S.I. No. 190/1934 - Workmen's Compensation Act, 1934 (Industrial Diseases) Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 190.

WORKMEN'S COMPENSATION ACT, 1934 (INDUSTRIAL DISEASES) ORDER, 1934.

WORKMEN'S COMPENSATION ACT, 1934 (INDUSTRIAL DISEASES) ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE PURSUANT TO SECTION 76 of THE WORKMEN'S COMPENSATION ACT, 1934 (No. 9 of 1934).

WHEREAS it is enacted by sub-section 3 of Section 76 of the Workmen's Compensation Act, 1934 , that the Minister for Industry and Commerce may from time to time by order under that section extend the provisions of the section to other diseases and other processes, and to injuries due to the nature of any employment specified in such order not being injuries by accident, either without modification or subject to such modifications as he may think fit :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by Section 76 of the Workmen's Compensation Act, 1934 , and of every and any other power him in this behalf enabling, does hereby order as follows, that is to say :—

1. This Order may be cited for all purposes as the Workmen's Compensation Act, 1934 (Industrial Diseases) Order, 1934.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In this Order the expression "the Act" means the Workmen's Compensation Act 1934 .

4. Subject to the modifications hereinafter specified the provisions of Section 76 of the Act, shall extend and apply to the diseases, injuries, and processes specified in the first and second columns of the Schedule annexed to this Order, as if the said diseases and injuries were included in the first column of the Sixth Schedule to the Act, and (where processes are specified in the second column of the annexed Schedule) as if the said processes were set opposite in the second column of the Schedule to the Act to the diseases or injuries to which they are set opposite in the second column of the Schedule annexed hereto.

5. A person suffering from the disease described in the Schedule annexed to the Act, as dermatitis produced by dust or liquids, or from any of the diseases described in the Schedule annexed to this Order, as ulceration of the skin produced by dust or liquids, and ulceration of the mucous membrane of the nose or mouth produced by dust, shall not be entitled to compensation under the provisions of the said section on account of the said disease if he is thereby disabled only for employment in the particular process in which the disease has been contracted, or other processes involving risk of the said disease, unless the judge is satisfied that the disease has been contracted through long continued exposure to dust or liquids in the industry in which he was engaged at the time of his disablement.

6. A person suffering from cataract shall not be entitled to compensation under the provisions of the said section on account of that disease for more than six months in all, or for more than four months unless he has undergone an operation for cataract. Provided that where the judge is satisfied on the advice of the Medical Referee that an operation could not for medical reasons be performed within four months from the date of disablement, or that having undergone an operation, the worker is still disabled by the cataract after the expiration of six months from such date, compensation may be continued for such further period and subject to such conditions as the judge may direct, without prejudice, however, to the right of review conferred by Section 25 of the Act.

7. A person suffering from writer's cramp shall not be entitled to compensation under the provisions of the said section on account of that disease for more than 12 months.

8. A person suffering from twister's cramp shall not be entitled to compensation under the provisions of the said section on account of that disease, unless he is totally disabled thereby from following the occupation of a twister, and the compensation shall cease as soon as he is able to earn at another occupation a weekly sum, equal to 75 per cent. of the average weekly earnings on which the compensation has been fixed, or at the expiration of six months, whichever is the earlier.

9. In the application of the provisions of the said section to telegraphist's cramp so far as regards a workman employed by the Minister for Posts and Telegraphs, the Post Office Medical Officer under whose charge the workman is placed, shall, if authorised to act for the purposes of the said section by the Minister for Posts and Telegraphs, be substituted for the certifying surgeon.

10. This Order may be cited as the Workmen's Compensation Act, 1934 (Industrial Diseases) Order, 1934.

11. This Order shall come into operation on the first day of August, 1934.

Given under the Official Seal of the Minister for Industry and Commerce, this 28th day of July, in the year one thousand nine hundred and thirty-four.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce

SCHEDULE.

WORKMEN'S COMPENSATION ACT, 1934 (INDUSTRIAL DISEASES) ORDER, 1934.

Description of Disease or Injury	Description of Process
(1) Arsenic poisoning or its sequelæ.	Handling of arsenic or its preparations or compounds.
(2) Lead poisoning or its sequelæ.	Handling of lead or its preparations or compounds.
(3) Poisoning by nitro-and amido-derivatives of benzene and its homologues (trinitrotoluene, anilin, and others), or the sequelæ.	Handling any nitro- or amido-derivative of benzene or any of its homologues, or any process in the manufacture or involving the use thereof.
(4) Poisoning by dinitrophenol or its sequelæ.	Handling dinitrophenol, or any process in the manufacture or involving the use thereof.
(5) Dope poisoning (that is poisoning by any substance used as or in conjunction with a solvent for acetate of cellulose) or its sequelæ.	Any process in the manufacture of aircraft.
(6) Poisoning by tetrachlorethane or its sequelæ.	Any process in the manufacture or involving the use of tetrachlorethane.
(7) Poisoning by carbon bisulphide or its sequelæ.	Any process involving the use of carbon bisulphide or its preparations or compounds.
(8) Poisoning by nickel carbonyl or its sequelæ.	Any process in which nickel carbonyl gas is evolved.
(9) Poisoning by Gonioma Kamassi(African boxwood) or its sequelæ.	Any process in the manufacture of articles from Gonioma Kamassi(African boxwood).
(10) Manganese poisoning.	Handling of manganese or substances containing manganese.
(11) (a) Ulceration of the skin produced by dust or liquids.	—
(b) Ulceration of the mucous membrane of the nose or mouth produced by dust.	—
(12) Ulceration of the corneal surface of the eye, due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.	Handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.
(13) Chrome ulceration or its sequelæ.	Any process involving the use of chromic acid or bi-chromate of ammonium, potassium, or sodium or their preparations.
(14) Scrota lepithelioma (chimneysweep's cancer).	Chimney sweeping.

SCHEDULE—continued.

Description of Disease or Injury	Description of Process
(15) Compressed air illness or its sequelæ.	Any process carried on in compressed air.
(16) Cataract caused by exposure to rays from molten or red-hot metal.	Any process in the manufacture of iron or steel normally involving exposure to rays from molten or red-hot metal.
(17) The disease known as miner's nystagmus, whether occurring in miners or others, and whether the symptom of oscillation of the eyeballs be present or not.	Mining.
(18) Subcutaneous cellulitis of the hand (beat hand).	Mining.
(19) Subcutaneous cellulitis or acute bursitis arising at or about the knee (beat knee).	Mining.
(20) Subcutaneous cellulitis or acute bursitis over the elbow (beat elbow).	Mining.
(21) Inflammation of the synovial lining of the wrist joint and tendon sheaths.	Mining.
(22) Glanders.	Care of any equine animal suffering from glanders; handling the carcase of such animal.
(23) Telegraphist's cramp.	Use of telegraphic instruments.
(24) Writer's cramp.	—
(25) Twister's cramp caused by twisting of cotton or woollen (including worsted) yarns.	—
(26) Inflammation, ulceration or malignant disease of the skin and subcutaneous tissues due to exposure to X-Rays or radio-active substances.	—
(27) A localised new growth of the skin, papillomatous or keratotic, due to mineral oil.	Cotton spinning by means of self-acting mules.