What is the current situation regarding surface-only workers?
This group is not eligible for compensation under the current scheme. This position was originally based upon expert medical advice on surface dust levels, recorded by the Institute of Occupational Medicine (IOM). It indicated that although there were dusty conditions on the surface, there was insufficient respirable dust to cause respiratory disease, even over a whole working lifetime. The Department then agreed to carry out a joint study of the effects of surface dust, to be analysed by the parties’ respective medical experts. This agreed with the original IOM conclusion.
This group was not eligible for compensation under the COPD scheme. This was due to expert medical advice on surface dust levels, recorded by the Institute of Occupational Medicine (IOM). It indicated that although there were dusty conditions on the surface, there was insufficient respirable dust to cause respiratory disease, even over a whole working lifetime. The Department then agreed to carry out a joint study of the effects of surface dust, to be analysed by the parties’ respective medical experts. This agreed with the original IOM conclusion. Having considered all the information available, the Department’s medical advice was that it would be inappropriate to admit surface-only workers as a group to the Claims Handling Agreement and the Medical Assessment Process for COPD. The claimants’ solicitors disputed the Department’s position for some time and considered issuing court proceedings against the Department in respect of surface-only workers. To ensure clarity on this issue, th
