S.I. No. 392/1983 - Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983

S.I. No. 392 of 1983.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) REGULATIONS, 1983.

ARRANGEMENT OF ARTICLES

PART I General

Article

1. Citation

2. Commencement

3. Interpretation

PART II

Prescription of diseases and presumption as to their origin

4. Prescription of diseases and injuries

5. Sequelae or resulting conditions

6. Presumption

PART III

Date of development and recrudescence

7. Development of disease

8. Date of development

9. Recrudescence

10. Transitional provision

PART IV

Modification of provisions of the Act and of Regulations

11. Definition

12. Modifications of provisions of the Act

13. Application of Claims and Payments Regulations and Occupational Injuries Regulations and the constructions of references in these Regulations

14. Diseases contracted outside the State

15. Injury benefit

16. Disablement benefit not preceded by injury benefit

17. Assessment of extent of disablement

18. Exception from requirements as to notice

19. Provisions as to medical examination

PART V

Special provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma and Occupational Deafness

20. Injury benefit not payable

21. Pneumoconiosis and byssinosis—special conditions for disablement benefit

22. Pneumoconiosis—effects of tuberculosis

23. Occupational asthma—time limit for claiming benefit

24. Occupational deafness—time limit for claiming benefit

25. Occupational deafness—further claim

26. Occupational deafness—period to be covered by assessment of disablement

27. Revocations

SCHEDULE

PART I—Description of each prescribed disease or injury and the nature of employment in respect of which prescribed (except pneumoconiosis)

PART II—Nature of employment in respect of which pneumoconiosis prescribed

S.I. No. 392 of 1983.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) REGULATIONS, 1983.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 54 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:—

PART I General

1 Citation

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983.

2 Commencement

2. These Regulations shall come into operation on the 20th day of December, 1983.

3 Interpretation

3. (1) In these Regulations—

"the Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Occupational Injuries Regulations" means the Social Welfare (Occupational Injuries) Regulations, 1967 to 1983;

"the Claims and Payments Regulations" means the Social Welfare (Claims and Payments) Regulations, 1952 to 1979;

"asbestos textiles" means yarn or cloth composed of asbestos or of asbestos mixed with any other material;

"coal mine" means any mine where one of the objects of the mining operations is the getting of coal (including bituminous coal, cannel coal, anthracite, lignite and brown coal);

"foundry" means those parts of industrial premises where the production of metal articles (other than pig iron or steel ingots) is carried on by casting (not being diecasting or other casting in metal moulds), together with any part of the same premises where any of the following processes are carried on incidentally to such production, namely, the drying and subsequent preparation of sand for moulding (including the reclamation of used moulding sand), the preparation of moulds and cores, knock-out operations and dressing or fettling operations;

"grindstone" means a grindstone composed of natural or manufactured sandstone and includes a metal wheel or cylinder into which blocks of natural or manufactured sandstone are fitted;

"insured person" means a person insured under Chapter 5 of Part II of the Act;

"mine" includes every shaft in the course of being sunk, and every level and inclined plane in the course of being driven, and all the shafts, levels, planes, works, tramways and sidings, both below ground and above ground, in and adjacent to and belonging to the mine, but does not include any part of such premises on which any manufacturing process is carried on other than a process ancillary to the getting or dressing of minerals or the preparation of minerals for sale;

"occupational asthma" means the disease numbered D—1 in Part I of the Schedule to these Regulations;

"occupational deafness" means the disease numbered A—11 in Part I of the Schedule to these Regulations;

"pneumoconiosis" means fibrosis of the lungs due to mineral dust including silica dust, asbestos dust and coal dust, and includes the condition of the lungs known as dust reticulation but does not include byssinosis;

"prescribed disease" means a disease or injury prescribed under Part II of these Regulations and reference to a prescribed disease being contracted shall be deemed to include reference to a prescribed injury being received;

"silica rock" means quartz, quartzite, ganister, sandstone, gritstone and chert, but not natural sand or rotten rock;

"tuberculosis" in the description of the disease numbered B—8 in Part I of the Schedule to these Regulations means disease due to tuberculous infection, but when used elsewhere in these Regulations in connection with pneumoconiosis means tuberculous of the respiratory system only.

• (2) In these Regulations a reference to the Schedule means a reference to the Schedule to these Regulations and a reference to an article means a reference to an article of these Regulations except where otherwise specified.

PART II Prescription of Diseases and presumption as to their origin

4 Prescription of diseases and injuries

4. For the purposes of Section 54 of the Act—

( a ) Subject to sub-articles (b) and (c) of this article each disease or injury set out in the first column of Part I of the Schedule is prescribed in relation to all insured persons who have been employed on or after the 1st day of May, 1967 in insurable (occupational injuries) employment in any occupation set against such disease or injury in the second column of the Schedule;

( b ) Pneumoconiosis is prescribed—

• (i) in relation to all insured persons who have been employed on or after the 1st day of May, 1967 in insurable (occupational injuries) employment in any occupation set out in Part II (A) of the Schedule; and

• (ii) in relation to all other insured persons who have been employed on or after the 1st day of May, 1967 in insurable (occupational injuries) employment in an occupation set out in Part II (B) of the Schedule and who have not worked at any time (whether in insurable (occupational injuries) employment or not) in any occupation in relation to which pneumoconiosis is prescribed by virtue of paragraph (b) (i) of this article;

( c ) occupational deafness is prescribed in relation to all insured persons who have been employed—

• (i) in insurable (occupational injuries) employment at any time on or after the 1st day of May, 1967, and

• (ii) for a period or periods (whether before, on or after the 1st day of May, 1967) amounting in the aggregate to not less than 10 years in any occupation set against the disease in the second column of paragraph A. 11 of Part I of the Schedule.

5 Sequelae or resulting conditions

5. Where a person—

( a ) is insured under Chapter 5 of Part II of the Act against a prescribed disease, and

( b ) is suffering from a condition which in his case has resulted from that disease,

the provisions of section 54 of the Act and of these Regulations shall apply to him as if he were suffering from that disease, whether or not the condition from which he is suffering is itself a prescribed disease.

6 Presumption

6. (1) Subject to sub-article (2) of this article where an insured person has developed a disease, other than a disease numbered D.2 or D.3 in Part I of the Schedule, which is prescribed in relation to him in that Part of the Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment if that employment was in any occupation set against that disease in the second column of Part I of the Schedule and he was so employed on or at any time within one month immediately preceding the date on which, under the provisions of these Regulations, he is treated as having developed the disease.

• (2)
• (a) Where an insured person in relation to whom either occupational deafness or byssinosis is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment.

( b ) Where an insured person in relation to whom either of the following diseases is prescribed has developed the disease, that disease shall, unless the contrary is proved, be presumed to be due to the nature of his insurable (occupational injuries) employment where—

• (i) in respect of tuberculosis, the date on which under the provisions of these Regulations he is treated as having developed the disease is not less than six weeks after the date on which he was first employed in any occupation set against the disease in the second column of paragraph B.8 of the Schedule and not more than two years after the date on which he was last so employed in insurable (occupational injuries) employment;

• (ii) in respect of pneumoconiosis, he has been employed in any of the occupations set out in Part II (A) of the Schedule for a period or periods amounting in the aggregate to not less than two years in employment which either was insurable (occupational injuries) employment, or would have been insurable (occupational injuries) employment if it had taken place on or after the 1st day of May, 1967.

PART III Date of Development and Recrudescence

7 Development of disease

7. Where on a claim for benefit under section 54 of the Act in respect of a prescribed disease, an insured person is found to be or to have been suffering from the disease, or to have died as the result thereof, the disease shall, for the purpose of such claim, be treated as having developed on a date (hereafter referred to as "the date of development") determined in accordance with the provisions of articles 8 and 9.

8 Date of development

8. (1) For the purposes of the first claim in respect of a prescribed disease suffered by an insured person, the date of development shall be determined in accordance with the following provisions of this article, and, save as provided in article 9, that date shall be treated as the date of development for the purposes of any subsequent claim in respect of the same disease suffered by the same person;

provided that where, on the consideration of a claim, no award of benefit is made, any date of development determined for the purposes of that claim shall be disregarded for the purposes of any subsequent claim.

• (2) Where a claim for the purposes of which the date of development is to be determined is—

• (a) a claim for injury benefit, the date of development shall be either the first day on or after the 1st day of May, 1967 on which the claimant was incapable of work as the result of the disease or, where applicable, the date as from which benefit could be paid on that claim, or

• (b) a claim for disablement benefit, the date of development shall be either the day on or after the 1st day of May, 1967 on which the claimant first suffered from the relevant loss of faculty or, where applicable, the date as from which benefit could be paid on that claim, or

• (c) a claim for death benefit, the date of development shall be the date of death.

• (3) In the immediately foregoing sub-article, "the date as from which benefit could be paid on that claim" means, in relation to any claim, the first day of the period in respect of which benefit could be paid on that claim having regard to the provisions of article 11A of the Social Welfare (Claims and Payments) Regulations, 1952 (inserted therein by Article 9 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967)( which relates to time limits for claiming occupational injuries benefit) or could have been so paid but for the proviso to subsection 1 of section 42 of the Act.

9 Recrudescence

9. (1) Where an insured person has been awarded benefit under section 54 of the Act in respect of a prescribed disease other than pneumoconiosis, byssinosis, occupational asthma or occupational deafness and has recovered wholly or partially and thereafter suffers a further attack of the same disease, or dies as a result of such attack, then—

• (a) Where the further attack of the disease commences or the death occurs during an injury benefit period or during a period taken into account by an assessment of disablement relating to such a previous award (either of which periods is hereinafter referred to as a "relevant period") it shall be treated as a recrudescence of the attack to which the relevant period relates except where, having regard to the particular circumstances relating to the further attack it is found that the disease was contracted or received afresh, in which case it shall be then so treated.

• (b) Where the further attack of the disease commences or the death occurs on a date outside a relevant period, it shall be treated as having been contracted or received afresh.

• (c) For the purposes of this sub-article, the date on which the further attack of the disease commenced shall be the date deemed to be the date of development under the provisions of article 8 applied as though no previous claim had been made in respect of the disease.

• (2) Where, under the provisions of this article, a disease is treated as having been contracted afresh, the provisions of article 8 shall be applied as though no previous claim had been made in respect of that disease and the date of development shall be determined accordingly.

• (3) Where, under the provisions of this article, a disease is treated as a recrudescence during a period taken into account by a previous assessment of disablement, any assessment of disablement in respect of the recrudescence shall be by way of revision of such previous assessment.

10 Transitional provision

10. Where, under the provisions of this Part of these Regulations a date of development has to be determined for the purpose of a claim for benefit in respect of pneumoconiosis or byssinosis suffered by a claimant who is or has been entitled in respect of the same disease to any compensation under the Workmen's Compensation Acts, the disease in respect of which the claim is made shall be treated for the purposes of these Regulations as not having developed on or after the 1st day of May, 1967.

PART IV Modification of provisions of the Act and of Regulations

11 Definition

11. In this part of these Regulations, "relevant disease" means, in relation to any claim for benefit in respect of a prescribed disease, the prescribed disease in respect of which benefit is claimed, but does not include any previous or subsequent attack of that disease, suffered by the same person, which, under the provisions of Part III of these Regulations, is or has been treated—

• (a) as having developed on a date other than the date which, under the said provisions, is treated as the date of development for the purposes of the claim under consideration; or

• (b) as a recrudescence of a disease for which compensation has been paid or awarded under the Workmen's Compensation Acts.

12 Modifications of provisions of the Act

12. (1) The provisions of the Act shall, in relation to prescribed diseases, be subject to the following provisions of this Part of these Regulations.

• (2) References in the Act to accidents against which a person was insured under the Act shall be construed as references to prescribed diseases against which he was so insured.

• (3) References in the Act to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease.

• (4) References in section 56 of the Act to the time of the relevant accident shall be construed as references to the latest date, not later than the date of development, on which the person was employed in the employment to the nature of which the relevant disease is due.

13 Application of Claims and Payments Regulations and Occupational Injuries Regulations and the constructions of references in these Regulations

13. (1) Save in so far as they are expressly varied or excluded by, or are inconsistent with, the provisions of this Part of these Regulations, the Claims and Payments Regulations and the Occupational Injuries Regulations shall apply in relation to prescribed diseases as they apply in relation to accidents.

• (2) Save as provided in this Part of these Regulations, references in the aforesaid Regulations to accidents shall be construed as references to prescribed diseases, references to the relevant accident shall be construed as references to the relevant disease and references to the date of the relevant accident shall be construed as references to the date of development of the relevant disease.

14 Diseases contracted outside the State

14. Subject to the provisions of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ) relating to persons employed on ships or aircraft and persons temporarily employed outside the State and to the provisions of the Social Welfare (Continental Shelf) Regulations, 1978 ( S. I. No. 19 of 1978 ) relating to persons employed in the exploration or exploitation of certain designated areas of the continental shelf, for the purpose of determining whether a prescribed disease is, or, under the provisions of Part II of these Regulations is presumed to be, due to the nature of the person's insurable (occupational injuries) employment, that person shall be regarded as not being or as not having been in insurable (occupational injuries) employment during any period for which he is or was outside the State, and accordingly occupational injuries benefit shall not be payable in respect of a prescribed disease which is due to the nature of employment in an occupation in which the insured person has only been engaged outside the State.

15 Injury benefit

15. (1) Subsection (3) of section 42 of the Act (which subsection provides that in determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded) shall not apply.

• (2) Save as provided in the next following article, the injury benefit period shall begin with the date of development.

16 Disablement benefit not preceded by injury benefit

16. Where an insured person, not having been entitled to injury benefit in respect of a relevant disease, claims disablement benefit in respect of that disease, and under the provisions of Part III of these Regulations, a date of development is determined for the purposes of that claim, the following provisions shall apply:

• (a) subsection (2) of section 43 of the Act (which subsection relates to the period for which disablement benefit is not available) shall not apply and the claim shall be treated as if there had been no injury benefit period;

• (b) subsection (5) of section 43 of the Act (which subsection relates to the period to be taken into account by an assessment of the extent of the claimant's disablement) shall have effect as if for references therein to the end of the injury benefit period there were substituted references to the date of development.

17 Assessment of extent disablement

17. For the purposes of paragraph (b) of subsection (3) of section 43 of the Act (which subsection relates to the disabilities to be taken into account in assessing the extent of the claimant's disablement) an injury or disease other than the relevant disease shall be treated as having been received or contracted before the relevant disease if it was received or contracted on or before the date of development, and as having been received or contracted after the relevant disease if it was received or contracted after that date.

18 Exception from requirements as to notice

18. Article 11 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 ( S.I. No. 85 of 1967 ) (which relates to the giving of notice of accidents in respect of which benefit may be payable) shall not apply in relation to prescribed diseases.

19 Provisions as to medical examination

19. (1) The provisions of section 61 of the Act, which relate to the disqualification for injury benefit or disablement benefit and suspension of proceedings where claimants or beneficiaries fail without good cause to submit themselves to medical examination for the purpose of determining the effect of the relevant accident, shall apply to medical examinations for the purpose of determining whether a claimant or beneficiary is suffering or has suffered from a prescribed disease, and article 18 of the Social Welfare (Occupational Injuries) Regulations, 1967 ( S.I. No. 77 of 1967 ) shall, subject to the following sub-article, be construed accordingly.

• (2) Paragraph (b) of sub-article (4) of the said article 18 (which relates to the giving of notice to the registered medical practitioner in attendance on the person required to submit himself for examination in respect of his claim or entitlement to injury benefit or disablement benefit) shall not apply in relation to prescribed diseases.

PART V Special Provisions as to Pneumoconiosis, Byssinosis, Occupational Asthma and Occupational Deafness

20 Injury benefit not payable

20. Injury benefit shall not be payable in respect of pneumoconiosis, byssinosis, occupational asthma or occupational deafness and accordingly the provisions of article 16 shall apply to every claim for disablement benefit in respect of any of these diseases.

21 Pneumoconiosis and byssinosis—special conditions for disablement benefit

21. (1) A disablement gratuity shall not be payable in respect of pneumoconiosis or byssinosis but where in any case the extent of disablement is such that, when assessed in accordance with section 43 of the Act (which section relates to disablement benefit), it amounts to less than twenty per cent, the beneficiary shall, subject to sub-article (2) of this article, be entitled to a disablement pension for the period taken into account by the assessment, payable at the weekly rate specified in the third column of the Second Schedule to the Social Welfare (Occupational Injuries) (Amendment) Regulations, 1983 ( S.I. No. 157 of 1983 ) as appropriate to the degree of disablement assessed in his case provided that where that period is limited by reference to a definite date, the pension shall cease on the death of the beneficiary before that date.

• (2) Further to the provisions of section 43 (5) of the Act, the period to be taken into account by an assessment of the extent of the claimant's disablement resulting from byssinosis, shall be not less than one year.

22 Pneumoconiosis—effects of tuberculosis

22. Where any claimant is found to be suffering from pneumoconiosis accompanied by tuberculosis, the effects of the tuberculosis shall be treated for the purposes of section 54 of the Act and of these Regulations as if they were effects of the pneumoconiosis.

23 Occupational asthma—time limit for claiming benefit

23. (1) Subject to sub-articles (2) and (3) as follows, disablement benefit shall not be payable in respect of occupational asthma where the claim is made later than 10 years after the date on which the insured person, in respect of whom the claim was made, ceased to be employed in any occupation prescribed in relation to occupational asthma.

• (2) Sub-article (1) shall not apply to any claim made by or in respect of an insured person who has at any time been found to be suffering from asthma as a result of an occupational accident and who by virtue of that finding has been awarded disablement benefit either for life or for a period which includes the date from which the aforesaid claim was made.

• (3) Subject to sub-article (4) occupational injuries death benefit shall not be paid in respect of occupational asthma where the insured person, in respect of whose death the benefit has been claimed, died more than 10 year after the date on which he ceased to be employed in any occupation prescribed in relation to occupational asthma.

• (4) Sub-article (3) shall not apply to any claim made in respect of the death of an insured person who had at any time been found to be suffering either from asthma as a result of an occupational accident or from occupational asthma and who by virtue of that finding had been awarded disablement benefit either for life or for a period which included the date of his death.

24 Occupational deafness—time limit for claiming benefit

24. (1) Article 9 of the Social Welfare (Claims and Payments) (Amendment) Regulations, 1967 shall not apply in relation to occupational deafness.

• (2) Disablement benefit shall not be paid in pursuance of a claim in respect of occupational deafness which is made later than 5 years after the latest date, before the date of the claim, on which the claimant worked in an occupation prescribed in relation to occupational deafness.

25 Occupational deafness—further claim

25. Where a claimant for disablement benefit in respect of occupational deafness is found not to satisfy the minimum hearing loss requirement prescribed in the first column of paragraph A. 11 of Part I of the Schedule, disablement benefit shall not be payable to him in respect of a further claim except—

• (a) where such further claim is made after the expiration of 3 years from the date of a claim which was disallowed because the claimant was not suffering from occupational deafness; or

• (b) Where such further claim is made after the expiration of 3 years from the date the extent of his disablement had been reassessed at less than 20%; or

• (c) where the claimant would otherwise be precluded by sub-article 24(2) from making a further claim after the expiration of 3 years from the date of the disallowed claim or from the date the extent of his disablement had been reassessed at less than 20%, as the case may be, and it is the first claim made since that date and is made within 5 years from the latest date before the date of the further claim on which he worked in an occupation prescribed in relation to occupational deafness.

26 Occupational deafness—period to be covered by assessment of disablement

26. (1) Subject to the provisions of section 43 (5) of the Act, every initial assessment of the extent of a claimant's disablement in respect of occupational deafness shall be a provisional assessment and the period to be taken into account by such an assessment shall be a period of 5 years.

• (2) The period to be taken into account by any subsequent reassessment of the extent of the claimant's disablement in respect of occupational deafness, if not limited by reference to the claimant's life, shall be not less than 5 years.

27 Revocations

27. The following Regulations are hereby revoked—

Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1967, ( S.I. No. 78 of 1967 );

Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations, 1973 ( S.I. No. 357 of 1973 );

Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations, 1977 ( S.I. No. 211 of 1977 ).

SCHEDULE

Part I Description of each prescribed disease or injury, and nature of employment in respect of which it is prescribed

Description of disease or injury	Occupation
A. Conditions due to physical agents
	Any occupation involving:
1. (a) Bursitis or subcutaneous cellulitis arising at or about the elbow or the knee due to severe or prolonged external friction or pressure at or about the elbow or the knee respectively (beat elbow or beat knee)	Manual labour causing severe or prolonged external friction or pressure at or about the elbow or the knee respectively.
(b) Subcutaneous cellulitis of the hand (beat hand)	Manual labour causing severe or prolonged friction or pressure on the hand.
2. Byssinosis	Work in any room where any process up to and including the weaving process is performed in a factory in which the spinning or manipulation of raw or waste cotton or of flax or the weaving of cotton or flax is carried on.
3. Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma)	(a) Attendance for work in or about a building where wooden goods are manufactured or repaired; or
	(b) Attendance for work in a building used for the manufacture of footwear or components of footwear made wholly or partly of leather or fibre board; or
	(c) Attendance for work at a place used wholly or mainly for the repair of footwear made wholly or partly of leather or fibre board.
4. Cramp of the hand or forearm due to repetitive movements	Prolonged periods of handwriting, typing or other repetitive movements of the fingers, hand or arm.
5. Disease or injury caused by electro-magnetic or ionising radiations	Exposure to electro-magnetic or ionising radiations.
6. Dysbarism, including decompression sickness, barotrauma and osteonecrosis	Subjection to compressed or rarefied air or other respirable gases or gaseous mixtures.
A. Conditions due to physical agents—(continued)
	Any occupation involving:
7. Pneumoconiosis	Any occupation set out in Part II of the Schedule.
8. Heat cataract	Frequent or prolonged exposure to rays from molten or red-hot material.
9. Miner's nystagmus	Work in or about a mine.
10. Diffuse mesothelioma (primary neoplasm of the mesothelium of the pleura or of the pericardium or of the peritoneum)	(a) The working or handling of asbestos or any admixture of asbestos; or
	(b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or
	(c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or
	(d) substantial exposure to the dust arising from any of the foregoing operations.
11. Substantial sensorineural hearing loss amounting to at least 50 decibels in each ear, being due in the case of at least one ear to occupational noise, and being the average of pure tone losses measured by audiometry over the 1,2 and 3 kilohertz frequencies (occupational deafness)	(a) the use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools or high-speed grinding tools, in the cleaning, dressing or finishing of cast metal or of ingots, billets or blooms; or
	(b) the use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools on metal in the shipbuilding or ship repairing industries; or
	(c) the use of or work in the immediate vicinity of pneumatic percussive tools on metal, or for drilling rock in quarries or underground, or in mining coal, for at least an average of one hour per working day; or
	(d) work wholly or mainly in the immediate vicinity of drop forging plant (including plant for drop-stamping or drop-hammering) or forging press plant engaged in the shaping of metal; or
	(e) work wholly or mainly in rooms or sheds where there are machines, engaged in weaving man-made or natural (including mineral) fibres or in the bulking up of fibres in textile manufacturing; or
A. Conditions due to physical agents—(continued)	Any occupation involving
	(f) the use of, or work wholly or mainly in the immediate vicinity of machines engaged in cutting, shaping or cleaning metal nails; or
	(g) the use of, or work wholly or mainly in the immediate vicinity of plasma spray guns engaged in the deposition of metal; or
	(h) the use of or work wholly or mainly in the immediate vicinity of, any of the following machines engaged in the working of wood or material composed partly of wood, that is to say: multi-cutter moulding machines, planing machines, automatic or semi-automatic lathes, multiple crosscut machines, automatic shaping machines, double-end tenoning machines, vertical spindle moulding machines (including high speed routing machines), edge banding machines, band-sawing machines with a blade width of not less than 75 millimetres and circular sawing machines in the operation of which the blade is moved towards the material being cut, or
	(i) the use of chain saws in forestry.
12. Traumatic inflammation of the tendons of the hand or forearm or of the associated tendon sheaths	Manual labour, or frequent or repeated movements of the hand or wrist.
B. Conditions due to biological agents
1. Ankylostomiasis	Work in or about a mine.
2. Anthrax	Contact with animals infected with anthrax or with such animal products or residues or the handling (including the loading or unloading or transport) of merchandise contaminated by such animals, products or residues.
3. Glanders	Contact with equine animals or their carcases.
4. Infection by leptospira	(a) Work in places which are or are liable to be infested by rats or field mice, voles or other small mammals; or
	(b) work at dog kennels or the care or handling of dogs; or
B. Conditions due to biological agents—(continued)
	Any occupation involving:
	(c) contact with bovine animals or their meat products or pigs or their meat products.
5. Infection by organisms of the genus brucella	Contact with—
	(a) animals infected by brucella or their carcases or parts thereof or their untreated products; or
	(b) laboratory specimens or vaccines of or containing brucella.
6. Infection by streptococcus suis	Contact with pigs infected by streptococcus suis, or with the carcases, products or residues of pigs so infected.
7. Extrinsic allergic alveolitis (including farmer's lung)	Exposure to moulds or fungal spores or heterologous proteins by reason of employment in—
	(a) agriculture or horticulture, forestry, cultivation of edible fungi or maltworking; or
	(b) loading or unloading or handling in storage mouldy vegetable matter or edible fungi; or
	(c) caring for or handling birds; or
	(d) handling bagasse.
8. Tuberculosis	Close and frequent contact with a source of tuberculous infection.
9. Viral hepatitis	Close and frequent contact with-
	(a) human blood or human blood products; or
	(b) a source of viral hepatitis infection by reason of employment in the medical treatment or nursing of a person suffering from viral hepatitis, or in a service ancillary to such treatment or nursing.
C. Conditions due to chemical agents
1. (a) Angiosarcoma of the liver (b) Osteolysis of the terminal phalanges of the fingers (c) Non-cirrhotic portal fibrosis	(a) Work in or about machinery or apparatus used for the polymerization of vinyl chloride monomer, a process which for the purposes of this provision, comprises all operation up to and including the drying of the slurry produced by the polymerization and the packaging of the dried product; or
	(b) Work in a building or structure in which any part of that process takes place.
C. Conditions due to chemical agents—(continued)	Any occupation involving:
2. (a) Carcinoma of the mucous membrane of the nose or associated air sinuses (b) Primary carcinoma of a bronchus or of a lung	Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried on.
3. Dystrophy of the cornea (including ulceration of the corneal surface) of the eye	(a) The use or handling of, or exposure to, arsenic or tar, pitch, bitumen, mineral oil (including paraffin} or soot, or any compound, product or residue of any of these substances except quinone or hydroquinone; or
	(b) exposure to quinone or hydroquinone during their manufacture.
4. (a) Localised new growth of the skin, papillomatous or keratotic (b) Squamous-celled carcinoma of the skin	The use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinone or hydroquinone.
5. Occupational vitiligo	The use of handling of, or exposure to, para-tertiary-butylphenol or para-tertiary-butylcathecnol or para-amyl-phenol, hydroquinone or the monobenzyl or monobutyl ether of hydroquinone.
6. Primary neoplasm (including papilloma, carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the urinary tract (renal pelvis, ureter, bladder, urethra)	(a) Work in a building in which any of the following substances is produced for commercial purposes-
	(i) alpha-naphthylamine or beta-naphthylamine or methylene-bis-orthochloroaniline;
	(ii) diphenyl substituted by at least one nitro or primary amino group or by at least one nitro and primary amino group (including benzidine);
	(iii) any of the substances mentioned in sub-paragraph (ii) above if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups;
	(iv) the salts of any of the substances mentioned in subparagraphs (i) to (iii) above;
	(v) auramine or magenta; or
	(b) the use or handling of any of the substances mentioned in sub-paragraph (a) (i) to (iv), or work in a process in which any such substance is used or handled or liberated; or
	(c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in sub-paragraph (b), or the cleaning of clothing used in any such building as is mentioned in sub-paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works.
7. Poisoning by acrylamide monomer	The use or handling of, or exposure to acrylamide monomer.
8. Poisoning by arsenic or a compound of arsenic	The use or handling of, or exposure to the fumes, dust or vapour of, arsenic or a compound of arsenic or a substance containing arsenic.
9. Poisoning by benzene or a homologue of benzene	The use of handling of, or exposure to the fumes of, or vapour containing, benzene or any of its homologues.
10. Poisoning by beryllium or a compound of beryllium	The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of beryllium or a substance containing beryllium.
11. Poisoning by cadmium	Exposure to cadmium dust or fumes.
12. Poisoning by carbon bisulphide	The use or handling of, or exposure to the fumes or vapour of, carbon bisulphide or a compound of carbon bisulphide or a substance containing carbon bisulphide.
13. Poisoning by chlorinated naphthalene	The use or handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated naphthalene.
14. Poisoning by chrome or its toxic compounds	Exposure to the risk of poisoning by chrome or its toxic compounds.
15. Poisoning by diethylene dioxide (dioxan)	The use or handling of, or exposure to the fumes of, or vapour containing, diethylene dioxide (dioxan).
16. Poisoning by dinitrophenol or a homologue of dinitrophenol, or by substituted dinitrophenols or by the salts of such substances	The use or handling of, or exposure to the fumes of, or vapour containing, dinitrophenol or a homologue or substituted dinitrophenols or the salts of such substances.
C. Conditions due to chemical agents—(continued)	Any occupation involving:
17. Poisoning by gonioma kamassi (African boxwood)	The manipulation of gonioma kamassi, or any process in or incidental to the manufacture of articles therefrom.
18. Poisoning by lead or a compound of lead... ...	The use or handling of, or exposure to the fumes, dust or vapour of, lead or a compound of lead or a substance containing lead.
19. Poisoning by manganese or a compound of manganese...	The use or handling of, or exposure to the fumes, dust of vapour of manganese or a compound of manganese or a substance containing manganese.
20. Poisoning by mercury or a compound of mercury... ...	The use of handling or, or exposure to the fumes, dust or vapour of, mercury or a compound of mercury or a substance containing mercury.
21. Poisoning by nickel carbonyl	Exposure to nickel carbonyl gas.
22. Poisoning by nitro- or amino- or chloro-derivatives of benzene or of a homologue of benzene or poisoning by nitrochlorbenzene	The use or handling of, or exposure to the fumes of, or vapour containing, a nitro- or amino- or chloro-derivative of benzene or of a homologue of benzene or nitrochlorbenzene.
23. Poisoning by oxides of nitrogen	Exposure to oxides of nitrogen.
24. Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning due to the anticholinesterase or pseudo anticholinesterase action of organic phosphorous compounds... ... ...	The use or handling of, or exposure to the fumes, dust or vapour of, phosphorus or a compound of phosphorus or a substance containing phosphorus.
25. Poisoning by the toxic halogenderivatives of hydrocarbons of the aliphatic series... ...	The use or handling of, or exposure to the fumes of, or vapour containing, toxic halogen derivatives of hydrocarbons of the aliphatic series.
D. Miscellaneous conditions
1. Asthma which is due to exposure to any of the following agents:	Exposure to any of the agents set out in the first column of this paragraph.
(a) animals or insects used for the purposes of research or education or in laboratories;
D. Miscellaneous conditions—(IT+>continued)	D. Miscellaneous conditions—(IT+>continued)
(b) dusts arising from the sowing or cultivation, harvesting, drying, handling, milling, transport or storage of, barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of, meal or flour made therefrom
(c) fumes or dusts arising from the manufacture or transport or use of, hardening agents (including epoxy resin curing agents) based on phthalic anhydride or tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine
(d) fumes arising from the use of rosin as a soldering flux
(e) isocyanates
(f) platinum salts
(g) proteolytic enzymes
(h) red cedar wood dust
(occupational asthma)
2. Inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust or liquid or vapour... ...	Exposure to dust or liquid or vapour.
3. Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis due to ionising particles or electromagnetic radiations other than radiant heat)... ...	Exposure to dust or liquid or vapour or any other external agent capable of irritating the skin (including friction or heat, but excluding ionising particles or electro-magnetic radiations other than radiant heat).

SCHEDULE

PART II Nature of employment in respect of which Pneumoconiosis is prescribed

• (A) Occupations to which articles 4(b)(i) and 6(2)(b)(ii) refer

• (a) the mining, quarrying or working of silica rock or the working of dried quartzose sand or any dry deposit or dry residue of silica or any dry admixture containing such materials (including any occupation in which any of the aforesaid operations are carried out incidentally to the mining or quarrying of other minerals or to the manufacture of articles containing crushed or ground silica rock); or

• (b) the handling of any of the materials specified in the foregoing subparagraph in or incidental to any of the operations mentioned therein, or substantial exposure to the dust arising from such operations.

• (a) the freeing of steel castings from adherent siliceous substance;

• (b) the freeing of metal castings from adherent siliceous substance—

• (i) by blasting with an abrasive propelled by compressed air, by steam or by a wheel; or

• (ii) by the use of power-driven tools.

• (a) the working or handling of asbestos or any admixture of asbestos; or

• (b) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or

• (c) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or

• (d) substantial exposure to the dust arising from any of the foregoing operations.

• (a) work underground in any mine in which one of the objects of the mining operations is the getting of any mineral; or

• (b) the working or handling above ground at any coal or tin mine of any minerals extracted therefrom, or any operation incidental thereto; or

• (c) the trimming of coal in any ship, barge or lighter, or in any dock or harbour or at any wharf or quay; or

• (d) the sawing, splitting or dressing of slate, or any operation incidental thereto.

• (B) Occupations to which article 4(b)(ii) refers

GIVEN under my Official Seal, this 19th day of December, 1983.

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Regulations extend insurance under the occupational injuries benefit scheme to persons insurably employed in certain occupations in respect of the diseases — occupational deafness, infection by streptococcus suis, angiosarcoma of the liver, osteolysis of the terminal phalanges of the fingers, non-cirrhotic portal fibrosis, occupational vitiligo and occupational asthma. The Regulations also consolidate the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1967 and subsequent amending Regulations which are revoked.

The schedule of prescribed diseases and the occupations for which the diseases are prescribed have been rearranged in four categories and amendments have been made to the description of a number of the diseases and the occupations for which they are prescribed.