Medical
examination before em. ployment. Second Sebedule.
Presumption
as to cause of occupa-
(5) Nothing in subsection (2) shall be construed as preventing the workman or his dependants, as the case may be, from recovering compensation under this Part from any other employer who employed the workman in the employment to the nature of which the occupational disease was due during the period of twelve months immediately preceding the incapacity or death in the event of the employer who last employed the workman in such employment proving that the disease in question was not contracted whilst the workman was in his employment.
(6) For the purposes of this section, the date of the incapacity shall, in the absence of agreement, be such date as the Court shall determine as being the date upon which the incapacity commenced; and no workman shall be preju- diced in any claim for compensation under this Part by reason only of the fact that the notice of incapacity given to the employer specified some other date.
298. (1) Any employer may, before employing a workman in any trade, industry or process specified in the third column of the Second Schedule, require the workman to undergo a medical examination by a medical practitioner at the cost of the employer.
(2) (a) Subject to paragraph (5), any workman who refuses to undergo a medical examination required under subsection (1) shall not be entitled to re- cover from that employer compensation under this Ordinance for incapacity or death suffered as a result of an occupational disease.
(6) Paragraph (c) shall not apply unless the refusal to undergo the medical examination is evidenced by writing under the band of the workman.
29C. If a workman who suffers incapacity or dies as a result of an occupational disease was within the period tional disease. of twelve months immediately preceding such incapacity or death employed in any trade, industry or process specified opposite to that disease in the third column of the Second Schedule, it shall be presumed, until the contrary is proved, that such disease was due to the nature of such employ-
Second Schedule.
Amendment
of Second
Schedule.
ment.
29D. The Governor in Council may from time to time by order, which shall be published in the Gazerte, amend the Second Schedule.
Saving in case of diseases
other than occupational diseases.
6.
5
29E. Nothing in this Part shall prejudice the right of a workman to recover compensation under this Ordinance in respect of a disease to which this Part does not apply.
if the disease is a personal injury by accident within the meaning of section 5.".
The principal Ordinance is amended by the insertion, before Division of section 30, of the following-
"PART IV,
MISCELLANEOUS.”.
Ordinance into Parts, Part IV.
7. The principal Ordinance is amended by the insertion, before Amendment the word "Schedule" wherever it occurs, of the following
of principal Ordinance.
"First".
H The Schedule to the principal Ordinance is amended by being Amendmen numbered the First Schedule.
of Schedule.
of new Schedule.
9. The principal Ordinance is amended by the addition of the Addition following new Schedule-
"SECOND SCHEDULE,
OCCUPATIONAL DISEASES.
Nem.
Description of occupational disease.
1. Poisoning by lead
2. Poisoning by manganese
3. Poisoning by phosphorus
4. Poisoning by arsenic
5. Poisoning by mercury
(as. 3.298 & 29C.)
Nature of trade. industry or process.
Any occupation involving the use or hand- ling of, or exposure to the fumes, dust or vapour of, lead or a compound of lead, or a substance containing lead.
Any occupation involving the use or hand- ling of, or exposure to the fumes, dust or vapour of, manganese or a compound of manganese, or a substance containing manganese,
Any occupation involving the use or hand-
ling of, or exposure to the fumes, dust ar vapour of phosphorus or a compound of phosphorus o ■ substance containing phosphorus.
Any occupation involving the use or hand- ling of, or exposure to the fames, dust or vapour of, arsenic or a compound of arsenic, or a substance containing arsenic.
Any occupation involving the use or hand- ling of, or exposure to the fumes, dust or vapour of, mercury or a compound of mercury,
substance containing
mercury.
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