Policy
Primary lung cancer in DOFASCO and certain other foundry workers is accepted as an occupational disease under sections 2(1) and 15 of the Workplace Safety and Insurance Act, as peculiar to and characteristic of a process, trade or occupation involving exposure to foundry aerosols within a foundry unit. Back to top
Guidelines
Entitlement criteria
Based on medical studies, a review of past foundry conditions, and analysis of claims reported to the WSIB, cases of primary lung cancer are considered when the following appropriate combinations of circumstances regarding exposure, latency, and cessation factors apply
- 10 years minimum exposure within the designated DOFASCO foundry unit prior to 1956 with 20 years minimum inception (latent period between the first exposure and the diagnosis of primary lung cancer),
OR
- 20 years of minimum exposure within any ferrous foundry unit, including DOFASCO, (except as stated above), where the following conditions prevail:
- predominant use of sand moulds
- "floor pouring" of castings
- evidence that ventilation has been less than satisfactory as determined by a review of records of the Ministry of Labour surveys (for silica) and/or historical data,
AND
The cessation interval (time between cessation of occupational risk and appearance of lung cancer) is
- 15 years or less in a smoker,
OR
- 20 years or less in an ex-smoker or a confirmed non-smoker.
Definitions
Non-smoker -- A person who has never smoked, even occasionally.
Ex-smoker -- A person who has smoked during his/her lifetime but who has not smoked for the past 10 or more years.
Smoker -- A person who currently smokes, or who has ceased smoking for less than the previous 10 years.
Exceptions
Claims which do not meet these criteria, including those from nonferrous foundries will be individually judged on their merits, taking into consideration the variations in intensity and duration of exposure.
Application date
This policy applies to all accidents. Benefits are payable from the date of the accident, which is the date of the diagnosis, or the first date that related symptoms are medically documented, whichever is earlier.
Document history
This document replaces 04-04-07.Back to top
References
Legislative authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 15, 119
Minute
Board of Directors
#8(XIX), June 10, 2004, Page 6619 |