IE
S.I. No. 102/2007 - Social Welfare (Consolidated Occupational Injuries) Regulations 2007
Table of Provisions (75)
Statutory Text (75 Articles)
1. Any occupation involving—
(
a
) the mining, quarrying or working of silica rock or the working of dried quartzose sand or any dry deposit or dry residue of silica or any dry admixture containing such materials (including any occupation in which any of the aforesaid operations are carried out incidentally to the mining or quarrying of other minerals or to the manufacture of articles containing crushed or ground silica rock); or
(
b
) the handling of any of the materials specified in subparagraph (
a
) in or incidental to any of the operations mentioned therein, or substantial exposure to the dust arising from such operations.
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 any 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 such sand 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—
(
a
) the freeing of steel castings from adherent siliceous substance;
(
b
) the freeing of metal castings from adherent siliceous substance—
(i) by blasting with an abrasive propelled by compressed air, by steam or by a wheel; or
(ii) by the use of power-driven tools.
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 therefrom.
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 therefrom.
9. Any occupation involving—
(
a
) the working or handling of asbestos or any admixture of asbestos; or
(
b
) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or
(
c
) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or
(
d
) substantial exposure to the dust arising from any of the foregoing operations.
10. Any occupation involving—
(
a
) work underground in any mine in which one of the objects of the mining operations is the getting of any mineral; or
(
b
) the working or handling above ground at any coal or tin mine of any minerals extracted therefrom, or any operation incidental thereto; or
(
c
) the trimming of coal in any ship, barge or lighter, or in any dock or harbour or at any wharf or quay; or
(
d
) the sawing, splitting or dressing of slate, or any operation incidental thereto.
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 therefrom.
12. Any occupation involving boiler scaling or substantial exposure to dust arising therefrom.
(B) Occupations to which article 20(
b
)(ii) refers—
Any other occupation involving exposure to mineral dust.
Article 21
SCHEDULE 5
PART 1
Assessment of the Extent of Occupational Deafness
Average hearing loss (dB) over 1, 2 and 3 kHz
Degree of disablement per cent
(1)
(2)
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
95 — 105 dB
90
106 dB or more
100
PART 2
Formula for calculating Binaural Disablement
((Degree of Disablement of better ear x 4) + (Degree of Disablement of worse ear)) / 5
Article 5
SCHEDULE 6 Revocations
S.I. Number
Regulations
Extent of Revocation
(1)
(2)
(3)
S.I. No. 374 of 1952
Social Welfare (Claims and Payments) Regulations 1952
The whole Regulations
S.I. No. 60 of 1956
Workmen’s Compensation Act 1934 (Industrial Disease) Order 1956
The whole Regulations
S.I. No. 97 of 1960
Workmen’s Compensation (Modifications Pursuant to Reciprocal Arrangements) (Great Britain) Order 1960
The whole Regulations
S.I. No. 214 of 1964
Workmen’s Compensation (Modifications Pursuant to Reciprocal Arrangements) (Northern Ireland) Order 1964
The whole Regulations
S.I. No. 269 of 1965
Workmen’s Compensation Act 1934 (Certifying Surgeons and Medical Referees) Order 1934 (Amendment) Order 1965
The whole Regulations
S.I. No. 77 of 1967
Social Welfare (Occupational Injuries) Regulations 1967
The whole Regulations
S.I. No. 80 of 1967
Social Welfare (Insurable (Occupational Injuries) Employment) Regulations 1967
The whole Regulations
S.I. No. 85 of 1967
Social Welfare (Claims and Payments) (Amendment) Regulations 1967
The whole Regulations
S.I. No 92 of 1967
Social Welfare (Occupational Injuries) (Medical Care) Regulations 1967
The whole Regulations
S.I. No. 183 of 1969
Social Welfare (Occupational Injuries) (Amendment) Regulations 1969
The whole Regulations
S.I. No. 206 of 1970
Social Welfare (Occupational Injuries) (Amendment) Regulations 1970
The whole Regulations
S.I. No. 233 of 1971
Social Welfare (Claims and Payments) (Amendment) Regulations 1971
The whole Regulations
S.I. No. 219 of 1972
Social Welfare (Occupational Injuries) (Amendment) Regulations 1972
The whole Regulations
S.I. No. 277 of 1972
Social Welfare (Claims and Payments) (Amendment) Regulations 1972
The whole Regulations
S.I. No. 182 of 1973
Social Welfare (Occupational Injuries) (Amendment) Regulations 1973
The whole Regulations
S.I. No. 243 of 1974
Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1974
The whole Regulations
S.I. No. 96 of 1977
Social Welfare (Occupational Injuries) (Amendment) Regulations 1977
The whole Regulations
S.I. 316 of 1977
Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1977
The whole Regulations
S.I. No. 89 of 1978
Social Welfare (Occupational Injuries) (Amendment) Regulations 1978
The whole Regulations
S.I. No. 99 of 1979
Social Welfare (Occupational Injuries) (Amendment) Regulations 1979
The whole Regulations
S.I. No. 326 of 1979
Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 1979
The whole Regulations
S.I. No. 83 of 1980
Social Welfare (Occupational Injuries) (Amendment) Regulations 1980
The whole Regulations
S.I. No. 136 of 1981
Social Welfare (Occupational Injuries) Regulations 1981
The whole Regulations
S.I. No. 340 of 1981
Social Welfare (Occupational Injuries) (Amendment) Regulations 1981
The whole Regulations
S.I. No. 78 of 1982
Social Welfare (Occupational Injuries) (Amendment) Regulations 1982
The whole Regulations
S.I. No. 157 of 1983
Social Welfare (Occupational Injuries) (Amendment) Regulations 1983
The whole Regulations
S.I. No. 391 of 1983
Social Welfare (Occupational Injuries) (No. 2) Regulations 1983
The whole Regulations
S.I. No. 392 of 1983
Social Welfare (Occupational Injuries) (Prescribed Diseases) Regulations 1983
The whole Regulations
S.I. No. 102 of 1985
Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 1985
The whole Regulations
S.I. No. 81 of 1986
Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1986
The whole Regulations
S.I. No. 237 of 1986
Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) (No. 2) Regulations 1986
The whole Regulations
S.I. No. 114 of 1990
Social Welfare (Miscellaneous Provisions) Regulations 1990
The whole Regulations
S.I. No. 247 of 1990
Social Welfare (Claims and Payments) (Amendment) Regulations 1990
The whole Regulations
S.I. No. 206 of 1991
Social Welfare (Amendment of Miscellaneous Social Insurance Provisions) Regulations 1991
The whole Regulations
S.I. No. 82 of 1992
Social Welfare (Occupational Injuries) (Amendment) Regulations 1992
The whole Regulations
S.I. No. 83 of 1992
Social Welfare (Insurable (Occupational Injuries) Employment) (Amendment) Regulations 1992
The whole Regulations
S.I. No. 177 of 1993
Social Welfare (Insurable (Occupational Injuries) Employment) (Amendment) Regulations 1993
The whole Regulations
S.I. No. 137 of 1995
Social Welfare (Occupational Injuries) (Amendment) Regulations 1995
The whole Regulations
S.I. No. 171 of 1996
Social Welfare (Occupational Injuries) (Amendment) Regulations 1996
The whole Regulations
S.I. No. 235 of 1997
Social Welfare (Occupational Injuries) (Amendment) Regulations 1997
The whole Regulations
S.I. No. 182 of 1998
Social Welfare (Occupational Injuries) (Amendment) Regulations 1998
The whole Regulations
S.I. No. 163 of 1999
Social Welfare (Occupational Injuries) (Amendment) Regulations 1999
The whole Regulations
S.I. No. 102 of 2001
Social Welfare (Occupational Injuries) (Amendment) Regulations 2001
The whole Regulations
S.I. No. 617 of 2001
Social Welfare (Occupational Injuries) (Amendment) (No. 1) (Euro) Regulations 2001
The whole Regulations
S.I. No. 652 of 2001
Social Welfare (Occupational Injuries) (Amendment) (No. 2) Regulations 2001
The whole Regulations
S.I. No. 628 of 2002
Social Welfare (Occupational Injuries) (Amendment) Regulations 2002
The whole Regulations
S.I. No. 234 of 2003
Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 2003
The whole Regulations
S.I. No. 183 of 2005
Social Welfare (Occupational Injuries) (Prescribed Diseases) (Amendment) Regulations 2005
The whole Regulations
S.I. No. 694 of 2006
Social Welfare (Occupational Injuries) (Amendment) Regulations 2006
The whole Regulations
GIVEN under my official seal
6 March 2007
SÉAMUS BRENNAN
Minister for Social and Family Affairs
The Minister for Finance hereby consents to the making of the foregoing regulations.
GIVEN under my official seal
6 March 2007
BRIAN COWEN
Minister for Finance
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These regulations consolidate the regulatory provisions governing Occupational Injuries Benefits, relating to—
• Occupational Injuries,
• Prescribed Diseases, and
• General provisions for Claims and Payments.
13. Loss of thumb and its metacarpal bone
40
14. Loss of four fingers of one hand
50
15. Loss of three fingers of one hand
30
16. Loss of two fingers of one hand
20
17. Loss of terminal phalanx of thumb
20
Amputation Cases — Lower Limbs
18. Amputation of both feet resulting in end-bearing stumps
90
19. Amputation through both feet proximal to the metatarso-phalangeal joint
80
20. Loss of all toes of both feet through the metatarso-phalangeal joint
40
21. Loss of all toes of both feet proximal to the proximal interphalangeal joint
30
22. Loss of all toes of both feet distal to the proximal interphalangeal joint
20
23. Amputation at hip
90
24. Amputation below hip with stump not exceeding 5 inches in length measured from tip of great trochanter
80
25. Amputation below hip and above knee with stump exceeding 5 inches in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump
70
26. Amputation at knee resulting in end-bearing stump or below knee with stump not exceeding 3 inches
60
27. Amputation below knee with stump exceeding 3 inches but not exceeding 5 inches.
50
28. Amputation below knee with stump exceeding 5 inches
40
29. Amputation of one foot resulting in end-bearing stump
30
30. Amputation through one foot proximal to the metatarso-phalangeal joint
30
31. Loss of all toes of one foot through the metatarso-phalangeal joint
20
Other Injuries
32. Loss of one eye, without complications, the other being normal
40
33. Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal
30
A Loss of: Fingers of right or left hand
Index Finger
34. Whole
14
35. Two phalanges
11
36. One phalanx
9
37. Guillotine amputation of tip without loss of bone
5
Middle Finger
38. Whole
12
39. Two phalanges
9
40. One phalanx
7
41. Guillotine amputation of tip without loss of bone
4
Ring or Little Finger
42. Whole
7
43. Two phalanges
6
44. One phalanx
5
45. Guillotine amputation of tip without loss of bone
2
B. Loss of Toes of Right or Left Foot
Great toe
46. Through metatarso-phalangeal joint
14
47. Part, with some loss of bone
3
Any other toe
48. Through metatarso-phalangeal joint
3
49. Part, with some loss of bone
1
Two Toes of One Foot, excluding Great Toe
50. Through metatarso-phalangeal joint
5
51. Part, with some loss of bone
2
Three toes of One Foot, excluding Great Toe
52. Through metatarso-phalangeal joint
6
53. Part, with some loss of bone
3
Four Toes of One Foot, excluding Great Toe
54. Through metatarso-phalangeal joint
9
55. Part, with some loss of bone
3
Articles 9 and 10
SCHEDULE 3 Scale of Disablement Gratuities and of Weekly Rates of Pension in Lieu of Disablement Gratuities
Degree of Disablement
Amount of Gratuity
Weekly Rate of Pension
(1)
(2)
(3)
Per Cent
€
€
1
1,518
2.20
2
2,277
4.30
3
3,036
6.50
4
3,795
8.70
5
4,554
10.80
6
5,313
13.00
7
6,072
15.20
8
6,831
17.40
9
7,590
19.50
10
8,349
21.70
11
9,108
23.90
12
9,867
26.00
13
10,626
28.20
14
11,385
30.40
15
12,144
32.50
16
12,903
34.70
17
13,662
36.90
18
14,421
39.00
19
15,180
41.20
SCHEDULE 4
PART 1
Description of Each Prescribed Disease or Injury and Nature of Employment in Respect of Which it is Prescribed
Description of Disease or Injury
Occupation
(1)
(2)
A
Conditions due to physical agents
Any occupation involving
1(
a
).
Bursitis or subcutaneous cellulites arising at or about the elbow or the knee due to severe or prolonged external friction or pressure at or about the elbow or the knee respectively (beat elbow or beat knee)
Manual labour causing severe or prolonged external friction or pressure at or about the elbow or the knee respectively.
1(
b
).
Subcutaneous cellulites of the hand (beat hand)
Manual labour causing severe or prolonged friction or pressure on the hand.
2.
Byssinosis
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 flax or the weaving of cotton or flax is carried on.
3.
Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma)
(
a
) Attendance for work in or about a building where wooden goods are manufactured or repaired; or
(
b
) attendance for work in a building used for the manufacture of footwear or components of footwear made wholly or partly of leather or fibre board; or
(
c
) attendance for work at a place used wholly or mainly for the repair of footwear made wholly or partly of leather or fibre board.
4.
Cramp of the hand or forearm due to repetitive movements
Prolonged periods of handwriting, typing or other repetitive movements of the fingers, hand or arm.
5.
Disease or injury caused by electro-magnetic or ionizing radiations
Exposure to electro-magnetic or ionizing radiations.
6.
Dysbarism, including decompression sickness, barotrauma and osteonecrosis
Subjection to compressed or rarified air or other respirable gases or gaseous mixtures.
7.
Pneumoconiosis
Any occupation set out in Part 2 of the Schedule.
8.
Heat cataract
Frequent or prolonged exposure to rays from molten or red hot material.
9.
Miner’s nystagmus
Work in or about a mine.
10.
Diffuse mesothelioma (primary neoplasm of the mesothelium of the pleura or of the pericardium or of the peritoneum)
(
a
) The working or handling of asbestos or any admixture of asbestos; or
(
b
) the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; or
(
c
) the cleaning of any machinery or plant used in any of the foregoing operations and of any chambers, fixtures or appliances for the collection of asbestos dust; or
(
d
) substantial exposure to the dust arising from any of the foregoing operations.
11.
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 (occupational deafness)
(
a
) The use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools or high-speed grinding tools, in the cleaning, dressing or finishing of cast metal or of ingots, billets or blooms; or
(
b
) the use of or work wholly or mainly in the immediate vicinity of pneumatic percussive tools on metal in the shipbuilding or ship repairing industries; or
(
c
) the use of or work in the immediate vicinity of pneumatic percussive tools on metal, or for drilling rock in quarries or underground, or in mining coal, for at least an average of one hour per working day; or
(
d
) work wholly or mainly in the immediate vicinity of drop forging plant (including plant for drop-stamping or drop-hammering) or forging press plant engaged in the shaping of metal; or
(
e
) work wholly or mainly in rooms or sheds where there are machines engaged in weaving man-made or natural (including mineral) fibres or in the bulking up of fibres in textile manufacturing; or
(
f
) the use of, or work wholly or mainly in the immediate vicinity of machines engaged in cutting, shaping or cleaning metal nails; or
(
g
) the use of, or work wholly or mainly in the immediate vicinity of plasma spray guns engaged in the deposition of metal; or
(
h
) the use of or work wholly or mainly in the immediate vicinity of, any of the following machines engaged in the working of wood or material composed partly of wood, that is to say: multicutter moulding machines, planing machines, automatic or semi-automatic lathes, multiple crosscut machines, automatic shaping machines, double-end tenoning machines, vertical spindle moulding machines (including high speed routing machines), edge banding machines, band-sawing machines with a blade width of not less than 75 millimetres and circular sawing machines in the operation of which the blade is moved towards the material being cut; or
(
i
) the use of chain saws in forestry; or
(
j
) work wholly or mainly in the setting, tuning or testing of aircraft engines or in the immediate vicinity of such work.
12.
Traumatic inflammation of the tendons of the hand or forearm or of the associated tendon sheaths
Manual labour, or frequent or repeated movements of the hand or wrist.
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.
14.
Ulnar nerve neuritis
Prolonged external pressure at or about the elbow.
15.
Carpal tunnel syndrome
(
a
) The use of hand held power tools, but excluding those which are solely powered by hand, whose parts vibrate so as to transmit that vibration to the hand, or
(
b
) repetitive and forceful work causing abnormal pressure on the wrist over a prolonged period.
16.
Lateral epicondylitis
Over a prolonged period, repeated and forceful rotational movements of the forearm with the hand extended.
B
Conditions due to biological agents
1.
Ankylostomiasis
Work in or about a mine
2.
Anthrax
Contact with animals infected with anthrax or with such animal products or residues or the handling (including the loading or unloading or transport) of merchandise contaminated by such animals, products or residues.
3.
Glanders
Contact with equine animals or their carcasses.
4.
Infection by leptospira
(
a
) Work in places which are or are liable to be infested by rats or field mice, voles or other small mammals; or
(
b
) work at dog kennels or the care or handling of dogs; or
(
c
) contact with bovine animals or their meat products or pigs or their meat products.
5.
Infection by organisms of the genus brucella
Contact with—
(
a
) animals infected by brucella or their carcasses or parts therof or their untreated products; or
(
b
) laboratory specimens or vaccines of or containing brucella.
6.
Infection by streptococcus suis
Contact with pigs infected by streptococcus suis, or with the carcasses, products or residues of pigs so infected.
7.
Extrinsic allergic alveolitis (including farmer’s lung)
Exposure to mould or fungal spores or heterologous proteins by reason of employment in—
(
a
) agriculture or horticulture, forestry, cultivation of edible fungi or maltworking; or
(
b
) loading or unloading or handling in storage mouldy vegetable matter or edible fungi; or
(
c
) caring for or handling birds; or
(
d
) handling bagasse.
8.
Tuberculosis
Close and frequent contact with a source of tuberculous infection.
9.
Viral hepatitis
Contact with—
(
a
) human blood or human blood products; or
(
b
) a source of viral hepatitis.
10.
Non-endemic infectious or parasitic diseases
Contact with a source of any such disease.
C.
Conditions due to chemical agents.
1(
a
)1(
b
).1(
c
).
Angiosarcoma of the liverOsteolysis of the terminal phalanges of the fingersNon-cirrhotic portal fibrosis
(
a
) Work in or about machinery or apparatus used for the polymerization of vinyl chloride monomer, a process which for the purposes of this provision, comprises all operation up to and including the drying of the slurry produced by the polymerization and the packaging of the dried product; or
(
b
) work in a building or structure in which any part of that process takes place.
2(
a
).2(
b
).
Carcinoma of the mucous membrane of the nose or associated air sinusesPrimary carcinoma of a bronchus or of a lung
Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried on.
3.
Dystrophy of the cornea (including ulceration of the corneal surface) of the eye
(
a
) The use or handling of, or exposure to, arsenic or tar, pitch, bitumen, mineral oil (including paraffin) or soot, or any compound, product or residue of any of these substances except quinone or hydroquinone; or(
b
) exposure to quinone or hydroquinone during their manufacture.
4(
a
).4(
b
).
Localised new growth of the skin, papillomatous or keratoticSquamous-celled carcinoma of the skin
The use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinone or hydroquinone.
5.
Occupational vitiligo
The use or handling of, or exposure to, para-tertiary-butylphenol or para-tertiary-butylcathecnol or para-amyl-phenol, hydroquinone or the monobenzyl or monobutyl ether of hydroquinone.
6.
Primary neoplasm (including papilloma, carcinoma-in-situ and invasive carcinoma) of the epithelial lining of the urinary tract (renal, pelvis, ureter, bladder, urethra)
(
a
) Work in a building in which any of the following substances is produced for commercial purposes—
(i) alpha-naphthylamine or beta-naphthylamine or methylene-bis-orthochloro-aniline;
(ii) diphenyl substituted by a least one nitro or primary amino group or by at least one nitro and primary amino group (including benzidine);
(iii) any of the substances mentioned in sub-paragraph (ii) above if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups;
(iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii) above;
(v) auramine or magenta; or
(
b
) the use or handling of any of the substances mentioned in sub-paragraph (a)(i) to (iv), or work in a process in which any such substance is used or handled or liberated; or
(
c
) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in sub-paragraph (
b
), or the cleaning of clothing used in any such building as is mentioned in sub-paragraph (
a
) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works.
7.
Poisoning by acrylamide monomer
The use or handling of, or exposure to acrylomide monomer.
8.
Poisoning by arsenic or a compound of arsenic
The use or handling of, or exposure to the fumes, dust or vapour of, arsenic, or a compound of arsenic or a substance containing arsenic.
9.
Poisoning by benzene or a homologue of benzene
The use or handling of, or exposure to the fumes of, or vapour containing, benzene or any of its homologues.
10.
Poisoning by beryllium or a compound of beryllium
The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of beryllium or a substance containing beryllium.
11.
Poisoning by cadmium or its toxic compounds
Exposure to the dust or fumes of cadmium or its toxic compounds.
12.
Poisoning by carbon bisulphide
The use or handling of, or exposure to the fumes or vapour of, carbon bisulphide or a compound of carbon bisulphide or a substance containing carbon bisulphide.
13.
Poisoning by chlorinated naphthalene
The use or handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated naphthalene.
14.
Poisoning by chrome or its toxic compounds
Exposure to the risk of poisoning by chrome or its toxic compounds.
15.
Poisoning by diethylene dioxide (dioxan)
The use or handling of, or exposure to the fumes of, or vapour containing, diethylene dioxide (dioxan).
16.
Poisoning by dinitrophenol or a homologue of dinitrophenol, or by substituted dinitrophenols or by the salts of such substances
The use or handling of, or exposure to the fumes of, or vapour containing, dinitrophenol or a homologue or substituted dinitrophenols or the salts of such substances.
17.
Poisoning by gonioma kamassi (African boxwood)
The manipulation of gonioma kamassi, or any process in or incidental to the manufacture of articles therefrom.
18.
Poisoning by lead or a compound of lead
The use or handling of, or exposure to the fumes, dust or vapour of, lead or a compound or a substance containing lead.
19.
Poisoning by manganese or a compound of manganese
The use or handling of, or exposure to the fumes, dust or vapour of manganese or a substance containing manganese.
20.
Poisoning by mercury or a compound of mercury
The use of, or handling or exposure to the fumes, dust or vapour of, mercury or a compound of mercury or a substance containing mercury.
21.
Poisoning by nickel carbonyl
Exposure to nickel carbonyl gas.
22.
Poisoning by nitro- or amino- or chloro- derivatives of benzene or of a homologue of benzene or poisoning by nitrochlorbenzene
The use or handling of, or exposure to the fumes of, or vapour containing, a nitro- or amino- or chloro-derivative of benzene or nitrochlorbenzene.
23.
Poisoning by oxides of nitrogen
Exposure to oxides of nitrogen.
24.
Poisoning by phosphorus or an inorganic compound of phosphorus or poisoning due to the anticholinesterase or pseudo anticholinesterase action of organic phosphorus compounds
The use or handling of, or exposure to the fumes, dust or vapour of, phosphorus or a compound of phosphorus or a substance containing phosphorus.
25.
Poisoning by the toxic halogen derivatives of hydrocarbons of the aliphatic series
The use or handling of, or exposure to the fumes of, or vapour containing, toxic halogen derivatives of hydrocarbons of the aliphatic series.
26.
Poisoning by fluorine or its toxic compounds
Exposure to fluorine or its toxic compounds.
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.
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.
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.
30.
Latex allergy
Exposure to latex in respect of work in human healthcare.
D
Miscellaneous conditions
1.
Asthma which is due to exposure to any of the following agents:(
a
) animals or insects used for the purposes of research or education or in laboratories;
Exposure to any of the agents set out in the second column of this paragraph.
(
b
) dusts arising from the sowing or cultivation, harvesting, drying, handling, milling, transport or storage of, barley, oats, rye, wheat or maize, or the handling, milling, transport or storage of, meal or flour made therefrom;
(
c
) fumes or dusts arising from the manufacture or transport or use of, hardening agents (including epoxy resin curing agents) based on phthalic anhydride or tetrachlorophthalic anhydride, trimellitic anhydride or triethylenetetramine;
(
d
) fumes arising from the use of rosin as a soldering flux;
(
e
) isocyanates;
(
f
) platinum salts;
(
g
) proteolytic enzymes;
(
h
) red cedar wood dust;
(occupational asthma)
2.
Inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust or liquid or vapour
Exposure to dust or liquid or vapour.
3.
Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis due to ionizing particles or electro-magnetic radiations other than radiant heat)
Exposure to dust or liquid or vapour or any other external agent capable of irritating the skin (including friction or heat, but excluding ionizing particles or electro-magnetic radiations other than radiant heat).
PART 2
Nature of employment in respect of which Pneumoconiosis is prescribed
(A) Occupations to which articles 20(
b
)(i) and 24(2)(
b
)(ii) refer
56. (1) A claimant or beneficiary may nominate another person to receive payment of such benefit on his or her behalf and, subject to the consent of the Minister, such benefit may be payable to the person so nominated.
(2) Every nomination under sub-article (1)—
(
a
) shall be made to the Minister in the form for the time being approved by the Minister, and
(
b
) may be revoked by the claimant or beneficiary on giving notice in writing of that fact to the Minister.
(3) The Minister may, where he or she considers it appropriate, withdraw his or her consent to a nomination under sub-article (1) and in such case the person so nominated shall, on receipt of a notice of such withdrawal, deliver to the Minister the order book issued to him or her, if any.
Payable orders
57. (1) In the case of benefit payable by means of an order, the Minister shall cause arrangements to be made whereby, on furnishing such evidence as to identity and such other particulars as may be required, a claimant or beneficiary shall obtain a book of orders.
(2) A book of orders issued to any person shall remain the property of the Minister.
(3) Any person having a book of orders or any unpaid orders in respect of benefit or medical care payment shall at the request of an officer of the Minister, deliver such orders to such person as the officer may direct.
(4) A person who fails to comply with articles 55(1) or 56(3) or sub-article (3) of this article shall be guilty of an offence.
Extinguishment of right to payment
58. (1) Subject to sub-article (2), where benefit has been awarded and is in payment to a person, the right to any sum payable by way of the benefit shall be extinguished where payment of the benefit is not obtained within 6 months.
(2) Sub-article (1) shall not apply in respect of any benefit where a deciding officer or an appeals officer is satisfied that entitlement to the payment exists and where—
(
a
) the sum payable is not received within the time allowed in sub-article (1) due to the mental or other incapacity of the beneficiary or his or her approved agent, or
(
b
) in any other case where a deciding officer or appeals officer is satisfied that there was good cause for the delay in claiming the payment within the time allowed in sub-article (1).
Persons unable to act
59. (1) Where a claimant or beneficiary is
(
a
) unable for the time being to act, or
(
b
) under the age of 16 years,
the Minister may, subject to such conditions as he or she thinks fit, appoint some other person to exercise, on behalf of the claimant or beneficiary, any right or power which the claimant or beneficiary may be entitled to exercise under the Principal Act and any such person may receive and deal with any sum payable by way of benefit or medical care payment on behalf of the claimant or beneficiary.
(2) An appointment made under sub-article (1) shall terminate on the day on which the Minister receives notice that a Committee of the estate of the claimant or beneficiary has been appointed.
(3) Anything required to be done under the Principal Act by a claimant or beneficiary in relation to benefit or medical care payment may be done as respects a claimant or beneficiary who is unable to act by the person appointed under sub-article (1) to act on his or her behalf.
Payment to appointed persons generally
60. The Minister may, where it appears to him or her that the circumstances so warrant, appoint a person to receive and deal with, on behalf of a claimant or beneficiary so much of the benefit as is payable in respect of injury benefit or disablement pension by virtue of section 76.
Payment to appointed persons living together with the applicant
61. Notwithstanding article 60, in the case of a claimant or beneficiary who is living together with a person in respect of whom he or she is entitled to or in receipt of an increase of benefit, for a qualified adult, the Minister may, where the circumstances so warrant, appoint the qualified adult to receive and deal with on behalf of the claimant or beneficiary in respect of—
(
a
) injury benefit, so much of the benefit as is payable by virtue of section 76(2), together with one half of the benefit as is payable by virtue of sections 74(5) and 76(1),
(
b
) disablement pension, so much of the pension as is payable in respect of a qualified child or qualified children by virtue of section 76(2), together with one half of the aggregate sum of
(i) the increase of pension as is payable in respect of a qualified adult by virtue of section 76(1), and
(ii) the increase of pension as is payable on account of incapacity supplement by virtue of section 77(1).
Provisions relating to appointments
62. (1) In the case of an appointment made under articles 59, 60 and 61, the Minister may revoke an appointment and a person appointed may resign on giving 1 month’s notice of his or her intention to do so to the Minister.
(2) The receipt by a person appointed under articles 59, 60 and 61 for any amount payable by way of benefit or medical care shall be a good discharge by the Minister of any amount so paid.
CHAPTER 7
Payments on Death
Payments on death
63. In the case of any benefit including medical care payment, on the death of any claimant or beneficiary, the Minister may allow such person as he or she may think fit to proceed with or to make a claim for such benefit or medical care payment in the name of such claimant or beneficiary.
Distribution of sum payable on death
64. (1) On the death of a claimant or beneficiary, any sum payable in respect of any benefit may be paid or distributed by the Minister without probate or other proof of title of the personal representative of the deceased as follows—
(
a
) where the claimant or beneficiary died leaving a will or other testamentary writing, the said sum may be paid or distributed to or among such of the persons appearing to be beneficially entitled thereto under the said will or testamentary writing as the Minister thinks proper and that to the exclusion of all others, without prejudice to any remedy which such others may have for recovery of the sum so paid or distributed as aforesaid against the person or persons receiving that sum,
(
b
) where the claimant or beneficiary died intestate, the said sum may be paid or distributed to or among such persons as appear to the Minister to be beneficially entitled thereto, whether as next-of-kin or otherwise according to law or as creditors (including any person entitled to be paid or repaid the funeral expenses of the beneficiary) or to or among such of the said persons as the Minister thinks fit and that to the exclusion of all others.
(2) The receipt of any person of the age of 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Social Insurance Fund for the sum so paid.
(3) Where the Minister is satisfied that any sum or part thereof payable under this article is needed for the benefit of any person under the age of 16 years, he or she may obtain a good discharge therefor by paying the sum or part thereof to a person over that age who satisfies the Minister that he or she will apply the sum so paid for the benefit of the person under the age of 16 years.
(4) The Minister upon making any payment in accordance with this article shall be discharged from all liability in respect of any sum or sums so paid.
CHAPTER 8
Loss of Purchasing Power
Definitions
65. In this Chapter—
“arrears” means arrears of benefit due to a person in respect of the relevant period, having been reduced, where appropriate, in accordance with sections 204 or 247(11);
“benefit” means occupational injuries benefit, which shall comprise injury benefit, disablement benefit and death benefit;
“the Central Statistics Office” means the Central Statistics Office established by the
Statistics Act 1993
(No. 21 of 1993);
“the consumer price index” means the All Items Consumer Price Index Number supplied by the Central Statistics Office;
“the relevant period” means the period referred to in article 66(2);
“the present index”—
(
a
) for the purposes of article 67, means the last available consumer price index on the date on which the arrears are paid, and
(
b
) for the purposes of article 68, means the last available consumer price index on the date on which the payment in respect of the loss of purchasing power is paid;
“the inflation factor” means a figure calculated in accordance with the following formula
(present index / previous index) – 1;
“the previous index”—
(
a
) for the purposes of article 67(
a
), means the consumer price index appropriate to the end of the 12 month period or to the end of the period for which arrears are due if less than 12 months,
(
b
) for the purposes of article 67(
b
) and (
c
) means the consumer price index appropriate to each period for which a payment in respect of loss of purchasing power is being calculated, and
(
c
) for the purposes of article 68 means the consumer price index on the date arrears are paid.
Payment in respect of loss of purchasing power
66. (1) Payment in respect of the loss of purchasing power shall be made to a person who makes a claim for benefit (including any increase thereof) where—
(
a
) the payment of his or her claim is delayed for a period exceeding 12 months, and
(
b
) a deciding officer or an appeals officer, decides that the delay was due solely or mainly to circumstances within the control of the Department of Social and Family Affairs, and
(
c
) the person has not contributed to the delay.
(2) A payment under sub-article (1) shall be made in respect of such period as a deciding officer or an appeals officer decides that the delay continued, having regard to the facts of the case.
Calculation of amount
67. Payment to a person by virtue of article 66 shall be the sum of—
(
a
) an amount if any, calculated by multiplying the arrears due for the period of 12 months from the date of commencement of the relevant period by the inflation factor, plus
(
b
) an amount if any, calculated by multiplying the arrears due for each calendar quarterly period or part of a quarterly period thereafter, where the period occurs prior to 1 January 1997, by the inflation factor, plus
(
c
) an amount if any, calculated by multiplying the arrears due for each calendar month thereafter, where the period occurs on or after 1 January 1997, by the inflation factor.
Delay in issue of loss of purchasing power payment
68. In the case of a person to whom article 66 applies and to whom arrears have issued in advance of the payment in respect of the loss of purchasing power, the payment calculated in accordance with article 67, shall be increased, where appropriate, by the inflation factor.
Payment of an amount of costs
69. Where a person to whom article 66 applies has necessarily incurred incidental expenses as a result of the delay in payment of the benefit, he or she shall be entitled to a payment of the expenses in so far as they exceed €12.70 and subject to a maximum of €63.50 provided that he or she produces such evidence as may be required of such expenditure.
Rounding
70. The amount payable under this Chapter shall be rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and shall be rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
CHAPTER 9
Absence from State or imprisonment
Absence from State
71. (1) Notwithstanding section 249, a person who is absent from the State shall not be disqualified for receiving—
(
a
) death benefit (including any increases thereof), by reason only of the person being absent from the State,
(
b
) injury benefit (including any increase thereof) during such period as the Minister may allow, having regard to the circumstances of the case, if the absence is temporary and for the specific purpose of receiving treatment for incapacity which commenced before the person left the State,
(
c
) disablement benefit (other than any increase thereof) by reason only of the person being absent from the State,
(
d
) disablement pension by reason only of being absent from the State, including increases—
(i) under section 78 where constant attendance is required and the period of absence from the State does not exceed 6 months,
(ii) by way of incapacity supplement during such period as the Minister may allow having regard to the circumstances of the case if the absence is for the specific purpose of receiving treatment for incapacity which commenced before the person left the State or the absence is for a period in respect of which an increase is payable under section 78,
(iii) under section 76 in respect of a qualified child where the person is entitled to receive incapacity supplement.
(2) Funeral grant shall be payable in respect of a death occurring outside the State if the deceased, immediately before death was—
(
a
) employed in insurable (occupational injuries) employment, or
(
b
) entitled to and not disqualified for receiving injury benefit or disablement benefit.
(3) For the purposes of sub-article (2), a person shall be deemed to be entitled to injury benefit if he or she would, but for the failure to make a claim, have been so entitled.
Exception from disqualification during penal servitude, imprisonment or detention in legal custody
72. (1) (
a
) Section 249 shall not operate to disqualify a person for receiving any occupational injuries benefit (including, subject to paragraph (
b
), any increases thereof) in respect of any period during which the person is detained (other than in the case of a person found not guilty by reason of insanity under the provisions of the
Criminal Law (Insanity) Act 2006
(No. 11 of 2006)) in any institution for the treatment of mental illness or infectious disease.
(
b
) No increase in respect of a qualified child shall be payable to a person to whom paragraph (
a
) applies.
(2) (
a
) Subject to paragraph (
b
), a person shall not be disqualified for receiving disablement benefit (other than any increase thereof) for any period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody.
(
b
) The amount of disablement benefit payable by virtue of paragraph (
a
) by way of any disablement pension or pensions in respect of any period, other than a period in respect of which that person is excepted from disqualification by virtue of the provisions of sub-article (1), during which that person is and has continuously been undergoing penal servitude, imprisonment or detention in legal custody shall not exceed in the aggregate the amount of €3,000 or the total amount payable by way of such pension or all such pensions for a period of one year, whichever is the lesser amount.
(3) Subject to sub-article (1), section 249 shall not operate to disqualify a person undergoing a period of penal servitude, imprisonment or detention in legal custody—
(
a
) for receiving disablement benefit by way of gratuity, death benefit by way of orphan’s pension, widower’s gratuity or funeral grant,
(
b
) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof), if—
(i) the detention is in respect of his or her being charged with a criminal offence, and
(ii) the charge is subsequently withdrawn or he or she is acquitted of the offence, and
(iii) in the case of injury benefit or disablement benefit, immediately before the detention he or she was entitled to the said benefit or would, but for sections 74(2) or 75(3) have been so entitled,
(
c
) for receiving injury benefit, disablement benefit or death benefit (including any increase thereof) if, in a case of imprisonment, the imprisonment is undergone as the alternative to payment of a fine.
(4) Subject to sub-article (1), section 249 shall not operate to prohibit payment of an increase in respect of a qualified adult under section 76 for any period during which the qualified adult is undergoing detention in legal custody if—
(
a
) the detention is in respect of his or her being charged with a criminal offence, and
(
b
) the charge is subsequently withdrawn or he or she is acquitted of the offence.
(5) (
a
) Subject to paragraph (
b
) and notwithstanding that a person, by reason of undergoing a period of penal servitude, imprisonment or detention in legal custody is disqualified by virtue of section 249 for receiving injury benefit or disablement pension which includes an increase in respect of a qualified adult or qualified child under section 76, or death benefit which includes an increase in respect of a qualified child under section 81, the increase shall be paid to any person appointed by the Minister to receive and deal with any sums payable on account of such increase for the benefit of the person or persons in respect of whom the increase is payable, and the receipt of any person so appointed shall be a good discharge to the Minister for any sum so paid.
(
b
) In the case of injury benefit or disablement pension, paragraph (
a
) shall apply only where the said person is a person detained in an institution for the treatment of mental illness or is a person who was entitled to such benefit or pension immediately before the commencement of any such period, or would, but for sections 74(2) or 75(3) have been so entitled.
Suspension of payment of benefit during penal servitude, imprisonment or detention in legal custody
73. (1) Subject to articles 72(1) and (5) and sub-article (2) of this article, the payment to any person of any occupational injuries benefit or increase of that benefit —
(
a
) which is excepted from the provisions of section 249 by virtue of the provisions of article 72, or
(
b
) which is payable otherwise than in respect of a period during which he or she is undergoing penal servitude, imprisonment or detention in legal custody,
shall be suspended while that person, or, in the case of an increase, the person in respect of whom the increase is payable, is undergoing penal servitude, imprisonment or detention in legal custody.
(2) Injury benefit, disablement benefit or death benefit to which sub-article (1) applies may be paid during any such period to any person appointed by the Minister to receive and deal with any sums payable on behalf of the beneficiary on account of that benefit, and the receipt of any person so appointed shall be a good discharge to the Minister and the Social Insurance Fund for any sum so paid.
(3) Where by virtue of sub-article (1) payment of disablement pension or death benefit by way of pension, is suspended for any period, the period of suspension shall not be taken into account in calculating any period under article 58.
CHAPTER 10
Funeral Grant
Claims and payments arrangements for funeral grants
74. (1) Article 64 shall not apply to funeral grant.
(2) A claim for funeral grant may be made by the personal representative of the deceased or, where there is no personal representative, by the husband or wife or any of the next-of-kin of the deceased or by any other person claiming to be entitled thereto.
(3) In any case where the deceased dies intestate, there is no known husband, wife or next-of-kin and the funeral expenses amount to less than the amount specified in section 84(1), the reference therein to the amount of death benefit payable by way of grant shall be construed as a reference to the amount of the funeral expenses.
(4) Any sum payable in respect of a funeral grant may be paid, without probate or other proof of title of the personal representative of the deceased, by the Minister to such person as appears to him or her to be entitled thereto as being beneficially entitled thereto under any testamentary instrument or as husband or wife or as next-of-kin, or as being a creditor of the deceased person.
(5) The receipt of any person of age 16 years or upwards for any sum paid in accordance with this article shall be a good discharge to the Minister and the Social Insurance Fund for the sum so paid.
(6) The Minister, upon making a payment in accordance with this article, shall be discharged from all liability in respect of any sum so paid but such payment shall be without prejudice to the right which any person may have in respect of any sum so paid against any person receiving that sum.
CHAPTER 11
Disqualifications
Disqualifications for injury benefit or disablement benefit
75. (1) A person shall be disqualified for receiving injury benefit or disablement benefit (including any increase thereof) for such period not exceeding 9 weeks as may be determined under the provisions of the Principal Act if he or she fails without good cause—
(
a
) to attend for, or to submit to, medical examination in accordance with sub-article (4),
(
b
) to submit to such medical treatment for the injury or loss of faculty as a result of which injury benefit or disablement benefit is claimed by or is payable to him or her, as is considered appropriate in his or her case by the registered medical practitioner in charge of the case or by a registered medical practitioner to whose examination the person has submitted in accordance with this article (provided that he or she shall not be disqualified for receiving injury benefit or disablement benefit for refusal to undergo a surgical operation not being one of a minor character).
(2) A person shall be disqualified for receiving injury benefit or an increase of disablement benefit by way of incapacity supplement for such period not exceeding 9 weeks as may be determined under the Act if he or she fails without good cause—
(
a
) to comply with any instructions relating to his or her incapacity issued by a registered medical practitioner attending on him or her or whom he or she attended for medical or other examination,
(
b
) to refrain from behaviour which is likely to hinder his or her recovery,
(
c
) to see an officer of the Minister and to answer any reasonable enquiries by any such officer relating to his of her claim.
(3) In any case to which sub-article (1) or sub-article (2) applies, proceedings on the claim for or the payment of injury benefit, disablement benefit, or an increase of disablement benefit by way of incapacity supplement, as the case may be, may be suspended for such period as may be determined under the provisions of the Principal Act.
(4) (
a
) An officer of the Minister may, on giving not less than 7 days notice in writing, require any person who claims or is entitled to injury benefit or disablement benefit to submit himself or herself to medical examination at such time and place as may be specified in the notice.
(
b
) Notice of the time and place of the examination referred to in paragraph (
a
), where such examination is of a person claiming or entitled to injury benefit or an increase of disablement benefit in respect of incapacity for work, shall also be sent to the registered medical practitioner in attendance on the person required to submit to such examination.
(
c
) Any reasonable and necessary travelling and other expenses (including, in the case of a person claiming or entitled to disablement benefit or an increase thereof, compensation for loss of remunerative time) incurred by a person in attending for, or submitting to, examination under paragraph (
a
) shall be paid by the Minister, who shall determine in any particular case what is a reasonable and necessary amount of expenses.
(5) A person may, with the prior written permission of an officer of the Minister and for a specified period of time undertake—
(
a
) work which is part-time and by way of rehabilitation or occupational therapy,
(
b
) where the person has become incapable of following his or her usual occupation a course of training with a view to fitting himself or herself to take up some other occupation.
(6) A person, claiming or in receipt of injury benefit, may engage in the following limited work without prior written permission or specified period of time—
(
a
) light work for which no remuneration is or would normally be payable,
(
b
) work undertaken primarily as a part of his or her treatment while he or she is a patient in, or of, a hospital, sanatorium, or other similar institution and his or her weekly earnings in respect of that work do not exceed €50,
(
c
) work under a scheme which is, in the opinion of the Minister, charitable in character and purpose and his or her weekly earnings in respect of that work do not exceed €50.
(7) A person, claiming or in receipt of an increase of disablement pension by way of incapacity supplement, shall do no work unless it be work in respect of which his or her earnings do not, on the average, exceed €33 a week.
Article 7
SCHEDULE 1 Weekly Rates of Injury Benefit Payable to Persons under the Age of 16 Years
Weekly Rate
(1)
(2)
€
(
a
) Where the relevant employment (if more than one) the relevant employments were, or amounted in the aggregate to, full-time employment or substantially full-time employment
185.80
(
b
) In any other case
88.90
Article 8
SCHEDULE 2 Prescribed Degree of Disablement
Description of Injury
Degree of Disablement
Per cent.
(1)
(2)