Annual Report of Occupational Deafness Compensation Board for 2012-2013 Contents

Page

Chairman’s Foreword…..…………………………………………………………………….........

i

Occupational Deafness Compensation Board……. ………………………………..…….….....

1

Occupational Deafness Medical Committee ...……...…………………………….…..................

3

Occupational Deafness Compensation Scheme……..………………………….….....................

4

Disability Requirements…………………………..……………………………...................

5

Occupational Requirements………………………..……………………………….….......

5

Further Compensation…….…………………………..……………………………….…...

6

Payment of Compensation……………………………..…………………………………...

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Applications Received…………………………………..……………………………….….

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Applications Processed…………………………………...……………………....................

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Financial Assistance Scheme for Hearing Assistive Devices….…………………………….….

12

Education And Publicity…………………………………………..…………….………………...

13

Exhibitions and Site Visits…………………………………..…………………................…

13

Publicity through Mass Media………………...……………..……………….……………

14

Education……………………………………………………….……………………….……

15

Labour Group Activities Sponsorship Scheme……………….…………………….….…

15

Joint Functions on Occupational Safety and Health………….……………………….…

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Rehabilitation……………………………………………………………………………………….. 17 Aural Rehabilitation Programmes……………………………………………………..…..

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Social Rehabilitation Programmes………………………..…….….…………………..…..

19

Vocational Rehabilitation Programmes…………………………………………………....

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Newsletters…………………..………………………………….…..………………………..

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Financial Position…………………………………………………………..……………………….

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Appendices 1. 2. 3. 4. 5. 6.

Noisy Occupations Specified under The Occupational Deafness (Compensation) Ordinance…………………………… 24 Type of Noisy Occupations Engaged (Compensation for the First Time) (Year 2012/13)…………………………………………………………………………………….. 26 Type of Noisy Occupations Engaged (Further Compensation) (Year 2012/13)……... 27 Analysis of Approved Cases of First-time Compensation by Level of Hearing Loss (Years 2012/13 and 2011/12)……………………………………………………………… 28 Analysis of Approved Cases of Further Compensation by Level of Hearing Loss (Years 2012/13 and 2011/12)……………………………………………………………… 28 Comparison of the Results of First-time and Further Applications for Compensation Processed (Years 2012/13 and 2011/12)…………………………………………………. 29

CHAIRMAN’S FOREWORD The Occupational Deafness Compensation Board has been resolute in safeguarding the hearing health of people engaged in noisy occupations. Throughout 2012/13, we have continued to work hard on promoting the importance of hearing conservation at workplaces. It was a rewarding and constructive period with the encouraging results that the Board achieved. During the year 2012/13, the Board received a total of 236 applications for compensation, being a lower figure as compared to the year 2011/12. We believe this was a result of the proactive work that we had done in the past and hence fewer workers were found to be suffering from hearing impairment. Among these 236 applications, 174 cases for different types of compensation were approved with a total payout of HK$10.12 million made. The approved cases consisted of 148 applications for the first time, 23 applications for further compensation and 3 previously rejected applications for which the claimants were suffering from monaural hearing loss only. On the spectrum of our Financial Assistance Scheme for expenses incurred in purchasing, repairing and replacing hearing assistive devices (HAD), in 2012/13 a total of 501 applications were approved, of which 84 were first-time applications. The total subsidised payment amounted to HK$1.76 million. In order to allow our occupational deafness sufferers to make the most of the HAD Scheme, the Board has been encouraging their participation in the Scheme via different platforms including quarterly newsletters, special mails, pre-fitting talks, hearing aid trial programmes, etc. The construction industry in Hong Kong has been robust with a number of major infrastructure projects that rolled out earlier. In addition, a series of large-scale construction and development projects will continue on in the few years to come. In view of such circumstances, the construction industry is one of the key sectors that we must put more promotional efforts into, since some 60 per cent of the successful claimants who got compensation from the Board were/are engaged in the construction industry. Occupational Deafness is not easily detected at the early stage. It would only be discovered when the sufferer’s auditory nerve is gradually damaged which leads to a series of symptoms. Protection is the key to avoiding hearing loss. This requires the full commitment of employers and employees. Therefore, the Board has taken an active role in encouraging the parties concerned to cooperate to this end. Through our direct visits to noisy workplaces and via the institutes that organise safety training courses, the Board will continue to launch a series of educational campaigns addressing the importance of taking protective measures to prevent occupational hearing loss, as well as elaborating to the parties concerned our compensation scheme should workers suffer from noise-induced deafness by reason of employment. i

To further enhance our outreaching work to the general public, in year 2012/13 we revamped the Board’s website which is now more user-friendly with the vivid and enriched information. I am glad that the revamped website has won two international and local awards with its new layout – namely, an international award of Standard of Excellence presented by the Web Marketing Association, and a Gold Award accredited by the Web Accessibility Recognition Scheme jointly organised by the Office of Government Chief Information Officer and the Equal Opportunities Commission. I trust that the Board’s new website can allow our service targets to easily learn more about our responsibilities and services. On the financial front, in 2012/13 the Board received a relatively high income of levy distributed under the Employees’ Compensation Insurance Levies Ordinance. On the other hand, since the expense that the Board spent on compensation and HAD Financial Assistance Scheme was less than forecast given the reduced number of applications submitted to the Board, we recorded an operating surplus of HK$16.66 million with our ongoing stringent control on expenditures. I would like to extend my heartfelt gratitude to all stakeholders who have worked hard for our accomplishments and progress made over the years. I am delighted that we have got tremendous support from my Board fellows and the Medical Committee members. Special thanks go to all of them and also to the Secretariat for their dedication and commitment. Finally, may I take this opportunity to appeal for your continuous support to the Board in the years to come. Working together, we shall step up our concerted efforts to ensure an even safer working environment for all industries in Hong Kong.

Dr. Anthony Yuen Chairman Occupational Deafness Compensation Board

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OCCUPATIONAL DEAFNESS COMPENSATION BOARD The Occupational Deafness Compensation Board (the Board) was established on 1 June 1995 under the Occupational Deafness (Compensation) Ordinance (the Ordinance). It is responsible for carrying out the following functions under the Ordinance: (A) to manage the Occupational Deafness Compensation Fund in accordance with the law; (B)

to process and determine applications for compensation in respect of occupational deafness;

(C) to process and determine applications for reimbursement of expenses for hearing assistive devices; (D) to conduct or finance educational and publicity programmes for the purpose of preventing noise-induced deafness by reason of employment; and (E)

to conduct or finance rehabilitation programmes for persons suffering from noise-induced deafness by reason of employment.

The Board consists of 9 members, who are appointed by the Chief Executive of the Hong Kong Special Administrative Region, including representatives of employers, employees, medical professionals and public officers. It meets regularly to set directions on the programmes of activities to be carried out and to determine applications made under the Ordinance. The Secretariat of the Board is responsible for the day-to-day operation.

Commissioner for Labour Mr Cheuk Wing Hing, JP (centre), Deputy Commissioner for Labour (Labour Administration) Mr Byron Ng, JP (6 th from left), Assistant Commissioner for Labour (Employees’ Rights and Benefits) Mr Ernest Ip, JP (4th from right), ODCB Chairman Dr Anthony Yuen (6th from right), and a group of former and current Board members at the 2013 ODCB Annual Dinner

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MEMBERSHIP OF OCCUPATIONAL DEAFNESS COMPENSATION BOARD (ODCB) (1 April 2012 – 31 March 2013)

Dr YUEN Po-wing, Anthony ODCB Chairman

Dr WONG Nai-keung, Philco Representing employers

Mr POON Siu-ping, MH Representing employees (up to 31 May 2012)

Ms LEE Sau-king, Amy Representing employees (from 1 June 2012)

Dr CHIU Kit-yee, Sherlianne ENT Surgeon

Mr FONG Siu-leung, Raymond Senior Labour Officer Labour Department (up to 13 January 2013)

Ms TUNG Mi-wah, Elsa Representing employers

Dr KWOK Kai-him, Henry Representative of Hospital Authority (up to 31 May 2012)

Mr LEUNG Kwok-kee, Raymond Senior Labour Officer Labour Department (from 14 January 2013)

Mr CHOW Luen-kiu Representing employees

Dr SO Hin-pan Representative of Hospital Authority (from 1 June 2012)

Dr LEUNG Lai-man, Raymond, JP Consultant (Community Medicine) (Occupational Health) Department of Health

Ms NG Wai-ying, Erica ODCB Executive Director (Secretary)

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OCCUPATIONAL DEAFNESS MEDICAL COMMITTEE The Occupational Deafness Medical Committee (the Committee) is another statutory body established under the Ordinance. Its function is to advise the Board on the technical, medical and professional aspects of hearing assessment and provision of hearing assistive devices to persons suffering from occupational deafness. The Committee comprises 5 members who are specialists of the medical profession or expert in the field of audiology.

MEMBERSHIP OF OCCUPATIONAL DEAFNESS MEDICAL COMMITTEE (1 April 2012 – 31 March 2013)

Dr LEUNG Lai-man, Raymond, JP Nominated by Department of Health

Dr Victor ABDULLAH Nominated by Hospital Authority (up to 31 May 2012)

Dr MA Kwong-hon Nominated by Hong Kong College of Otorhinolaryngologists Hong Kong Academy of Medicine (up to 31 May 2012)

Dr LUK Wai-sing, Albert Nominated by Hong Kong College of Otorhinolaryngologists Hong Kong Academy of Medicine (from 1 June 2012)

Dr WOO Kong-sang, John Nominated by Hospital Authority (from 1 June 2012)

Professor YU Tak-sun, Ignatius Nominated by Hong Kong College of Community Medicine Hong Kong Academy of Medicine (up to 31 May 2012)

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Dr FOK Pui-chu, Joan Nominated by Hong Kong College of Community Medicine Hong Kong Academy of Medicine (from 1 June 2012)

Professor AU Kin-kwok, Dennis Nominated by Hong Kong Society of Audiology (up to 31 May 2012)

Mr WONG Ka-cheong, Terence Nominated by Hong Kong Society of Audiology (from 1 June 2012)

Mr Chan Ying-wai, Alfred ODCB Director of Operations (Secretary)

OCCUPATIONAL DEAFNESS COMPENSATION SCHEME Occupational deafness is one of the most common occupational diseases detected in Hong Kong. It is caused by prolonged exposure to high level of noise at work, which results in the damage of the nerve cells of the inner ear. Once damaged or destroyed, these nerve cells will not recover. The resulting hearing impairment will be permanent and cannot be cured. The Occupational Deafness Compensation Scheme provides for the payment of compensation to those employees who suffer from noise-induced hearing loss due to employment. Claimants have to fulfil both the disability and occupational requirements as stipulated by the Ordinance in order to be entitled to receiving compensation.

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Disability Requirements Under the Ordinance, a claimant will be determined as suffering from occupational deafness if he/she has sensorineural hearing loss, as measured by audiometry averaged over the 1, 2 and 3 kHz frequencies, in the following manner: (A) Binaural hearing loss - sensorineural hearing loss amounting to not less than 40 dB in both ears, where such loss of at least one ear is due to noise; or (B) Monaural hearing loss - sensorineural hearing loss amounting to not less than 40 dB in only one ear, where such loss is due to noise.

Occupational Requirements To meet the occupational requirements, a claimant should have at least 10 years of employment in aggregate in any of the specified noisy occupations in Hong Kong. However, for 4 occupations that are particularly noisy, the aggregate employment period required is 5 years only. 29 noisy occupations are specified under the Ordinance, involving either noisy production processes or the use of noisy machinery. Moreover, a claimant has to be employed under a continuous contract of employment1 in any specified noisy occupations in Hong Kong within the 12 months before making an application for compensation.

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A claimant is regarded as having been employed under a continuous contract of employment if he/she has been employed continuously by the same employer for four or more weeks and has worked for 18 hours or more in each of such weeks. 5

Further Compensation A person who has previously received compensation from the Board shall be entitled to further compensation if he/she fulfils the following requirements: Occupational Requirements  Having at least 3 years of employment in aggregate in any specified noisy occupation in Hong Kong after the application date of his/her latest application for which compensation has been approved; and  Having been employed under a continuous contract in a specified noisy occupation in Hong Kong within the 12 months prior to making the application for further compensation. Additional Permanent Incapacity Requirements  Confirmed by hearing test as suffering from binaural or monaural hearing loss; and  The percentage of permanent incapacity as determined by the Board is greater than that of the latest application for which compensation has been approved.

Payment of Compensation Under the Ordinance, the first-time compensation or further compensation is paid in a lump sum calculated with reference to the claimant's age, monthly earnings and percentage of permanent incapacity resulting from occupational deafness in the following way: Compensation for the first time: Age of Claimant Amount of Compensation Under 40 96 months’ earnings multiplied by % of permanent incapacity 40 to under 56 72 months’ earnings multiplied by % of permanent incapacity 56 or above 48 months’ earnings multiplied by % of permanent incapacity Further Compensation: Age of Claimant Amount of Compensation Under 40 96 months’ earnings multiplied by additional % of permanent incapacity 40 to under 56 72 months’ earnings multiplied by additional % of permanent incapacity 56 or above 48 months’ earnings multiplied by additional % of permanent incapacity For the purpose of calculating the amount of compensation, the average monthly earnings received by the claimant in his/her last 12 months' employment in 6

specified noisy occupations in Hong Kong prior to the date of application shall be taken as his/her monthly earnings.

If the claimant cannot provide documentary evidence on his/her earnings or the evidence provided by him/her is not accepted by the Board, the median employment earnings of the total employed population of Hong Kong published by the Census and Statistics Department will be adopted for computing the compensation amount. Irrespective of which figure is used, the amount is subject to a maximum of HK$23,580. The percentage of permanent incapacity is determined by the hearing loss suffered by the claimant in both ears. Under the Ordinance, it ranges from a minimum of 0.5% to a maximum of 60%.

Applications Received During the year 2012/13, the Board received a total of 236 applications for compensation with the following breakdown:  Compensation for the first time (Figure 1)…………………….….…203  Further compensation (Figure 2)…………………………………..…. 31  Compensation for hearing loss in only one ear ~

having been previously refused by the Board……………………2

Figure 1: Profile of Claimants (First-time Compensation)

Age

No. of Applicants

Under 40

6

40 to under 56

96

56 or above

101

Total:

203

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Figure 2: Profile of Claimants (Further Compensation)

Age

No. of Applicants

Under 40

1

40 to under 56

11

56 or above

19

Total:

31

Similar to last year, the majority of the 203 applications for compensation for the first time are related to those working near internal combustion engines, turbines, pressurised fuel burners or jet engines which accounted for 34.0% of all first-time applications. The next largest groups involved those who engaged in the use of power driven grinding, chiselling, cutting or percussive tools on rocks (31.0%) and those engaged in metal grinding (22.2%). With respect to the 31 applications for further compensation, the majority of the claimants were engaged in the use of power driven grinding, chiselling, cutting or percussive tools on rocks (58.1%), while those engaged in metal grinding (32.3%) was the next largest group of claimants.

Applications Processed For the year under review, the Board processed a total of 363 applications. Of these applications, 174 were approved with a total compensation payout of about HK$10.12 million. A breakdown of the applications approved by their respective types are as follows:

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Number of Approved Application

Amount of Compensation Paid (HK$)

․Compensation for the first time

148

7,961,650

․Further compensation

23

2,042,204

(a) previously refused by the Board

2

97,360

(b) with hearing test arranged by oneself

1

15,840

․Compensation for hearing loss in only one ear -

Total:

174

Regarding these 148 successful claimants who received compensation for the first time, 76% suffered a hearing loss of less than 50dB in the better ear (Figure 3) and a large majority (95%) of them suffered from a permanent incapacity of not greater than 20%. The average amount of compensation awarded was HK$53,795 (Figure 4). As for those 23 claimants who received further compensation, 74% suffered a hearing loss of less than 60dB in the better ear (Figure 5) and a large majority (96%) of them suffered from additional percentage of permanent incapacity ranged from 1% to 20.5%. The average amount of further compensation paid was HK$88,791 (Figure 6). Figure 3: Approved Cases by Level of Hearing Loss (Compensation for the First Time)

Hearing Level (dB)

Better Ear

Worse Ear