§ 40:1374.1 — Development of hearing loss during employment in the division of state

Louisiana § 40:1374.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1374.1. Development of hearing loss during employment in the division of state
police; occupational disease
A. For the purpose of this Section, "division" has the same meaning as
provided for in R.S. 40:1372.
B.(1) 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 division shall, for purposes of this Section only, be
classified as a disease or infirmity connected with employment.
(2) The employee affected shall be entitled to medical benefits, including
hearing aids, as granted by the laws of this state to which one suffering an
occupational disease is entitled, regardless of whether the employee is on duty at the
time that the employee is stricken with the loss of hearing.
(a) 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.
(b) This presumption shall be rebuttable by a preponderance of evidence, and
such presumption shall 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.
(c) The presumption shall be extended to an employee following termination
of service for a period of twenty-four months.
C.(1) Each person selected for appointment to an entry level position in the
division on and after August 1, 2024, shall submit to a baseline audiology
examination, an audiological examination every five years, and a final termination
audiological evaluation at the end of service. An employee shall receive his baseline
examination not later than one year after his appointment.
(2) The appointing authority shall develop and implement policies and
procedures for the administration of such examinations.
D.(1) Nothing in this Section shall modify the qualifications necessary to
establish eligibility to receive benefits or the calculation of benefits to be paid in
accordance with 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 and any provision of this Section, the provision of Title 11
of the Louisiana Revised Statutes of 1950 shall control.

Legislative History

Acts 2024, No. 687, §1.