Block 5: Silicosis and Coal Workers’ Pneumoconiosis - Legislation
 

PREVENTION OF PEUMOCONIOSIS:

There are two statutes which are concerned with prevention of pneumoconiosis and establish P.E.L. for silica and coal dust:

COMPENSATION OF SILICOSIS, CWP AND RELATED AIRWAYS DISEASE:

There are two statutes that regulate compensation:

Table 1: Occupational Diseases in Mines and Works Act
Guide to severity of mineral dust disease that may be compensable in terms of ODMWA (2002)
Following silica exposure Following coal dust exposure Following asbestos exposure
Pneumoconiosis:
Profusion 1/1 with a lung function test showing moderate or severe abnormality; or Profusion 2/2 or PMF.

COPD with a lung function test showing moderate or severe abnormality.

Progressive systemic sclerosis.		 Pneumoconiosis:
Profusion 1/1 with a lung function test showing moderate or severe abnormality; or Profusion 2/2 or PMF.

COPD with a lung function test showing moderate or severe abnormality.		 Pneumoconiosis:
Profusion 1/1 of s,t, or u type of irregular opacities.

Pleural disease greater than 5 mm wide and extending for half or more of the length of the lateral chest wall; with a lung function test showing moderate or severe abnormality.

Primary lung cancer.
Mesothelioma.

Table 2: Occupational Diseases in Mines and Works Act
Certification criteria used by the MBOD Certification Committee and their implications (2002)
Certification Percentage of disability Compensation Monitoring
NCD (No Compensable Disease) < 10% None Every 2 years or when significant deterioration is found by his/her medical doctor. NB. Monitoring is for life until death or second degree.
First degree 10 - < 40% Yes. The minimum compensation paid is R12 922 and maximum R36 156. It is salary based and the maximum salary allowed in the calculations is R2 300 per month. Until death or second degree.
Second degree > 40% Yes. Minimum compensation is R28 773 and maximum R80 509, if not previously compensated. For upgrading from first degree, it is R15 851 minimum and R44 353 maximum. No further monitoring by the MBOD. The person gets monitored, if at all, through public health services. If diagnosed at the time of employment, the employer pays for medical treatment for the first two years.

Table 3: Compensation of Occupational Injuries and Diseases Act.
  • Pneumoconiosis is compensable at 20% permanent disability, with increasing awards for the presence of lung function abnormality.
  • The Commissioner has used the MBOD as an agency for evaluation of claims for pneumoconiosis for many years.
  • The Technical Committee for Occupational Diseases (TCOD)(a committee established by the Compensation Board) has debated two issues related to pneumoconiosis extensively:
    1. Reconciliation of benefits and definitions of compensable disease between COIDA and ODMWA; and
    2. a new COIDA Circular Instruction clarifying compensation of pneumoconiosis and tuberculosis related to silica exposure.
  • The TCOD has not been able to finalise these two issues, principally because:
    1. There is not consensus on the threshold of abnormality that should be compensated in pneumoconiosis; and
    2. There is not consensus on the definition of what constitutes sufficient silica exposure to warrant tuberculosis being considered an occupational disease; and
    3. There are potentially significant financial implications, particularly for the gold mining industry, if the benefits available under ODMWA are reconciled with those available under the COIDA, since those available in terms of the COIDA are significantly better.

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Postgraduate Diploma in Occupational Health (DOH) - Modules 3 – 5: Occupational Medicine & Toxicology by Prof Rodney Ehrlich & Prof Mohamed Jeebhay is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
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