S.I. No. 102/1985 - Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations, 1985.


S.I. No. 102 of 1985.

SOCIAL WELFARE (OCCUPATIONAL INJURIES) (PRESCRIBED DISEASES) (AMENDMENT) REGULATIONS, 1985.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 54 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981), hereby makes the following Regulations:

1. These Regulations may be cited as the Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations, 1985.

2. These Regulations and the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983 ( S.I. No. 392 of 1983 ) may be cited together as the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations. 1983 and 1985.

3. In these Regulations "the Principal Regulations" means the Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations, 1983.

4. Article 3 of the Principal Regulations is hereby amended by the insertion in sub-article (1), after the definition of "tuberculosis", of the following definitions:—

"vibration-induced white finger" in the description of the disease numbered A-13 in Part I of the Schedule to these Regulations means traumatic vasospasm of at least two distal phalanges of three or more digits of one hand, occurring without seasonal intermission.

"Non-endemic infectious or parasitic diseases" in the description numbered B-10 in Part I of the Schedule to these Regulations means infectious or parasitic diseases which are not endemic in the State and include malaria, leprosy, yellow fever, leishmaniasis and toxoplasmosis.

5. Article 6 of the Principal Regulations is hereby amended by the insertion in sub-article (1) following "D.2" of ",B.10".

6. The title to Part V of the Principal Regulations is hereby amended by the insertion after the word "Asthma" of ",Vibration-induced White Finger".

7. Article 20 of the Principal Regulations is hereby amended by the insertion after the word "asthma" of "vibration-induced white finger".

8. The following article is hereby inserted after article 22 in the Principal Regulations:—

"Vibration-induced White Finger — Special provision 22A. Where a claimant in respect of vibration-induced white finger who has traumatic vasospasm of a phalanx or phalanges of one hand is at the loss of a phalanx or phalanges in that hand, it shall be assumed for purposes of the claim that such missing phalanx or phalanges would have been subject to traumatic vasospasm."

9. Part I of the Schedule to the Principal Regulations is hereby amended as follows:—

( a ) by the deletion of paragraphs B-9 and C-11,

( b ) by the substitution for sub-paragraph (c) in the second column opposite paragraph A-11 of the following:—

"(c) The use of or work in the immediate vicinity of pneumatic percussive tools on metal or for drilling or of high-speed grinding tools on metal including the sharpening of such tools on metal, for at least an average of one hour per working day; or"

( c ) by the insertion in the second column of paragraph A-11, following sub-paragraph (i), of the following:—

"(j) work wholly or mainly in the setting, tuning or testing of aircraft engines or in the immediate vicinity of such work".

( d ) by the insertion in the first and second columns of the following matter:—

(A) 13. Vibration—induced white finger

(a) the use of chain saws in forestry work, or

(b) the use of percussive, grinding or other rotary tools, or

(c) the use of pounding machines, or

(d) the holding of materials being worked on by percussive tools.

(A) 14. Ulnar nerve neuritis

Prolonged external pressure at or about the elbow.

(B) 9. Viral Hepatitis

Contact with:—

(a) human blood or human blood products, or

(b) a source of viral hepatitis.

(B) 10. Non-endemic infectious or parasitic diseases

Contact with a source of any such disease.

(C) 11. Poisoning by cadmium or its toxic compounds

Exposure to the dust or fumes of cadmium or its toxic compounds.

(C) 26. Poisoning by fluorine or its toxic compounds

Exposure to fluorine or its toxic compounds.

(C) 27. Poisoning by alcohols, glycols or ketones

The use or handling of, or exposure to the fumes or vapour of, alcohols, glycols or ketones, used as solvents or dilutants.

(C) 28. Poisoning by carbon monoxide, hydrogen cyanide or its toxic derivatives, or hydrogen sulphide

Exposure to the fumes or vapour of, carbon monoxide, hydrogen cyanide or its toxic derivatives, or hydrogen sulphide.

(C) 29. Poisoning by nitroglycerine or nitroglycol

The use or handling of, or exposure to the fumes, dust or vapour of nitroglycerine or nitroglycol, or, a substance containing nitroglycerine or nitroglycol.

GIVEN under the Official Seal of the Minister for Social Welfare this 9th

day of April, 1985.

BARRY DESMOND,

Minister for Social Welfare.

EXPLANATORY NOTE.

The Regulations extend the list of prescribed conditions under the occupational injuries benefits scheme to include the following diseases

— vibration-induced white finger, ulnar nerve neuritis, non-endemic infectious or parasitic diseases and poisoning by

— the toxic compounds of cadmium; fluorine or its toxic compounds; alcohols, glycols or ketones used as solvents or dilutants; carbon monoxide, hydrogen cyanide or its toxic derivatives or hydrogen sulphide; or nitroglycerine or nitroglycol.

The Regulations also extend the definitions of the occupations in respect of which the following are prescribed

— viral hepatitis, occupational deafness.