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Volume 53, No. 13

B.C. Reg. 224/2010

The British Columbia Gazette,

Part II

July 13, 2010

B.C. Reg. 224/2010 , deposited June 30, 2010, pursuant to the WORKERS COMPENSATION ACT [Section 82]. Resolution of the Board of Directors, dated May 19, 2010.

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Bronchogenic Carcinoma (Lung Cancer)

in Asbestos-Exposed Workers

WHEREAS: Pursuant to

section 82 of the Workers Compensation Act , R.S.B.C. 1996,

Chapter 492 and amendments thereto (" Act "), the Board of Directors must set and revise as necessary the policies of the Board of Directors, including policies respecting compensation, assessment, rehabilitation, and occupational health and safety;

AND

WHEREAS: Pursuant to

section 6 (4.1) of the Act , the Board of Directors, on behalf of the Workers' Compensation Board may, by regulation, on terms, conditions, and limitations set by the Board of Directors, add to or delete from

Schedule B of the Act , a disease, process or industry;

AND

WHEREAS: The Policy and Research Division ("PRD") commissioned a systematic review on primary carcinoma of the lung in asbestos-exposed workers to determine whether the descriptions contained in

Schedule B of the Act are current and supportable based on the most current medical science;

AND

WHEREAS: The PRD has reviewed

Schedule B of the Act , in light of the systematic review report and has presented its analysis to the Board of Directors;

THE BOARD OF DIRECTORS RESOLVES THAT:

1. Additions and deletions to

Schedule B of the Act , as per the attached Appendix A, are approved.

2. The above amendments to

Schedule B of the Act will be deposited with the Registrar of Regulations in such form as May be required by the Registrar.

Dated at Richmond, British Columbia, May 19, 2010. By the Workers' Compensation Board — R. ROGER, Acting Chair, Board of Directors .

Appendix A

THE BOARD OF DIRECTORS RESOLVES THAT:

Schedule B of the Workers Compensation Act is amended in item 4 by deleting paragraph (

a) and by adding the following paragraphs as indicated:

Description of Disease

Description of Process or Industry

(a.1) Primary carcinoma of the lung when associated with:

(

i) asbestosis

(ii) bilateral diffuse pleural thickening over 2mm thick

Where there is exposure to airborne asbestos dust.

Where there is exposure to airborne asbestos dust and the worker has not previously suffered collagen disease, chronic uremia, drug-induced fibrosis, tuberculosis or other infection or trauma capable of causing pleural thickening.

(a.2) Primary carcinoma of the lung

Where there is exposure to airborne asbestos dust for a period of 10 years or more of employment in one or more of the following industries:

(1) asbestos mining;

(2) insulation or filter material production;

(3) construction (where there is disturbance of asbestos-containing materials);

(4) plumbing or electrical work;

(5) pulp mill work;

(6) shipyard work;

(7) longshoring.

Section 1 comes into force 90 days after this regulation is deposited under the Regulations Act.

Dated at Richmond, British Columbia, May 19, 2010. By the Workers' Compensation Board — R. ROGER, Acting Chair, Board of Directors .

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