What is the current situation regarding surface only workers?
The Department’s position on surface only workers is that this group are 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 engage in a joint study of the effects of surface dust to be analysed by the parties’ respective medical experts, which 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 th
