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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 2000

SOCIAL SECURITY

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

  Made 12th July 2007 
  Laid before Parliament 13th July 2007 
  Coming into force 10th August 2007 

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred on him by paragraph 8(1) of the Schedule to the Pneumoconiosis etc. (Workers' Compensation) Act 1979[1].

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

    (2) In this Order—

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



Signed by authority of the Secretary of State for Work and Pensions.


Bill McKenzie
Parliamentary Under-Secretary of State, Department for Work and Pensions

12th July 2007



SCHEDULE
Article 2


Occupations prescribed in relation to the diseases to which the Act 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 Act 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–

      (i) asbestosis

      (ii) 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 paragraphs (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 paragraphs (a), (b) or (c).




EXPLANATORY NOTE

(This note is not part of the Order)


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

One of the prerequisites for making a payment under the Act is that every relevant employer of a person disabled by a disease to which the Act 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 Act applies.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities and voluntary bodies.


Notes:

[1] 1979 c.41. The Schedule was inserted by section 58(3) of the Welfare Reform Act 2007 (c.5).back



ISBN 978 0 11 077880 8


 © Crown copyright 2007

Prepared 18 July 2007


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