The Social Security (Industrial Injuries) (Miscellaneous Amendments) Regulations 1997

Amendment of Schedule 1 to the Prescribed Diseases Regulations

6.—(1) Part I of Schedule 1 to the Prescribed Diseases Regulations (list of prescribed diseases and the occupations for which they are prescribed), shall be amended in accordance with the following paragraphs of this regulation.

(2) In column 2 for the entry relating to disease D3 (diffuse mesothelioma) there shall be substituted the following entry—

• “Exposure to asbestos, asbestos dust or any admixture of asbestos at a level above that commonly found in the environment at large.”.

(3) In column 1 of the entry relating to disease D8 (primary carcinoma of the lung etc.) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

“(b) unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which—

(i) in the case of unilateral diffuse pleural thickening, covers 50% or more of the area of the chest wall of the lung affected; or

(ii) in the case of bilateral diffuse pleural thickening, covers 25% or more of the combined area of the chest wall of both lungs.”.

(4) In column 1 for the entry relating to disease D9 (bilateral diffuse pleural thickening) there shall be substituted the following entry—

“D9.   Unilateral or bilateral diffuse pleural thickening extending to a thickness of 5mm or more at any point within the area affected as measured by a plain chest radiograph (not being a computerised tomography scan or other form of imaging) which—

(i) in the case of unilateral diffuse pleural thickening, covers 50% or more of the area of the chest wall of the lung affected; or

(ii) in the case of bilateral diffuse pleural thickening, covers 25% or more of the combined area of the chest wall of both lungs.”.

(5) For the entry relating to disease D12 (chronic bronchitis and emphysema) there shall be substituted the following entry—

“D12.   Except in the circumstances specified in regulation 2(d)— (a) chronic bronchitis; or (b) emphysema; or (c) both, where there is accompanying evidence of a forced expiratory volume in one second (measured from the position of maximum inspiration with the claimant making maximum effort) which is— (i) at least one litre below the mean value predicted in accordance with “Lung Function: Assessment and Application in Medicine” by J E Cotes, 5th Edition 1994 published at Oxford by Blackwell Scientific Publications Limited (ISBN 0-632-03926-9) for a person of the claimant’s age, height and sex; or (ii) less than one litre.

Exposure to coal dust by reason of working underground in a coal mine for a period or periods amounting in aggregate to at least 20 years (whether before or after 5th July 1948) and any such period or periods shall include a period or periods of incapacity while engaged in such an occupation.”.