the state of Louisiana shall, for purposes of this Section only, be
classified as a disease or infirmity connected with employment. The employee affected shall
be entitled to medical benefits, including hearing aids, as granted by the laws of the state of
Louisiana to which one suffering an occupational disease is entitled, regardless of whether
the employee is on duty at the time he is stricken with the loss of hearing. Such loss of
hearing shall be presumed to have developed during employment and shall be presumed to
have been caused by or to have resulted from hazardous noise exposure when diagnostic
hearing testing reveals a decrease of ten decibels or more for the frequencies that the
Occupational Safety and Health Administration monitors for noise exposure from the
baseline audiological evaluation. This presumption shall be rebuttable by a preponderance
of evidence, and such presumption can be overcome if the evidence does not establish that
the nature of the work performed was the predominant and major cause of the hearing loss.
Such presumption shall be extended to an employee following termination of service for a
period of twenty-four months.
B. Each person selected for appointment to an entry level position in the classified
police service on and after August 1, 2022, shall submit to a baseline audiology examination,
an audiological examination every five years, and a final termination audiological evaluation
at the end of service. The appointing authority shall develop and implement policies and
procedures for the administration of such examinations. A person shall receive his baseline
examination not later than one year after his appointment.
C.(1) Nothing in this Section shall modify the qualifications necessary to establish
eligibility to receive benefits or the calculation of benefits to be paid under any Louisiana
public pension or retirement system, plan, or fund.
(2) In case of a conflict between any provision of Title 11 of the Louisiana Revised
Statutes of 1950, including any provision in Subpart E of Part II of Chapter 4 of Subtitle I
of Title 11 of the Louisiana Revised Statutes of 1950, and any provision of this Section, the
provision of Title 11 of the Louisiana Revised Statutes of 1950 shall control.