The Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 1994

Made: 8th September 1994

Coming into operation: 10th October 1994

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 108(2), 109(2) and 171(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and of all other powers enabling it in that behalf, hereby makes the following regulations:

Citation, commencement and interpretation

1

• (1) These regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) (Amendment) Regulations (Northern Ireland) 1994 and shall come into operation on 10th October 1994.

• (2) In these regulations “the principal regulations” means the Social Security ([industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1989[^f00002].

Amendment of regulation I of the principal regulations

2

In regulation 1(2) of the principal regulations (interpretation)—

• (a) after the definition of “grindstone” there shall be inserted the following definition—

• “knock out and shake out grid” means a grid used for mechanically separating moulding sand from mouldings and castings;

, and

• (b) after the definition of “silica rock” there shall be inserted the following definition—

• “skid transfer bank” means the area of a steel mill where the steel products moved from the area of its formation to the finishing area;

Insertion of regulation 12A into the principal regulations

3

After regulation 12 of the principal regulations (diseases contracted outside Northern Ireland) there shall be inserted the following regulation—

(12A) The provisions of paragraph 11 (1) Schedule 7 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall be modified by adding after “(the day on which Article 5 of the Social Security (Northern Ireland) Order 1990 came into operation)” the following and a person shall not be entitled to reduced earnings allowance— (aa) in relation to a disease prescribed on or after 10th October 1994 under section 108(2) above; or (bb) in relation to a disease prescribed before 10th October 1994 whose prescription is extended on or after that date under section 108(2) above but only in so far as the prescription has been so extended.

Amendment of Schedule I to the principal regulations

4

• (1) In Part I of Schedule 1 to the principal regulations (list of prescribed diseases and the occupations for which they are prescribed) the second column of the entry relating to the disease numbered A10 (occupational deafness) shall be amended in accordance with paragraphs (2) to (6) of this regulation.

• (2) In sub-paragraph (a) for “cast metal (other than weld metal) or on billets or blooms” there shall be substituted “metal (other than sheet metal or plate metal)”.

• (3) In sub-paragraph (c) after “coal” there shall be inserted “or in sinking shafts or for tunnelling in civil engineering works”.

• (4) After sub-paragraph (c) there shall be inserted the following sub-paragraph—

(ca) the use of pneumatic percussive tools on stone in quarry works. or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or

• (5) In sub-paragraph (i) after “forestry” there shall be inserted “; or”.

• (6) After sub-paragraph (i) there shall be added the following sub-paragraphs—

(j) air arc gouging or work wholly or mainly in the immediate vicinity of air arc gouging; or (k) the use of band saws, circular saws or cutting discs for cutting metal in the metal founding or forging industries, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or (l) the use of circular saws for cutting products in the manufacture of steel, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or (m) the use of burners or torches for cutting or dressing steel based products, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or (n) work wholly or mainly in the immediate vicinity of skid transfer banks; or (o) work wholly or mainly in the immediate vicinity of knock out and shake out grids in foundries; or (p) mechanical bobbin cleaning or work wholly or mainly in the immediate vicinity of mechanical bobbin cleaning; or (q) the use of, or work wholly or mainly in the immediate vicinity of, vibrating metal moulding boxes in the concrete products industry; or (r) the use of, or work wholly or mainly in the immediate vicinity of, high pressure jets of water or a mixture of water and abrasive material in the water jetting industry (including work underwater); or (s) work in ships' engine rooms; or (t) the use of circular saws for cutting concrete masonry blocks during manufacture, or work wholly or mainly in the immediate vicinity of those tools whilst they are being so used; or (u) burning stone in quarries by jet channelling processes, or work wholly or mainly in the immediate vicinity of such processes; or (v) work on gas turbines in connection with— (i) performance testing on test-bed; (ii) installation testing of replacement engines in aircraft; (iii) acceptance testing of Armed Service fixed wing combat planes; or (w) the use of, or work wholly or mainly in the immediate vicinity of— (i) machines for automatic moulding, automatic blow moulding or automatic glass pressing and forming machines used in the manufacture of glass containers or hollow ware; (ii) spinning machines using compressed air to produce glass wool or mineral wool; (iii) continuous glass toughening furnaces

Signed

Sealed with the Official Seal of the Department of Health and Services for Northern Ireland on

W. G. Purdy — Assistant Secretary — 8th September 1994.

Explanatory note

(This note is not part of the Regulations.)

These regulations further amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations (Northern Ireland) 1986 (“the principal regulations”).

Regulation 2 inserts definitions of “knock out and shake out grid” and “skid transfer bank” into regulation 1(2) of the principal regulations as a consequence of the change made by regulation 4(6).

Regulation 3 modifies paragraph 11(1) of Schedule 7 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 by removing entitlement to reduced earnings allowance in relation to a disease prescribed on or after 10th October 1994 or in relation to an extension of an exist prescribed disease on or after that date.

Regulation 4 adds to the list of occupations set against prescribed disease A10 (occupational deafness) listed in Schedule 1 to the principal regulations and widens the definition of two of the listed occupations prescribed in relation to occupational deafness.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: S.R. 1986 No. 179; relevant amending regulations are S.R. 1987 No. 454 and S.R. 1989 No. 319