Document ID: chunk:federal_register_of_legislation:F2021L01163:reg:9:p1
Version: federal_register_of_legislation:F2021L01163
Segment Type: reg
Provision Reference: reg 9 (pt 1/6)
Character Range: 3737–6862

9               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, fibrosing interstitial lung disease or death from fibrosing interstitial lung disease is connected with the circumstances of a person's relevant service:
(1)          having smoked tobacco products:
(a)          in an amount of at least 20 pack-years before the clinical onset of fibrosing interstitial lung disease; and
(b)          commencing at least 5 years before the clinical onset of fibrosing interstitial lung disease;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(2)          inhaling respirable asbestos fibres in an enclosed space, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)          for a cumulative period of at least 1,500 hours before the clinical onset of fibrosing interstitial lung disease; and
(b)          where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of fibrosing interstitial lung disease;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.
(3)          inhaling respirable asbestos fibres in an open environment, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)          for a cumulative period of at least 5,000 hours before the clinical onset of fibrosing interstitial lung disease; and
(b)          where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of fibrosing interstitial lung disease;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.
(4)          inhaling beryllium dust or fumes before the clinical onset of fibrosing interstitial lung disease;
Note: inhaling beryllium dust or fumes is defined in the Schedule 1 - Dictionary.
(5)          inhaling respirable crystalline silica dust at the time material containing respirable crystalline silica dust was being produced, excavated, drilled, cut, ground or polished, or used in construction, manufacturing, cleaning or blasting:
(a)           for a cumulative period of at least 3,000 hours before the clinical onset of fibrosing interstitial lung disease; and
(b)           the first inhalation of respirable crystalline silica dust commenced at least 1 year before the clinical onset of fibrosing interstitial lung disease;
(6)          having acute silicosis within the 6 months before the clinical onset of fibrosing interstitial lung disease;
Note: acute silicosis is defined in the Schedule 1 - Dictionary.
(7)          inhaling or intravenously injecting a talc-containing compound or mixture, on more days than not, for a period of at least 3 years, before the clinical onset of fibrosing interstitial lung disease;
(8)          inhaling respirable coal dust while engaged in the mining