Iowa Code 85B.5 – Excessive noise exposure
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1. An excessive noise exposure is sound which exceeds the times and intensities listed in the following table:
Duration Sound level, Duration Sound level, per day dBA slow per day dBA slow hours response minutes response 8 90 52 106 7 91 45 107 6 92 37 108 5 93 33 109 4 1/2 94 30 110 4 95 26 111 3 1/2 96 22 112 3 97 18 113 2 1/2 98 16 114 2 1/4 99 15 115 2 100 No exposure greater 1 3/4 101 than 115 permitted 1 1/2 102 1 1/4 103 1 1/8 104 1 105
Terms Used In Iowa Code 85B.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Excessive noise exposure: means exposure to sound capable of producing occupational hearing loss. See Iowa Code 85B.4
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Occupational hearing loss: means that portion of a permanent sensorineural loss of hearing in one or both ears that exceeds an average hearing level of twenty-five decibels for the frequencies five hundred, one thousand, two thousand, and three thousand Hertz, arising out of and in the course of employment caused by excessive noise exposure. See Iowa Code 85B.4
2. The workers’ compensation commissioner may promulgate rules pursuant to chapter 17A to amend this table based upon changes recommended in nationally recognized consensus standards.
3. An employer shall immediately inform an employee if the employer learns that the employee is being subjected to sound levels and duration in excess of those indicated in the above table. In instances of occupational hearing loss alleged to have occurred, either in whole or in part prior to January 1, 1981, an employer shall provide upon request by an affected employee whatever evidence is available to the employer of the date, duration, and intensities of noise to which the employee was subjected in employment.