S.I. No. 391/1983 - Social Welfare (Occupational Injuries) (No. 2) Regulations, 1983.

S.I. No. 391 of 1983.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (No. 2) REGULATIONS, 1983.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 and sub-section (4) of Section 43 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Social Welfare (Occupational Injuries)(No. 2) Regulations, 1983.

(2) These Regulations and the Social Welfare (Occupational Injuries) Regulations, 1967 to 1983 shall be construed together and the collective citation, the Social Welfare (Occupational Injuries) Regulations, 1967 to 1983, shall include these Regulations.

2. These Regulations shall come into operation on the 20th day of December, 1983.

3. In these Regulations:—

"The Act" means the Social Welfare (Consolidation) Act, 1981 ;

"the Schedule" means the Schedule to these Regulations;

"occupational deafness" means substantial sensorineural hearing loss amounting to at least 50 decibels in each ear, being due in the case of at least one ear to occupational noise, and being the average of pure tone losses measured by audiometry over the 1,2 and 3 kilohertz frequencies;

"the better ear" means that ear in which the claimant's hearing loss due to all causes is the lesser;

"the worse ear" means that ear in which the claimant's hearing loss due to all causes is the greater.

4. (1) Subsection (3) of section 43 of the Act shall have effect in relation to occupational deafness subject to the provisions of the following sub-article.

(2) The extent of disablement in respect of occupational deafness shall, subject to such adjustment as may be reasonable in the circumstances of the case, be assessed at the percentage calculated by applying the formula set out in Part II of the Schedule to the percentages specified in the second column of Part I of the Schedule opposite the appropriate amount of hearing loss in the better ear and the worse ear respectively specified in the first column of Part I of the Schedule, being the total hearing loss due to all causes, measured in each case by pure tone audiometry over the 1, 2 and 3 kilohertz frequencies.

SCHEDULE.

PART I.

Assessment of the Extent of Occupational Deafness.

Average hearing loss (dB) over 1,2 and 3 kHz	Degree of disablement per cent
50-53 dB ... ... ... ... ...	20
54-60 dB ... ... ... ... ...	30
61-66 dB ... ... ... ... ...	40
67-72 dB ... ... ... ... ...	50
73-79 dB ... ... ... ... ...	60
80-86 dB ... ... ... ... ...	70
87-95 dB ... ... ... ... ...	80
96-105 dB ... ... ... ...	90
106 dB or more ... ... ...	100

PART II.

Formula for Calculating Binaural Disablement.

(Degree of disablement of better ear x 4)		+	(Degree of disablement of worse ear)
		5

GIVEN under my Official Seal, this 19th day of December, 1983.

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Regulations specify the rules to be followed in assessing degrees of disablement in respect of occupational deafness under the occupational injuries scheme.