(1)
Subject to the provisions of this Chapter, an employee shall be entitled to
the compensation provided for and prescribed in this Act if it is proved to
the satisfaction of the Director-General -
(a) that the employee has contracted a disease mentioned in the first
column of Schedule 3 and that such disease has arisen out of and in the
course of his or her employment; or
(b) that the employee has contracted a disease other than a disease
contemplated in paragraph (a) and that such disease has arisen out of and in
the course of his or her employment.
(2) If an employee has contracted a disease referred to in subsection (1)
and the Director-General is of the opinion that the recovery of the employee
is being delayed or that his temporary total disablement is being prolonged
by reason of some other disease of which the employee is suffering, he may
approve medical aid also for such other disease for so long as he may deem
it necessary.
(3) If an employee has contracted a disease referred to in subsection (1)
resulting in permanent disablement and that disease is aggravated by some
other disease, the Director-General may in determining the degree of
permanent disablement have regard to the effect of such other disease.
(4) Subject to section 66, a right to benefits in terms of this Chapter
shall lapse if any disease referred to in subsection (1) is not brought to
the attention of the commissioner or the employer or mutual association
concerned, as the case may be, within 12 months from the commencement of
that disease.
(5) For the purposes of this Act the commencement of a disease referred
to subsection (1) shall be deemed to be the date on which a medical
practitioner diagnosed that disease for the first time or such earlier date
as the commissioner may determine if it is more favourable to the employee.
(6) The provisions of this Act regarding an accident shall apply mutatis
mutandis to a disease referred to in subsection (1), except where such
provisions are clearly inappropriate.
66. Presumption regarding cause of occupational
disease.
If an employee who has contracted an occupational disease was employed in
any work mentioned in Schedule 3 in respect of that disease, it shall be
presumed, unless the contrary is proved, that such disease arose out of and
in the worse of his employment.
68. Notice of occupational disease by employee and
employer.
(1) An employee shall as soon as possible after the commencement of a
disease referred to in section 65(1) give written notice thereof to his
employer or to the employer where he was last employed, and he may also give
written notice of the said disease in the prescribed manner to the
commissioner.
(2) An employer shall within 14 days after having so received notice or
having learned in some other way that an employee has contracted a disease
referred to in section 65 (l), report such disease in the prescribed manner
to the commissioner or mutual association concerned, as the case may be,
irrespective of whether he may be of the opinion that the employee did not
contract such disease in his employ or in the employ of a previous employer.
(3) An employer who fails to comply with subsection (2) shall be guilty
of an offence.
Schedule 3
A. LIST OF OCCUPATIONAL DISEASES
1. DISEASES CAUSED BY AGENTS
1.1. Diseases caused by chemical agents.
1.1.1. Diseases caused by beryllium or its toxic compounds
1.1.2. Diseases caused by cadmium or its toxic compounds
1.1.3. Diseases caused by phosphorus or its toxic compounds
1.1.4. Diseases caused by chromium or its toxic compounds
1.1.5. Diseases caused by manganese or its toxic compounds
1.1.6. Diseases caused by arsenic or its toxic compounds
1.1.7. Diseases caused by mercury or its toxic compounds
1.1.8. Diseases caused by lead or its toxic compounds
1.1.9. Diseases caused by fluorine or its toxic compounds
1.1.10. Diseases caused by carbon disulphide
1.1.11. Diseases caused by the toxic halogen derivatives of aliphatic or
aromatic hydrocarbons
1.1.12. Diseases caused by benzene or its toxic homologues
1.1.13. Diseases caused by toxic nitro- and amino-derivatives of benzene
or its homologues
1.1.14. Diseases caused by nitroglycerine or other nitric acid esters
1.1.15. Diseases caused by alcohols, glycols or ketones
1.1.16. Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide
or its toxic derivatives, hydrogen sulphide
1.1.17. Diseases caused by acrylonitrile
1.1.18. Diseases caused by oxides of nitrogen
1.1.19. Diseases caused by vanadium or its toxic compounds
1.1.20. Diseases caused by antimony or its toxic compounds
1.1.21. Diseases caused by hexane
1.1.22. Diseases of teeth caused by mineral acids
1.1.23. Diseases caused by pharmaceutical agents
1.1.24. Diseases caused by thallium or its compounds
1.1.25. Diseases caused by osmium or its compounds
1.1.26. Diseases caused by selenium or its compounds
1.1.27. Diseases caused by copper or its compounds
1.1.28. Diseases caused by tin or its compounds
1.1.29. Diseases caused by zinc or its compounds
1.1.30. Diseases caused by ozone, phosgene
1.1.31. Diseases caused by benzoquinone
1.1.32. Diseases caused by chlorine
1.1.33. Diseases caused by pesticides and/or herbicides
1.1.34. Diseases caused by oxides of sulphur
1.2 Diseases caused by physical agents.
1.2.1. Hearing impairment caused by noise
1.2.2. Diseases caused by vibration (disorders of muscles, tendons,
bones, joints, peripheral blood vessels or peripheral nerves)
1.2.3. Diseases caused by work in compressed air / abnormal atmospheric
or water pressure
1.2.4. Diseases caused by ionizing radiations
1.2.5. Diseases caused by extreme temperatures (cold and hot)
1.2.6. Diseases caused by ultraviolet radiation
1.3. Diseases caused by biological agents.
1.3.1 Infectious or parasitic diseases
contracted in an occupation where there is a particular risk of
contamination.
1.3.2 Toxic/inflammatory syndromes (inhalation fever, toxic pneumonitis,
organic dust toxic syndrome) associated with exposure to bacterial and
fungal contaminants (endotoxin, mycotoxins, (1->3)-B-D-glucans, volatile
organic compounds).
2. DISEASES BY TARGET ORGAN SYSTEMS
2.1 Occupational respiratory diseases.
2.1.1 Pneumoconiosis-fibrosis of the parenchyma of the lung caused by
fibrogenic dust
2.1.2 Pleural thickening caused by asbestos dust exposure
2.1.3 Silicotuberculosis
2.1.4 Bronchopulmonary diseases caused by hard-metal dust
2.1.5 Bronchopulmonary diseases caused by cotton, flax, hemp or sisal
dust (byssinosis)
2.1.6 Occupational asthma caused by one of the following recognized
sensitising agents or irritants inherent to the work process:
2.1.6.1 isocyanates
2.1.6.2 platinum, nickel, cobalt, vanadium or chromium salts
2.1.6.3 hardening agents, including epoxy resins
2.1.6.4 acrylic acids or derived aerylates
2.1.6.5 soldering or welding fumes
2.1.6.6 substances from animals or insects
2.1.6.7 fungi or spores
2.1.6.8 proteolytic enzymes
2.1.6.9 organic dust
2.1.6.10 vapours or fumes of formaldehyde, anhydrides, amines
2.1.6.11 latex
2.1.7 Extrinsic allergic alveolitis caused by the inhalation of the
following organic dusts and chemicals inherent to the work process: moulds,
fungal spores or any other allergenic proteinaceous material, 2,4 toluene-di-isocyanates
2.1.8 Siderosis
2.1.9 Chronic obstructive pulmonary diseases
2.1.10 Diseases of the lung caused by aluminium
2.1.11 Upper airways disorders caused by recognized sensitising agents or
irritants inherent to the work process
2.1.12 Diseases caused by chronic or repetitive exposure to products of
combustion
2.2 Occupational skin diseases.
2.2.1 Allergic or irritant contact dermatitis caused by physical,
chemical or biological agents
2.2.2 Occupational vitiligo
2.3. Occupational musculo-skeletal disorders.
2.3.1 Musculo-skeletal diseases caused by specific work activities or
work environment where particular risk factors are present. Examples of such
activities or environment include:
a. rapid or repetitive motion
b. forceful exertion
c. excessive mechanical force concentration.
d. awkward or non-neutral postures
e. vibration
3. OCCUPATIONAL CANCER
3.1. Cancer caused by the following agents.
3.1.1 Asbestos
3.1.2 Benzidine and its salts
3.1.3 Bis chloromethyl ether (BCME)
3.1.4 Chromium and chromium compounds
3.1.5 Coal tars, coal tar pitches or soots
3.1.6 Beta-naphthylamine
3.1.7 Vinyl chloride
3.1.8 B enzene or its toxic homologues
3.1.9 Toxic nitro- and amino-derivatives of benzene or its homologues
3.1.10 Ionizing radiations
3.1.11 Tar, pitch, bitumen, mineral oil, anthracene, or the compounds,
products or residues of these substances
3.1.12 Coke oven emissions
3.1.13 Compounds of nickel
3.1.14 Wood dust
3.1.15 Crystalline silica
3.1.16 Mycotoxins
3.1.17 Arsenic
