The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2003 and shall come into force on 17th March 2003.
(2)
Amendment of regulation 4 of the principal Regulations2.
(1)
(2)
“(7)
Where a person in relation to whom primary neoplasm of the epithelial lining of the urinary tract is prescribed in paragraph C23 of Part I of Schedule 1 in respect of the occupation set out in sub-paragraph (a), (b) or (e) in the second column of the entry relating to the disease numbered C23, develops that disease, it shall, unless the contrary is proved, be presumed to be due to the nature of his employed earner’s employment if he was employed in one of those occupations on, or at any time within one month immediately preceding, the date on which, under the subsequent provisions of these Regulations, he is treated as having developed the disease.”.
Amendment of regulation 7 of the principal Regulations3.
Amendment of regulation 8 of the principal Regulations4.
In regulation 8(1) of the principal Regulations (workmen’s compensation cases) “in the manner provided in Part IX of the Adjudication Regulations” shall be omitted.
Amendment of Schedule 1 to the principal Regulations5.
(1)
(2)
The entries relating to prescribed diseases C8, C9, C10, C11, C14, C15 and C28 (conditions due to chemical agents) shall be omitted.
(3)
“C1.
(a)
Anaemia with a haemoglobin concentration of 9g/dL or less, and a blood film showing punctate basophilia;
(b)
peripheral neuropathy;
(c)
central nervous system toxicity.”.
(4)
“C2.
Central nervous system toxicity characterised by parkinsonism.”.
(5)
“C4.
Primary carcinoma of the bronchus or lung.
Exposure to the fumes, dust or vapour of arsenic, a compound of arsenic or a substance containing arsenic.”.
(6)
“C5A.
Central nervous system toxicity characterised by tremor and neuropsychiatric disease.
Exposure to mercury or inorganic compounds of mercury for a period of, or periods which amount in aggregate to, 10 years or more.
C5B.
Central nervous system toxicity characterised by combined cerebellar and cortical degeneration.
Exposure to methylmercury.”.
(7)
“C6.
Peripheral neuropathy.
The use or handling of, or exposure to, carbon disulphide (also called carbon disulfide).”.
(8)
“C7.
Acute non-lymphatic leukaemia.
Exposure to benzene.”.
(9)
“C12.
(a)
Peripheral neuropathy;
(b)
central nervous system toxicity.
Exposure to methyl bromide (also called bromomethane).”.
(10)
“C13.
Cirrhosis of the liver.
Exposure to chlorinated naphthalenes.”.
(11)
“C16.
(a)
Neurotoxicity;
(b)
cardiotoxicity.
Exposure to the dust of gonioma kamassi.”.
(12)
“C17.
Chronic beryllium disease.
Inhalation of beryllium or a beryllium compound.”.
(13)
“C18.
Emphysema.
Inhalation of cadmium fumes for a period of, or periods which amount in aggregate to, 20 years or more.”.
(14)
“C19.
(a)
Peripheral neuropathy;
(b)
central nervous system toxicity.
Exposure to acrylamide.”.
(15)
“Exposure to quinone or hydroquinone.”.
(16)
“C21.
Primary carcinoma of the skin.
Exposure to arsenic or arsenic compounds, tar, pitch, bitumen, mineral oil (including paraffin) or soot.”.
(17)
“C22.
(a)
Primary carcinoma of the mucous membrane of the nose or paranasal sinuses;
(b)
primary carcinoma of the bronchus or lung.
Work before 1950 in the refining of nickel involving exposure to oxides, sulphides or water-soluble compounds of nickel.”.
(18)
“C23.
Primary neoplasm of the epithelial lining of the urinary tract.
(a)
The manufacture of 1-naphthylamine, 2-naphthylamine, benzidine, auramine, magenta or 4-aminobiphenyl (also called biphenyl-4-ylamine);
(b)
work in the process of manufacturing methylene-bis-orthochloroaniline (also called MbOCA) for a period of, or periods which amount in aggregate to, 12 months or more;
(c)
exposure to 2-naphthylamine, benzidine, 4-aminobiphenyl (also called biphenyl-4-ylamine) or salts of those compounds otherwise than in the manufacture of those compounds;
(d)
exposure to orthotoluidine, 4-chloro-2-methylaniline or salts of those compounds; or
(e)
exposure for a period of, or periods which amount in aggregate to, 5 years or more, to coal tar pitch volatiles produced in aluminium smelting involving the Soderberg process (that is to say, the method of producing aluminium by electrolysis in which the anode consists of a paste of petroleum coke and mineral oil which is baked in situ).”.
(19)
“C24.
(a)
Angiosarcoma of the liver;
(b)
acro-osteolysis characterised by
(i)
lytic destruction of the terminal phalanges,
(ii)
in Raynaud’s phenomenon, the exaggerated vasomotor response to cold causing intense blanching of the digits, and
(iii)
sclerodermatous thickening of the skin;
(c)
liver fibrosis.
Exposure to vinyl chloride monomer in the manufacture of polyvinyl chloride.”.
(20)
“C25.
Vitiligo.
The use or handling of, or exposure to, paratertiary-butylphenol (also called 4-tert-butylphenol), paratertiary-butylcatechol (also called 4-tert-butylcatechol), para-amylphenol (also called p-pentyl phenol isomers), hydroquinone, monobenzyl ether of hydroquinone (also called 4-benzyloxyphenol) or mono-butyl ether of hydroquinone (also called 4-butoxyphenol).”.
(21)
“C26.
(a)
Liver toxicity;
(b)
kidney toxicity.
The use or handling of, or exposure to, carbon tetrachloride (also called tetrachloromethane).”.
(22)
“C27.
Liver toxicity.
The use or handling of, or exposure to, trichloromethane (also called chloroform).”.
(23)
“C29.
Peripheral neuropathy.
The use or handling of, or exposure to, n-hexane or n-butyl methyl ketone.”.
(24)
“C30.
(a)
Dermatitis;
(b)
ulceration of the mucous membrane or the epidermis.
The use or handling of, or exposure to, chromic acid, chromates or dichromates.”.
Transitional provision6.
(1)
Regulations 2 and 5 shall not apply—
(a)
to a period of assessment which relates to a claim which is made before the commencement date;
(b)
to a period of assessment which relates to a claim which is made within 3 months after the commencement date in respect of a period which began before the commencement date; or
(c)
where a person suffers from an attack of a disease and under regulation 7 of the principal Regulations (recrudescence) the attack is a recrudescence of a disease for which a claim was made before the commencement date (or within 3 months after the commencement date in respect of a period which began before the commencement date).
(2)
For the purposes of this regulation—
(a)
“commencement date” means the date on which these Regulations come into force;
(b)
(c)
a period of assessment which begins on the day following the end of a preceding period of assessment, shall be treated as a continuation of the preceding period of assessment.
Signed by authority of the Secretary of State for Work and Pensions.
These Regulations amend the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (the principal Regulations).
Regulation 2 amends regulation 4 of the principal Regulations, mainly by removing 20 specified diseases from the presumption that they are due to the nature of the specified employment.
Regulations 3 and 4 remove from regulations 7 and 8 of the principal Regulations an obsolete reference to a determination in the manner provided by Part IX of the Social Security (Adjudication) Regulations 1984 (S.I. 1984/451) which have been revoked.
Regulation 5 amends Part I of Schedule 1 to the principal Regulations which prescribes diseases for which industrial injuries benefit is payable. The amendment relates to prescribed diseases due to chemical agents; it removes references to seven diseases and changes the entries for other diseases.
Regulation 6 makes transitional provision so that the amendments both to the Schedule of prescribed diseases and to the presumption as to the cause of the disease, do not apply in respect of claims made, or treated as made, before these Regulations come into force.
These Regulations do not impose any costs on business.