No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer-provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where the employee works.
S.D. Codified Laws § 62-9-8
No benefits where employee fails to regularly use employer-provided protection devices
Source: SL 1986, ch 427, § 8.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.