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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 337

SOCIAL SECURITY

The Pneumoconiosis, etc., (Workers' Compensation) (Prescribed Occupations) Order (Northern Ireland) 2007

  Made 19th July 2007 
  Coming into operation 10th August 2007 

The Department for Social Development makes the following Order in exercise of the powers conferred by paragraph 8(1) of the Schedule to the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979[1].

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Pneumoconiosis, etc., (Workers' Compensation) (Prescribed Occupations) Order (Northern Ireland) 2007 and shall come into operation on 10th August 2007.

    (2) In this Order—

Prescribed occupations
    
2. For the purposes of paragraph 8(1) of the Schedule to the Order, the occupations prescribed in relation to the diseases to which the Order applies are set out in the Schedule to this Order.



Sealed with the Official Seal of the Department for Social Development on


19th July 2007

L.S.


John O'Neill
A senior officer of the Department for Social Development


SCHEDULE
Article 2


Occupations prescribed in relation to the diseases to which the Order applies




PART 1

Occupations prescribed in relation to Pneumoconiosis

     1. Any occupation involving—

     2. Any occupation involving the breaking, crushing or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint, or substantial exposure to the dust arising from such operations.

     3. Any occupation involving sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint, or substantial exposure to the dust arising from sand and blasting.

     4. Any occupation involving work in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations—

     5. Any occupation in or incidental to the manufacture of china or earthenware (including sanitary earthenware, electrical earthenware and earthenware tiles), and any occupation involving substantial exposure to the dust arising from such operations.

     6. Any occupation involving the grinding of mineral graphite, or substantial exposure to the dust arising from such grinding.

     7. Any occupation involving the dressing of granite or any igneous rock by masons or the crushing of such materials, or substantial exposure to the dust arising from such operations.

     8. Any occupation involving the use, or preparation for use, of a grindstone or substantial exposure to the dust arising from such operations.

     9. Any occupation involving—

     10. Any occupation involving—

     11. Any occupation in or incidental to the manufacture of carbon electrodes by an industrial undertaking for use in the electrolytic extraction of aluminium from aluminium oxide, and any occupation involving substantial exposure to the dust arising from such operations.

     12. Any occupation involving boiler scaling or substantial exposure to the dust arising from boiler scaling.

     13. Any occupation involving exposure to dust in excess of the level met in the ordinary course of life, which is not listed in paragraphs 1 to 12.



PART 2

Occupations prescribed in relation to the other diseases to which the Order applies

Disease Occupations prescribed in relation to the disease
Byssinosis Any occupation involving 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.
Diffuse mesothelioma Any occupation involving exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.
Primary carcinoma of the lung where there is evidence of one or both of the following—

    (a) asbestosis

    (b) bilateral diffuse pleural thickening

Any occupation involving:

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

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

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

    (d) substantial exposure to the dust arising from any of the operations listed in paragraph (a), (b) or (c).

Bilateral diffuse pleural thickening Any occupation involving:

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

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

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

    (d) substantial exposure to the dust arising from any of the operations listed in paragraph (a), (b) or (c).




EXPLANATORY NOTE

(This note is not part of the Order)


Under the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979 ("the Order") lump sum payments may be made to certain persons disabled by a disease to which the Order applies, or to dependants of persons who were so disabled before they died.

One of the prerequisites for making a payment under the Order is that every relevant employer of a person disabled by a disease to which the Order applies must have ceased to carry on business. A "relevant employer" is a person by whom the disabled person was employed in a prescribed occupation during the time that he was developing the disease, and against whom he might have or might have had a claim for damages in respect of the disablement. This Order lists the occupations prescribed for the purposes of each disease to which the Order applies.

The enabling provision under which this Order is made was brought into operation, for the purpose only of authorising the making of an order, on 19 July 2007 and for all other purposes on 10th August 2007 by virtue of the Welfare Reform (2007 Act) (Commencement No. 1) Order (Northern Ireland) 2007 (S.R. 2007 No. 335 (C. 23)).


Notes:

[1] S.I. 1979/925 (N.I. 9); the Schedule was inserted by section 52(5) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.))back



ISBN 978 0 337 97086 3


 © Crown copyright 2007

Prepared 25 July 2007


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