H.B. 105

1

PUBLIC SCHOOL EMPLOYEE AUDITORY
2 PROTECTION REQUIREMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Laura Black
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires a public school to provide a minimum level of auditory protection to
11 employees exposed to certain conditions.
12 Highlighted Provisions:
13 This bill:
14 . requires a local school board or charter school governing board, in consultation with
15 the Division of Occupational Safety and Health, to set safety standards for
16 employees exposed to certain levels of sound;
17 . provides employees at risk of hearing damage with a minimum level of hearing
18 protection; and
19 . provides an implementation date.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 53A-3-429, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-3-429 is enacted to read:
30 53A-3-429. Auditory protection required for certain employees.
31 (1) As used in this section, "auditory protection" means a device that reduces sound
32 and helps prevent hearing loss or damage.
33 (2) Subject to Subsection (3), a local school board or charter school governing board
34 shall set safety standards in consultation with the Division of Occupational Safety and Health,
35 created in Subsection 34A-1-202 (1)(b), that establish:
36 (a) when an employee is considered to be exposed to significant and ongoing levels of
37 sound as a condition of employment; and
38 (b) a minimum level of auditory protection for the degree of exposure that the
39 employee shall receive if it is determined that the employee is exposed.
40 (3) If an employee's job duties require the employee to be able to hear voices and other
41 tones clearly while using auditory protection, the level of auditory protection that an employee
42 receives as required in Subsection (4) shall be the more protective of:
43 (a) the federal Williams-Steiger Occupational Safety and Health Act of 1970; or
44 (b) a device that meets the following standards:
45 (i) is specifically fitted by a licensed audiologist to an individual's ears;
46 (ii) has a noise reduction rating of between 9 and 25 decibels average sound reduction
47 over the 250 to 8,000 hertz frequency range; and
48 (iii) attenuates damaging noise while maintaining a tonal quality and allowing an
49 appropriate level of hearing activity needed to perform the duties of employment.
50 (4) On and after July 1, 2011, a district or charter school shall provide the minimum
51 auditory protection for an employee who meets the standards set under Subsection (2).




Legislative Review Note
as of 1-25-10 11:42 AM

Office of Legislative Research and General Counsel