Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999

Reprint as at 21 October 2015

Coat of Arms of New Zealand

Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999

(SR 1999/167)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 31st day of May 1999

Present:
The Right Hon Jenny Shipley presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment..

Pursuant to sections 401(1) and 412(c) of the Accident Insurance Act 1998, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999.

(2)

These regulations come into force on 1 July 1999.

2 Interpretation

In these regulations, unless the context otherwise requires,—

“A” weighting means the “A” frequency weighting specified in the International Standard IEC 651—1979

Act means the Accident Insurance Act 1998

AS ISO 8253.1 means the Australian Standard: International Organisation for Standardization on Acoustics - Audiometric Test Methods, Part 1: Basic Pure Tone Air and Bone Conduction Threshold on Audiometry: AS ISO 8253.1-2009

audiometer means an audiometer that complies with the requirements of AS ISO 8253.1 and has been calibrated in accordance with AS ISO 8253.1 at a laboratory registered by the Accreditation Council under the Standards and Accreditation Act 2015

better ear means the ear with the lesser HTL at the relevant audiometric frequency

dBA means “A”-weighted decibel

decibel is a dimensionless unit used to compare the magnitudes of powers, intensities, or pressure squared

degree of deafness means the binaural percentage loss of hearing as a result of a hearing impairment as determined using the tables set out in Schedule 1

gradual process hearing test means the test used to assess a claim for deafness arising from a personal injury caused by a work-related gradual process as required for the purposes of section 61 of the Accident Compensation Act 2001

HTL means the hearing threshold level

Hz, which is the international measure of frequency, means hertz where 1 hertz equals 1 cycle per second

insurer means an insurer within the meaning of section 75 of the Act

Leq (8) means that steady noise level measured in “A”-weighted decibels referenced to 20 micropascals that, when present for 8 hours, causes the same “A”-weighted noise energy to be received as that due to the actual noise over the actual working day

otolaryngologist means a medical practitioner—

(a)

whose scope of practice includes—

(i)

the branch of medicine of otolaryngology head and neck surgery; or

(ii)

a branch of medicine that is determined by the Medical Council to be equivalent to the branch of medicine of otolaryngology head and neck surgery; and

(b)

who is, in performing any function under these regulations, practising within that branch of medicine; and

(c)

who is, in performing any function under these regulations, practising in accordance with any conditions included, or deemed to be included, in his or her scope of practice, including any conditions imposed by any order made under section 101 of the Health Practitioners Competence Assurance Act 2003 or section 110 of the Medical Practitioners Act 1995 or section 58 of the Medical Practitioners Act 1968; and

(d)

who is, if 1 or more conditions of the kind referred to in paragraph (c) apply to the medical practitioner, a suitable person, in the opinion of the insurer, to perform any function required or permitted by these regulations to be performed by an otolaryngologist

presbyacusis means the gradual loss of hearing that can be attributed to the ageing process

scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003

worse ear means the ear with the greater HTL at the relevant audiometric frequency.

Regulation 2 AS ISO 8253.1: inserted, on 1 January 2012, by regulation 4(2) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 2 audiometer: amended, on 21 October 2015, by section 45(2) of the Standards and Accreditation Act 2015 (2015 No 91).

Regulation 2 audiometer: amended, on 1 January 2012, by regulation 4(3) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 2 base-line hearing test: revoked, on 1 January 2011, by regulation 4(4) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 2 gradual process hearing test: amended, on 1 January 2011, by regulation 4(5) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 2 ISO 6189: revoked, on 1 January 2012, by regulation 4(6) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 2 otolaryngologist: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2 scope of practice: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

3 Application

These regulations apply to a claimant who is required to undergo a gradual process hearing test.

Regulation 3: substituted, on 1 January 2011, by regulation 5 of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

4 Procedures to be followed in assessment

(1)

The claimant must undergo a pure tone audiometry test of binaural loss of hearing conducted by an otolaryngologist or audiologist.

(2)

A test of the hearing of any claimant must be diregarded if the claimant has been exposed to a noise level that is likely to result in a temporary threshold shift being present during the test (such as the Leq (8) hour level greater than 85 dBA within 16 hours before testing); and the person conducting the test must ask the appropriate questions to determine whether any such exposure has occurred.

(3)

During each test, the air conduction HTL of the insured must be measured with an audiometer at audiometric frequencies 500, 1 000, 1 500, 2 000, 3 000, 4 000, 6 000, and 8 000 Hz.

(4)

During each test, the HTL of both the better ear and the worse ear must be measured at each audiometric test frequency.

(5)

The binaural percentage loss of hearing at each audiometric frequency must be calculated in accordance with the tables set out in Schedule 1 using the HTL of the better ear and the worse ear as co-ordinates.

(6)

The percentage loss of hearing calculated at each of the 8 audiometric frequencies is added together to obtain the overall percentage loss of hearing.

(7)

Every pure tone audiometry test undertaken under these regulations must comply with the technical and procedural standards of AS ISO 8253.1.

Regulation 4(1): amended, on 1 January 2011, by regulation 6(1) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 4(2): amended, on 1 January 2011, by regulation 6(2) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

Regulation 4(7): amended, on 1 January 2012, by regulation 6(3) of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

5 Adjustment for hearing loss due to presbyacusis

For a gradual process hearing test, the overall percentage loss of hearing calculated under regulation 4(6) must be adjusted for presbyacusis by reducing the overall percentage loss of hearing by the appropriate percentage specified in Schedule 2.

Regulation 5: amended, on 1 January 2011, by regulation 7 of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

6 Report of assessment

In making a report of an assessment of degree of deafness, the otolaryngologist or audiologist must specify—

(a)

the tests undertaken; and

(b)

the results of these tests; and

(c)

the make and model of the audiometer used in those tests; and

(d)

the date of the last basic calibration of the audiometer and the name of the laboratory that conducted the calibration; and

(e)

the age of the claimant, and whether an adjustment has been made under regulation 5; and

(f)

any other comments relevant to the assessment.

7 Revocations

The following regulations are consequentially revoked:

(a)

Accident Rehabilitation and Compensation Insurance (Occupational Deafness Assessment Procedures) Regulations 1992 (SR 1992/223):

(b)

Accident Rehabilitation and Compensation Insurance (Occupational Deafness Assessment Procedures) Regulations 1992, Amendment No 1 (SR 1996/299).

Schedule 1 Tables

rr 2, 4(5)

Table 1

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 500 Hz

HTL—Better ear
≤15202530354045505560657075808590≥95
H≤150
T200.40.6
L250.61.01.4
301.01.42.02.8
W351.31.82.53.44.5
o401.72.23.03.95.16.4
r452.02.63.44.35.56.88.1
s502.32.93.74.75.87.18.49.7
e552.53.24.05.06.17.38.69.911.2
602.73.44.25.26.37.58.810.011.312.6
e652.83.54.45.46.57.78.910.211.512.714.0
a702.93.74.55.56.67.89.110.311.612.914.215.5
r753.03.84.75.76.88.09.210.511.813.114.515.716.9
803.13.94.85.86.98.19.310.612.013.314.716.017.218.2
853.24.04.95.97.08.29.410.712.113.514.916.217.418.419.1
903.44.15.06.07.18.39.510.812.213.615.016.317.618.519.219.7
≥953.44.25.16.17.18.39.510.812.213.615.016.417.618.619.319.720.0

Table 2

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 1 000 Hz

HTL—Better ear
≤15202530354045505560657075808590≥95
≤150
H200.50.8
T250.81.21.8
L301.21.72.53.5
351.72.33.14.35.7
W402.12.83.74.96.38.0
o452.53.34.25.46.98.510.2
r502.83.64.75.97.38.810.512.1
s553.13.95.06.27.69.110.712.414.0
e603.34.25.36.57.99.411.012.614.215.7
653.54.45.56.78.19.611.212.814.415.917.5
e703.74.65.76.98.39.811.312.914.616.217.819.4
a753.84.75.87.18.510.011.513.114.816.418.119.721.1
r803.94.96.07.38.610.111.713.315.016.718.420.021.522.7
854.15.06.27.48.810.311.813.415.116.918.620.321.723.023.9
904.25.26.37.58.910.311.913.515.217.018.720.421.923.224.124.6
≥954.35.36.47.68.910.311.913.515.217.018.720.522.023.324.224.725.0

Table 3

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 1 500 Hz

HTL—Better ear
≤15202530354045505560657075808590≥95
≤150
H200.40.6
T250.61.01.4
L301.01.42.02.8
351.31.82.53.44.5
W401.72.23.03.95.16.4
o452.02.63.44.35.56.88.1
r502.32.93.74.75.87.18.49.7
s552.53.24.05.06.17.38.69.911.2
e602.73.44.25.26.37.58.810.011.312.6
652.83.54.45.46.57.78.910.211.512.714.0
e702.93.74.55.56.67.89.110.311.612.914.215.5
a753.03.84.75.76.88.09.210.511.813.114.515.716.9
r803.13.94.85.86.98.19.310.612.013.314.716.017.218.2
853.24.04.95.97.08.29.410.712.113.514.916.217.418.419.1
903.44.15.06.07.18.39.510.812.213.615.016.317.618.519.219.7
≥953.44.25.16.17.18.39.510.812.213.615.016.417.618.619.319.720.0

Table 4

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 2 000 Hz

HTL—Better ear
≤15202530354045505560657075808590≥95
≤150
H200.30.5
T250.50.71.1
L300.71.01.52.1
351.01.41.92.53.4
W401.31.72.22.93.84.8
o451.51.92.53.34.15.16.1
r501.72.22.83.54.45.36.37.3
s551.92.43.03.74.65.56.47.48.4
e602.02.53.13.94.75.66.67.58.59.4
652.12.63.34.04.95.76.77.68.69.610.5
e702.22.73.44.15.05.96.87.88.79.710.711.6
a752.32.83.54.35.16.06.97.98.99.910.811.812.7
r802.42.93.64.45.26.17.08.09.010.011.012.012.913.6
852.43.03.74.45.36.17.18.19.110.111.112.113.013.814.3
902.53.13.84.55.36.27.18.19.110.211.212.213.213.914.414.8
≥952.63.23.84.65.46.27.18.19.110.211.312.313.214.014.514.815.0

Table 5

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 3 000 Hz

HTL—Better ear
≤15202530354045505560657075808590≥95
≤150
H200.20.3
T250.30.50.7
L300.50.71.01.4
350.70.91.21.72.3
W400.81.11.52.02.53.2
o451.01.31.72.22.73.44.1
r501.11.41.92.32.93.54.24.8
s551.21.62.02.53.03.64.34.95.6
e601.31.72.12.63.13.74.45.05.66.3
651.41.82.22.73.23.84.45.15.76.47.0
e701.51.82.32.83.33.94.55.25.86.57.17.7
a751.51.92.32.83.44.04.65.25.96.67.27.88.4
r801.62.02.42.93.44.04.75.36.06.67.38.08.69.1
851.62.02.53.03.54.14.75.46.06.77.48.18.79.29.5
901.72.12.53.03.54.14.75.46.16.87.58.28.89.29.69.8
≥951.72.12.63.03.64.14.75.46.16.87.58.28.89.39.69.810.0

Table 6

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 4 000 Hz

HTL—Better ear
≤202530354045505560657075808590≥95
≤200
H250.10.2
T300.20.30.5
L350.30.40.60.9
400.40.50.81.01.5
W450.50.70.91.21.62.1
o500.60.81.01.41.72.22.6
r550.60.81.11.51.82.22.73.1
s600.70.91.21.51.92.32.73.23.6
e650.71.01.31.62.02.42.83.23.64.0
700.81.01.31.62.02.42.83.23.74.14.5
e750.81.11.41.72.12.52.93.33.74.14.54.9
a800.91.11.41.72.12.52.93.33.84.24.65.05.3
r850.91.21.41.82.12.52.93.43.84.34.75.15.45.7
900.91.21.51.82.22.63.03.43.84.34.75.15.55.75.9
≥951.01.21.51.82.22.63.03.43.94.34.85.25.55.75.96.0

Table 7

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 6 000 Hz

HTL—Better ear
≤2530354045505560657075808590≥95
H≤250
T300.10.2
L350.20.30.4
400.30.40.50.7
W450.30.40.60.81.0
o500.40.50.70.91.11.3
r550.40.50.70.91.11.31.5
s600.40.60.70.91.11.41.61.8
e650.50.60.81.01.21.41.61.82.0
700.50.60.81.01.21.41.61.82.02.2
e750.50.70.81.01.21.41.71.92.12.32.5
a800.60.70.91.11.31.51.71.92.12.32.52.7
r850.60.70.91.11.31.51.71.92.12.32.52.72.8
900.60.70.91.11.31.51.71.92.22.42.62.72.82.9
≥950.60.80.91.11.31.51.71.92.22.42.62.72.82.93.0

Table 8

Values of percentage loss of hearing corresponding to given hearing threshold levels in the better and worse ears at 8 000 Hz

HTL—Better ear
H≤303540455055606570758085≥90
T≤300
L350.10.1
400.10.20.2
W450.10.20.30.3
o500.20.20.30.30.4
r550.20.20.30.40.40.5
s600.20.20.30.40.40.50.6
e650.20.30.30.40.50.50.60.7
700.20.30.30.40.50.50.60.70.7
e750.20.30.30.40.50.50.60.70.80.8
a800.20.30.30.40.50.60.60.70.80.80.9
r850.20.30.40.40.50.60.60.70.80.80.90.9
≥900.20.30.40.40.50.60.60.70.80.80.90.91.0

Schedule 2 Adjustment of percentage loss of hearing for presbyacusis

r 5

Schedule 2: substituted, on 1 January 2011, by regulation 8 of the Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425).

MaleFemale
AgePercentage adjustmentAgePercentage adjustment
<550
560.1
570.2
580.4
590.6
600.8
611.0
621.3
631.7
642.0
652.4
662.9
673.3
683.8<680
694.4690.2
704.9700.4
715.5710.6
726.2720.8
736.8731.1
747.5741.4
758.3751.7
769.0762.1
779.8772.5
7810.7782.9
7911.5793.4
8012.5803.9

Schedule 3 Prescribed industries

r 3(2)

ANZSIC industrial classification
A01Agriculture
A02Services to Agriculture; Hunting and Trapping
A03Forestry and Logging
A04Commercial Fishing
B11Coal Mining
B12Oil and Gas Extraction
B13Metal Ore Mining
B14Other Mining
B15Services to Mining
C21Food, Beverage and Tobacco
C22Textile, Clothing, Footwear and Leather Manufacturing
C23Wood and Paper Product Manufacturing
C24Printing, Publishing and Recorded Media
C25Petroleum, Coal, Chemical and Associated Product Manufacturing
C26Non-Metallic Mineral Product Manufacturing
C27Metal Product Manufacturing
C28Machinery and Equipment Manufacturing
C29Other Manufacturing
D36Electricity and Gas Supply
D37Water Supply, Sewerage and Drainage Services
E41General Construction
E42Construction Trade Services
F45Basic Material Wholesaling
F46Machinery and Motor Vehicle Wholesaling
F47Personal and Household Good Wholesaling
G51Food Retailing
G52Personal and Household Good Retailing
G53Motor Vehicle Retailing and Services
H57Accommodation, Cafes and Restaurants
I61Road Transport
I62Rail Transport
I63Water Transport
I64Air and Space Transport
I65Other Transport
I66Services to Transport
I67Storage
J71Communication Services
K73Finance
K74Insurance
K75Services to Finance and Insurance
L77Property Services
L78Business Services
M81Government Administration
M82Defence
N84Education
O86Health Services
O87Community Services
P91Motion Picture, Radio and Television Services
P92Libraries, Museums and the Arts
P93Sport and Recreation
Q95Personal Services
Q96Other Services
Q97Private Households Employing Staff

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 3 June 1999.

Reprints notes
1 General

This is a reprint of the Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Standards and Accreditation Act 2015 (2015 No 91): section 45(2)

Accident Insurance (Occupational Hearing Assessment Procedures) Amendment Regulations 2010 (SR 2010/425)

Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)