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PARRIS N. GLENDENING, Governor
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Ch. 417
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9-650.
(a) (1) Hearing loss shall be measured by [pure tone air conduction
audiometric instruments approved by nationally recognized authorities in the field of
hearing loss.] AN AUDIOLOGIST UTILIZING AUDIOMETRIC INSTRUMENTATION THAT
MEETS THE FOLLOWING CRITERIA:
(I) ANSI 3.6-1996;
(II) ANSI S3.43-1992; AND
(III) ANSI 3.39-1987 OR ANY ANSI STANDARD THAT SUPERSEDES THE
PREVIOUS CALIBRATION OR MEASUREMENT CRITERIA.
(2) MEASUREMENTS SHALL BE CONDUCTED IN A SOUND ROOM THAT
MEETS THE ANSI 3.1-1991 CRITERIA FOR MAXIMUM PERMISSIBLE AMBIENT NOISE
FOR AUDIOMETRIC TEST ROOMS.
(3) BEHAVIORAL PSYCHOACOUSTIC MEASUREMENTS WILL SHALL BE
OBTAINED WITH INSTRUMENTATION THAT UTILIZES INSERT EARPHONES, AS
REFERENCED IN ANSI 3.6-1996.
(4) AN AUDIOLOGIST MAY OBTAIN ELECTRODIAGNOSTIC
MEASUREMENTS SUCH AS AUDITORY EVOKED POTENTIALS, ACOUSTIC EMITTANCE
MEASUREMENTS, OR DISTORTION PRODUCT OTOACOUSTIC EMISSIONS MAY BE
OBTAINED TO DETERMINE THE NATURE AND EXTENT OF WORKPLACE HEARING
LOSS.
(5) AN AUDIOLOGIST OR PHYSICIAN SHALL USE AUDIOLOGIC RESULTS
SHALL BE USED IN CONJUNCTION WITH OTHER INFORMATION TO EVALUATE A
CLAIMANT'S COMPENSABLE HEARING LOSS.
(b) (1) The percentage of hearing loss for purposes of compensation for
occupational deafness shall be determined by calculating the average, in decibels, of
the thresholds of hearing for the frequencies of 500, 1,000, [and] 2,000, AND 3,000
HERTZ [cycles per second] in accordance with [paragraphs] PARAGRAPH (2) [and
(3)] of this subsection.
(2) The average of the thresholds in hearing shall be calculated by:
(i) adding together the lowest measured losses in each of the [3] 4
frequencies; and
(ii) dividing the total by [3] 4.
[(3) To allow for the average amount of hearing loss from nonoccupational
causes found in the population at any given age, there shall be deducted from the
total average decibel loss determined under paragraphs (1) and (2) of this subsection
one-half of a decibel for each year of the covered employee's age over 4050 at the time
of the last exposure to industrial noise.]
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- 2275 -
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