Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017


Tasmanian Crest
Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017

The WorkCover Tasmania Board makes the following notice under section 26(1) of the Workers Rehabilitation and Compensation Act 1988 .

1.   Short title

This notice may be cited as the Workers Rehabilitation and Compensation (Deemed Diseases) Notice 2017 .

2.   Commencement

This notice takes effect on the day on which the Workers Rehabilitation and Compensation Amendment Act 2017 commences.

3.   Interpretation

(1)  In this notice –
Act means the Workers Rehabilitation and Compensation Act 1988 ;
occupational asthma includes immunologically mediated asthma;
Safe Work Australia has the same meaning as in section 26 of the Act.
(2)  The Acts Interpretation Act 1931 applies to the interpretation of this notice as if it were rules.

4.   Presumption as to cause of disease

(1)  An occupation, or exposure, specified in column 2 of an item of a table in Schedule 1 is specified, for the purposes of section 26(3) of the Act, to be presumed to contribute to a substantial degree to the disease specified in column 1 of that item of that table.
(2)  Unless the contrary intention appears, the Deemed Diseases in Australia report, published in August 2015 by Safe Work Australia, may be used in the interpretation of an occupation, exposure or disease specified in Schedule 1 .
SCHEDULE 1 - Diseases where there is a presumption as to cause

Clause 4

PART 1 - Infectious diseases
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Anthrax

Occupations involving work with animals or animal carcasses (including, but not limited to, animal handlers, pelt handlers, abattoir workers and meat inspectors).

2. 

Brucellosis

Occupations involving work with animals or animal carcasses (including, but not limited to, veterinarians, farmers or farm workers, abattoir workers and laboratory workers).

3. 

Hepatitis A

Occupations involving contact with human waste (including, but not limited to, child care workers, carers of intellectually disabled persons, workers in rural or remote Indigenous communities, sewage workers and plumbers).

4. 

Hepatitis B or C

Occupations involving contact with human bodily secretions (including, but not limited to, health care workers, embalmers, persons who handle body substances, clinical laboratory staff, workers in long-term correctional facilities, members of the police service, members of the armed forces and emergency services workers).

5. 

HIV/AIDS

Health care workers or laboratory workers if the worker has become HIV positive after a needle-stick injury that occurs while at work.

6. 

Leptospirosis

Occupations involving –

  

(a) work with animals or animal carcasses (including, but not limited to, farmers or farm workers, abattoir workers, forestry workers, hunters, veterinarians and livestock transport operators); or

  

(b) work with animal or human waste (including, but not limited to, plumbers).

7. 

Orf

Occupations involving work with sheep, goats or sheep or goat carcasses (including, but not limited to, sheep farmers or farm workers, goat farmers or farm workers, abattoir workers and meat inspectors).

8. 

Q-fever

Occupations involving contact with animals or animal parts in a rural setting (including, but not limited to, abattoir workers, stock workers, livestock transport operators, shearers, hide processors, farmers and veterinarians).

9. 

Tuberculosis

Occupations –

  

(a) involving contact with persons or animals in situations where the prevalence of tuberculosis is likely to be significantly higher than the general community (including, but not limited to, health workers, clinical laboratory workers, funeral parlour staff, farmers and veterinarians); or

  

(b) that have resulted in the worker being diagnosed with silicosis, if that occupation is presumed under the Act to have contributed to the silicosis.

PART 2 - Cancers
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Salivary gland cancer

Exposure to ionizing radiation.

2. 

Nasopharynx cancer

Exposure to formaldehyde or wood dust.

3. 

Oesophagus cancer

Exposure to ionizing radiation.

4. 

Stomach cancer

Exposure to ionizing radiation.

5. 

Colon, or rectum, cancer

Exposure to ionizing radiation.

6. 

Liver cancer

Exposure to –

  

(a) hepatitis B or hepatitis C; or

  

(b) vinyl chloride monomer.

7. 

Nasal cavity, or paranasal sinuses, cancer

Exposure to ionizing radiation, leather dust, wood dust or nickel.

8. 

Lung cancer

Exposure to arsenic, asbestos, beryllium, bis(chloromethyl) ether, cadmium, chromium VI, diesel engine exhaust, environmental tobacco smoke, ionizing radiation, nickel, polycyclic aromatic hydrocarbons (including coal gasification, coal tar pitch and coke production), Radon-222 and its decay products, silica dust (crystalline) or soot (chimney sweeping).

9. 

Bone cancer

Exposure to ionizing radiation.

10. 

Skin cancer – melanoma

Exposure to solar radiation or polychlorinated biphenyls.

11. 

Skin cancer – non-melanoma

Exposure to ionizing radiation, solar radiation or polycyclic aromatic hydrocarbons (including topical exposure from coal tar distillation, coal tar pitch, mineral oils whether untreated or mildly treated, shale oils or soot (chimney sweeping)).

12. 

Breast cancer (female)

Exposure to ionizing radiation.

13. 

Kidney cancer

Exposure to ionizing radiation or tricholoroethylene.

14. 

Bladder cancer

Exposure to –

  

(a) 2-naphthylamine, benzidine, cyclophosphamide, ionizing radiation or ortho-toluidine; or

  

(b) polycyclic aromatic hydrocarbons during aluminium production.

15. 

Brain cancer

Exposure to ionizing radiation.

16. 

Thyroid cancer

Exposure to ionizing radiation.

17. 

Leukaemia (other than chronic lymphatic leukaemia)

Exposure to –

  

(a) benzene, butadiene, cyclophosphamide, formaldehyde or ionizing radiation.

  

(b) hepatitis C.

18. 

Non-Hodgkin's lymphoma

Exposure to ionizing radiation.

PART 3 - Diseases of the nervous system
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Parkinson's disease

Exposure to manganese.

2. 

Peripheral neuropathy

Exposure to –

  

(a) metals such as lead, mercury and arsenic; or

  

(b) organic solvents such as n-hexane, carbon disulphide and trichloroethylene; or

  

(c) pesticides such as organophosphates; or

  

(d) acrylamide.

PART 4 - Respiratory diseases
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Occupational asthma other than pre-existing asthma

Exposure to sensitising agents or irritants (including, but not limited to, arthropods or mites, biological enzymes, bioaerosols, products derived from fish/shellfish/animal, flour, sensitising foods, flowers, latex, wood dusts, soldering, reactive dyes, anhydrides, acrylates, epoxy, ethylene oxide, aldehydes, pesticides, amines, ammonia, industrial cleaning agents, acids, isocyanates, other reactive chemicals, sensitising metals and sensitising drugs).

2. 

Coal workers' pneumoconiosis

Exposure to coal.

3. 

Other forms of pneumoconiosis

Exposure to known causes of pneumoconiosis (including, but not limited to, beryllium, tin, iron oxide, barium, aluminium, cobalt and tungsten).

4. 

Silicosis

Exposure to silica.

5. 

Byssinosis

Exposure to cotton, flax, hemp or sisal dust.

6. 

Extrinsic allergic alveolitis

Exposure to damp material of biological origin (including, but not limited to, mouldy hay, straw, grain and feathers).

PART 5 - Hepatic diseases
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Non-infectious hepatitis

Exposure to agents known to cause hepatitis (including, but not limited to, organic solvents).

2. 

Chronic active hepatitis

Occupations that have resulted in the worker being diagnosed with hepatitis B, or hepatitis C, if that occupation is presumed under the Act to have contributed to the hepatitis.

3. 

Hepatic cirrhosis

Occupations that have resulted in the worker being diagnosed with hepatitis B, or hepatitis C, if that occupation is presumed under the Act to have contributed to the hepatitis.

PART 6 - Skin diseases
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Contact dermatitis – irritant or allergenic

Exposure to sensitising agents or irritants (including, but not limited to, alcohols, cutting fluids, degreasers, disinfectants, petroleum products, soaps and cleaners, solvents, wet work, chromates, cobalt, cosmetics and fragrances, epoxy resin, latex, nickel, plants, preservatives, resins and acrylics).

2. 

Occupational vitiligo

Exposure to para-tertiary-butylphenol, para-tertiary-butylcatechol, para-amylphenol, hydroquinone or the monobenzyl, or monobutyl, ether of hydroquinone.

PART 7 - Musculoskeletal diseases
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Raynaud's disease

Occupations involving vibrations from powered tools or equipment.

2. 

Bursitis of the knee or elbow

Occupations involving prolonged external friction, pressure or repetitive motion at, or about, the elbow or knee.

PART 8 - Poisoning or toxicity
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Acute poisoning or toxicity (including acute damage to the heart, lungs, liver, kidney, nervous system and blood)

Exposure to acrylonitrile, alcohols, antimony, arsenic, benzene, beryllium, cadmium, carbon disulphide, chromium, copper, fluorine, alcohol, glycols, ketones, hexane, lead, manganese, mercury, mineral acids, nitroglycerine (or other nitric acid esters), osmium, oxides of nitrogen, ozone, pesticides (including, but not limited to, organophosphate and organochlorine compounds, herbicides, and related compounds), pharmaceutical agents, phosgene, phosphorus, selenium, styrene, thallium, tin, toluene, vanadium, zinc, chemical asphyxiants (including, but not limited to, carbon monoxide, hydrogen cyanide, hydrogen sulphide and methylene chloride), irritants (including, but not limited to, benzoquinone and other corneal irritants), toxic halogen derivatives, aliphatic or aromatic hydrocarbons or toxic nitro-derivatives and amino-derivatives of benzene (and other less common substances not specifically included here).

PART 9 - Other disease
 

Column 1

Disease

Column 2

Exposure or occupation

1. 

Nystagmus

Occupations involving working in or about an active mining area.

2. 

Compressed air illness – including avascular necrosis

Exposure to increased or reduced atmospheric pressure (including, but not limited to, working underground or underwater and working at high altitude).

This notice was made by the WorkCover Tasmania Board on 19 December 2017.

BRADLEY W. PARKER

Secretary

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2017