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IIAC Press Release - 21 November 2007

CHANGES TO THE SCHEDULE OF PRESCRIBED DISEASES. Chronic obstructive pulmonary disease (COPD) - Chronic bronchitis and emphysema

Lord McKenzie of Luton today announced publication of the Industrial Injuries Advisory Council's (IIAC) Command paper on, Chronic obstructive pulmonary disease (COPD) - Chronic bronchitis and emphysema.

IIAC recommends that the prescription for prescribed disease (PD) D12 (chronic bronchitis and emphysema) should be extended to include exposure to coal dust during screen work at the surface of a coal mine, for a period of at least 40 years in aggregate, for exposures before 1983.

Lord McKenzie of Luton thanked the Council for its report and is considering the recommendations.

Notes to editors

  1. Role of the Industrial Injuries Advisory Council
  2. The Industrial Injuries Advisory Council (IIAC) is an independent statutory body which advises the Secretary of State for Work and Pensions on the Industrial Injuries Disablement Benefit (IIDB) scheme which provides weekly compensation for people injured at work because of industrial accidents and prescribed diseases. The majority of the Council's time is spent considering whether the list of prescribed diseases for which benefit may be paid should be enlarged or amended. The Council's Research Working Group meets quarterly to review new scientific evidence about diseases which they are monitoring and other diseases where new evidence of a possible occupational link requires consideration. The Council's Reports are made to the Secretary of State who lays them before Parliament. Regulations leading to changes are then submitted to the Council for their consideration before being laid before Parliament.
  3. The full list of Prescribed Diseases for which IIDB is payable is available on the IIAC website
  4. Composition of the Council:
    The Council currently has 16 members including the chairman. It consists of medical specialists, epidemiologists, and legal experts, and, by statute, an equal number of employers' and employees' representatives (currently 4 each). Appointments are made to the Council by the Secretary of State following an open selection procedure under the guidance of the Office of the Commissioner for public Appointments.
  5. The Council's remit:
    The Council has three roles:
    • to advise on the prescription of industrial diseases
    • to advise on Regulations under the Social Security Administration Act 1992 and the Contributions and Benefits Act 1992
    • to advise on the Industrial Injuries Benefit scheme itself.
  6. Legal requirements for prescription of diseases
    The Social Security Contributions and Benefits Act 1992 states that the Secretary of State may prescribe a disease where he is satisfied that the disease:
    1. ought to be treated, having regard to its causes and incidence and any other relevant considerations, as a risk of the occupation and not as a risk common to all persons; and
    2. is such that, in the absence of special circumstances, the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
  7. In other words, a disease may only be prescribed if there is a recognised risk to workers in an occupation, and the link between disease and occupation can be established or reasonably presumed in individual cases. The Council looks for a workable definition of the disease and a practical way in which demonstrate in the individual case that the disease can be attributed to occupational exposure with reasonable confidence. There are two ways in which a disease can be attributed to occupation with reasonable confidence – clinical features or epidemiological evidence of a doubling of risk. Clinical features of a disease may allow attribution to occupation in some cases, e.g. an employee’s dermatitis may improve when they are away from work. In the case of doubling of risk, the Council looks for epidemiological evidence that the disease is twice as likely to occur in that occupation compared to the general population. The Council makes decisions based on robust evidence, typically from different sources and with a sound scientific basis.

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