Lung cancer,* which includes cancer of the trachea and bronchus, in workers employed in the sintering, leaching or calcining processes of the nickel industry is an occupational disease under sections 2(1), 15(1), and 15(2) of the Workplace Safety and Insurance Act. It is peculiar to and characteristic of sintering, leaching or calcining nickel. In addition, lung cancer is recognized as an occupational disease resulting from exposure to soluble nickels relating to nickel smelting or refining.
* International Classification of Diseases - Manual of The International Statistical Classification of Diseases, Injuries, and Causes of Death. Volume 1. World Health Organization. Geneva, 1977.
The following work experience, if acquired in Ontario, is persuasive evidence that a worker's lung cancer is work related
The worker has worked in
- any process in INCO LIMITED's Copper Cliff sinter plant as practised at any time, or
- any process in INCO LIMITED's Leaching, Calcining and Sintering Department at Port Colborne as practised prior to 1966, or
- the travel grate ore sintering process in INCO LIMITED's Coniston Smelter as practised at any time.
The worker has worked in areas of a nickel smelter or refinery where airborne concentrations of soluble nickels have been recorded or reasonably estimated to be 1 mg nickel per cubic metre or more. These soluble nickels are
- nickel sulfate
- nickel chloride
- nickel nitrate.
The worker has worked in areas of a nickel smelter or refinery where airborne concentrations of less soluble nickel species have been recorded or reasonably estimated to be 10 mg nickel per cubic metre or more. These less soluble nickel species are
- oxidic nickel
- sulfidic nickel
- nickel hydroxide
- nickel carbonate.
- The worker has worked in areas where there have been significant levels of arsenic trioxide.
Besides the persuasive evidence listed above, decision-makers are directed to adjudicate all claims on their individual merits.
Other nickel industry related diseases
For workers who have been employed in the nickel industry and have filed claims because of a disease other than lung cancer, decisions are made based on the appropriate policy and guidelines (see 16-02-01, Nasal Cancer in the Nickel Producing Industry and 16-02-10, Laryngeal Cancer - Asbestos/Nickel Exposure).
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.
This document replaces 04-04-02.
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 15, 119(1)
Board of Directors
#8(XVII), June 10, 2004, Page 6619