Lung Cancer - Gold Miners

Policy

Primary cancer of the trachea, bronchus or lung is accepted as an occupational disease under s.2(1) and s.15 of the Workplace Safety and Insurance Act, 1997 (WSIA) as characteristic of gold mining in Ontario.

Guidelines

To determine entitlement, the decision-maker must first confirm that:

  • the worker has worked in an Ontario gold mine with substantiated occupational history, and
  • the gold miner has been diagnosed with primary cancer of the trachea, bronchus or lung, with medical evidence establishing the diagnosis.

The following table sets out the criteria, which if met, are considered persuasive evidence to establish work-relatedness. In assessing entitlement, the decision-maker weighs all the available evidence, including work-related and non-work-related factors and determines work-relatedness based on the individual merits of the case.

Persuasive evidence to establish work-relatedness
Criteria Persuasive evidence
A biologically plausible latency period is present Latency can vary with intensity and type of exposure. Usually it is biologically plausible that the disease occurs:
  • 15 years after first employment in a "dusty occupation" (see note below)

OR

 

  • 5 years between first employment in mines with radon progeny and the diagnosis of the disease.

The gold miner has worked during the dustiest years of gold mining
  • Evidence of "dusty gold mining" (see note below) experience in Ontario prior to December 31, 1945.

OR

 

  • Evidence of "dusty gold mining" experience in Ontario in mines.
Sufficient and consistent evidence of occupational exposure must be present

To satisfy this criteria the gold miner has:

  1.  a chest x-ray rating of 4 or more as rated by the Ontario WSIB chest x-ray classification system and weighted dust exposure index of 60 or more. Weighted dust exposure is the sum of years worked in "dusty gold mining" in Ontario:
    • pre 1936 x 4 
    • from 1936 to 1944 x 3
    • from 1945 to 1954 x 2, or
    • after 1954 x 1.

OR

  1. a chest x-ray rating of 4 or more as rated by the Ontario WSIB chest x-ray classification system and was first employed in "dusty gold mining" in Ontario before attaining age of 30.

OR

  1. worked in mines which were dusty and had significant arsenic levels. (The duration of mining such mines which would constitute sufficient exposure depends on arsenic levels in the mines. The most current scientific information is used to assess whether the exposure to arsenic is to establish work-relatedness.)

OR

  1. worked in mines which had significant levels of radon progeny. (The policy on lung cancer and uranium mining (see 23-02-03, Lung Cancer among Workers in Uranium Mining Industry) and the Ontario Miners Study is consulted to determine whether the exposure is sufficient to establish work-relatedness.)

OR

  1. the equivalent of 5 years of "dusty gold mining" and was first employed in an Ontario gold mine before attaining 30 years of age, if no arsenic or radon exposure is present

OR

  1. the equivalent of 10 years of "dusty gold mining" if no arsenic radon exposure is present

NOTE

Dusty occupation and dusty gold mining are defined by the Ontario WSIB coding system, which is outlined in the table below.

Dust exposure defined by occupation codes (based on WSIB codes)
WSIB Code Definition
11 Full time in dust exposure - mill
12 Full time in dust exposure - other surface
13 Full time in dust exposure - shaft sinking
14 Full time in dust exposure - other underground
15 Full time in dust exposure - surface and underground
16 Full time in dust exposure  - open pit
21 Part time in dust exposure - mill (including mill in open pit)
22 Part time in dust exposure - other surface
25 Part time in dust exposure - surface and underground
26 Part time in dust exposure - open pit
97 Dust exposure, specifics unknown

Retroactivity

For all allowed claims, past and future, considered under the WSIB policy on lung cancer among goldminers (either Minute No. 3, January 8, 1988, Page 5216 or Minute #5, August 29, 1991, Page 5471), eligibility for entitlement and benefits shall be retroactive to the date of accident or to the date of the worker's death in the case of survivors' benefits, and paid in accordance with the provisions of the Workers' Compensation Act or WSIA in effect at that time and thereafter. There is no restriction to entitlement to benefits based on whether the worker, spouse or dependants are or were alive as of a specific date.

In lung cancer claims, the date of accident is the date of diagnosis or the date initial medical attention is sought for symptoms consistent with the diagnosis, whichever is earlier (see 11-01-04, Determining the Date of Injury).

Application date

This policy applies to all decisions made on or after July 20, 2023, for all accidents.

Document history

This document replaces 16-02-07 dated October 12, 2004.

This document was previously published as:
04-04-08 dated October 27, 1994.

References

Legislative authority

Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 15, 119(1)

Minute

Administrative
#7, July 17, 2023, page 619