Effective Date: February 1, 1996
Date Issued: December 1, 1995
Date Approved by Board of Directors: October 4, 1995
Topic: Lung Cancer - Foundry Workers
Section: Entitlement
Subsection: Occupational Diseases

Policy Statement

1. Lung cancer in foundry workers will be considered under the following guidelines.

1.1 Primary lung cancer in certain foundry workers shall be accepted as an occupational disease under Section 12 of the Act as peculiar to and characteristic of a process, trade or occupation involving exposure to foundry aerosols within a foundry unit.

1.2 Based on medical studies, a review of past foundry conditions and analysis of claims reported to the Board, cases of primary lung cancer shall be favourably considered when the following appropriate combinations of circumstances regarding exposure, latency and cessation factors apply:

1.2.1 Twenty years of minimum exposure within a ferrous foundry unit where the following conditions prevail:

a) predominant use of sand moulds;
b) 'floor pouring' of castings;
c) 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.

1.2.2 The cessation interval (time between cessation of occupational risk and appearance of lung cancer) in a smoker shall be 15 years or less. (See definitions below.)

1.2.3 The cessation interval in an ex-smoker or confirmed non-smoker shall be 20 years or less. (See definitions below.)

1.3 Claims which do not meet the criteria in Section 1.2 (including those from nonferrous foundries) shall be individually judged on their merits taking into consideration the variations in intensity and duration of exposure.

2. Definitions of Smoking:

2.1 Non-smoker
A never smoker. A person who has never smoked even occasionally.

2.2 Ex-smoker
A person who has smoked during his lifetime but who has not smoked for the past ten or more years.

2.3 Smoker
A person who currently smokes, or who has ceased smoking for less than the previous ten years.

Application

This Policy applies to all decisions made on or after February 1, 1996.

References

Workers' Compensation Act (Chapter 10, Acts of 1994 - 95), Sections 2(v), 12