Frequently Asked Questions

All NSW Coal Industry health standards will be reviewed 12 months after initial publication and then every 5 years thereafter, or sooner, as required. A comprehensive review process is essential to ensure currency of information and best practice standards are maintained.  

The process for review of the Respiratory Health Standard (RHS) included:   

• Identification of changes to medical evidence, research and/or best practice standards  
• Review of CS Health clinical data  
• Review and consideration of stakeholder and customer feedback  
• The updated Respiratory Health Standard was reviewed and endorsed by the Coal Services Standing Health Committee, Professor Deborah Yates (respiratory physician and subject matter expert), the Coal Services Clinical Governance Committee and an independent occupational physician.  

The 12-month review of the Respiratory Health Standard (RHS) has led to several important updates aimed at providing clearer guidance for approved medical practitioners, improving coal mine worker health outcomes, and clarity for employers.  

Key changes in the second edition of the RHS include: 

• Integration of Inhalable Mine Dust (IMD) Study Findings:
  The revised RHS includes the results of the Inhalable Mine Dust (IMD) study, conducted by Professor Robert Cohen and his team at the University of Illinois. The study found no additional benefit in restricting IMD levels for coal mine workers with lung impairments when respirable coal dust and respirable crystalline silica are adequately controlled. Based on these findings and the IMD Restriction Review Executive Summary (University of Illinois, Chicago, 2025), transitional arrangements and IMD thresholds for lung impairment have been removed. 

• Adoption of Z-scores for Spirometry:
  Spirometry results will now be interpreted using Z-scores, improving the accuracy and consistency of lung function assessments and impairment classification. Z-scores give a more accurate picture of lung function because they take into account a person’s age, sex, height, and ethnic background. 

• Clinical Pathway Improvements:
  The order and application of Complex Lung Function Testing and High-Resolution CT (HRCT) scans have been revised for some coal mine worker groups. These updates aim to enhance diagnostic accuracy, reduce wait times, and improve health outcomes. These improvements were informed by data from CS Health, which provided key insights into the performance and outcomes of the existing pathways, helping to identify where adjustments would deliver the greatest clinical benefit.  

• Clarification on Dust Monitoring Scope:
  References to ‘Enhanced Dust Monitoring’ have been removed because it is not within the scope of the RHS. Dust monitoring remains the responsibility of the Person Conducting a Business or Undertaking (PCBU) with support and guidance from Occupational Hygiene specialists. 

• Ongoing Review Mechanism Introduced:
  A formal process has been added to ensure the RHS remains current with evolving clinical and scientific knowledge. 

The second edition of the RHS was released on 3 November 2025.  It is expected that approved medical practitioners implement all changes as soon practicable.  

The RHS has been updated to reflect the findings of the Inhalable Mine Dust (IMD) study by Professor Robert Cohen and his team at the University of Illinois. The study showed that, when respirable coal dust and respirable crystalline silica are adequately controlled, limiting IMD levels for coal mine workers with lung impairments provides no additional health benefit. As a result, the RHS has removed the transitional arrangements and IMD thresholds for lung impairment. 

There have been no changes to the level of Respirable coal dust (RCD) and Respirable Crystalline Silica (RCS) restrictions. The levels outlined in the second edition of the RHS remain consistent with the levels detailed in the first edition of the RHS.  

The pathways have been updated following a detailed review and analysis of CS Health data – including spirometry, CLFT, and HRCT results – to determine which investigations provide the most useful and efficient information for the early identification of respiratory disease. 

The new pathway aims to maximise diagnostic value, enable earlier detection for those with emerging disease, and efficiently rule out disease in coal mine workers with normal findings. 

This evidence-driven approach ensures resources are focused where they deliver the greatest clinical and occupational benefit, while maintaining the highest standard of coal mine worker health protection. 

Coal mine workers will experience a significant reduction in the need for CLFT (Complex Lung Function Testing), while repeat spirometry testing may be used more frequently for monitoring and early detection. 

For many coal mine workers, this will mean a simpler process – with fewer additional investigations and a return to routine health assessment schedules for those with normal or stable results. 

Earlier classification of results is also expected to reduce the need for temporary work restrictions while further testing is undertaken. 

Overall, the pathway supports faster diagnosis for clearance, fewer unnecessary reviews, and less disruption to coal mine workers. 

The new pathways are designed to deliver tangible benefits for both coal mine workers and employers including: 

• Reduced operational impact: Fewer reviews and investigations mean less time away from work and reduced administrative burden. 
• Faster outcomes: Earlier diagnostic clarity allows for timely medical decisions and smoother return-to-work processes. 
• Consistent application: Evidence-based thresholds ensure all coal mine workers are assessed using the same criteria across the industry. 
• Enhanced workforce wellbeing: earlier detection and appropriate clearance help protect coal mine workers’ health.  

In summary, these changes support a more efficient, consistent, and balanced approach to respiratory surveillance across the NSW coal industry. 

The primary reason is differences in the populations studied.  

The MSAC evidence review was based on cohorts that were typically older, had higher smoking rates, and had substantially greater dust exposure histories than the NSW coal workforce. 

By contrast, NSW coal mine workers operate in a highly regulated environment with strict dust controls, routine health surveillance, and a strong industry commitment to workforce health. These protective factors mean that rates of coal mine dust lung disease (CMDLD) in NSW are significantly lower, making direct comparisons with the MSAC study population inappropriate. 

A significant increase is not expected. 

The revised pathway primarily reduces reliance on CLFT, not HRCT. Under the previous model, most workers referred for CLFT were also referred for a HRCT – effectively resulting in two investigations. 

The new pathway simplifies this by moving directly to HRCT only when clinically indicated, reducing duplication and improving efficiency. 

Overall, HRCT volumes are expected to remain stable or slightly decrease over time as criteria are applied consistently. 

Access to HRCT scanning remains unchanged. 

Designated radiology providers are available in all major regions, and CS Health staff can assist in coordinating appointments and providing location-specific information. Referral for HRCTs continue to be made by the medical staff when clinically appropriate under the new pathway. 

The updated asthma pathway provides clearer guidance and enhanced screening to ensure that coal mine workers with asthma continue to receive appropriate monitoring and support. 

Workers with asthma will continue to have their condition managed by their General Practitioner (GP). For most workers whose asthma is well controlled and whose spirometry results are within normal limits, there will be no change – they will continue with routine health surveillance as before. 

For those who continue to show abnormal spirometry despite optimised asthma management, additional assessments (i.e., HRCT) may be arranged to ensure there are no signs of coal mine dust lung disease (CMDLD) or other contributing conditions. 

Depending on the type and persistence of spirometry abnormalities and the findings of other investigations, some workers may require more frequent health surveillance to monitor their respiratory status, and in a small number of cases, dust restrictions may be recommended to support lung health and prevent further decline. 

 These updates are designed to support early detection, proactive management, and long-term respiratory wellbeing for all workers with asthma. 

No. However, although coal mine dust is not specifically defined as a hazardous chemical, certain components of it are captured by these requirements. The crystalline silica component of coal mine dust is listed as a hazardous chemical under schedule 14 and the coal dust component is captured under s 368(b) Work Health and Safety Regulation 2025. 

The Work Health and Safety Regulation 2025 requires that a person conduction a business or undertaking (aka employer) must provide a copy of the health assessment certificate to the NSW Resource Regulator as soon as practicable if either of the following boxes are ticked YES on the health assessment certificate:  

(a) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring, or 

(b) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring.   

Requirement (a) applies only when there is evidence that the coal mine worker’s health condition is linked to an occupational disease, injury or illness caused by hazardous chemicals (e.g. coal mine dust lung disease). 

Requirement (b) applies when any restrictions or remedial measures are recommended due to dust exposure, even if the restriction is not directly linked to an occupational disease (for example, when the health assessment certificate details dust exposure limits to respirable crystalline silica and/or respirable coal dust). 

No, only if there is a change in diagnosis or remedial measures required. 

Yes, as they do not have confirmation that the previous employer met the reporting obligations and the new employer is the new PCBU. 

No, it’s the employer’s responsibility to notify the Resources Regulator and to advise the coal mine worker of this requirement. 

In 2021, the NSW Government (Department of Regional NSW) commissioned an independent quality assurance review of the NSW Health Surveillance Scheme for Coal Mine Workers (the Review). The University of Illinois School of Public Health (Chicago) was selected through an open tender process to conduct the Review. The review was recommended and overseen by the Mine Safety Advisory Council (MSAC). 

The final report found that CS Health has a robust system of medical health surveillance and noted the considerable improvements to the scheme since the re-identification of black lung in Australia in 2015. The report also included recommendations to consider for further improvement.  

These recommendations included making changes to the way lung abnormalities are investigated and managed in the mining industry.  

The MSAC Review identified developments to medical standards, including testing requirements and screening processes to identify respiratory conditions. It recommended that these be adopted in the NSW coal industry to adhere to best practice medicine.   

• The introduction of the Clinical Pathways for Coal Mine Dust Lung Disease Monitoring ensures a standardised, best practice approach to the management of abnormal lung function tests, including any further investigations required. 

• Depending on the level of abnormality detected, additional testing may include complex lung function tests (CLFT), high-resolution computed tomography (HRCT) scans and sometimes an assessment by a respiratory physician.  

• Some findings may require coal mine dust exposure restrictions be applied to a coal mine worker, and in some cases eliminate further exposure to coal mine dust in the workplace.  

The Respiratory Health Standard (RHS) establishes a clear and consistent process for Order 43 approved medical practitioners (AMP) to follow, when a coal mine worker presents with abnormalities with their chest x-ray or spirometry results.  

The RHS, initially released in 2024 has been updated in 2025 to provide clearer guidance for approved medical practitioners, improve coal mine worker health outcomes, and clarity for employers. 

The review of the Respiratory Health Standard (RHS) included:   

• changes in medical evidence, research and/or best practice standards  

• a comprehensive review of CS Health clinical data, and 

• consideration of stakeholder and customer feedback.  

CS Health has provided communication and education to all Order 43 approved medical practitioners to notify them of the Respiratory Health Standard and related pathways and guidelines.

CS Health use the three key assessments to determine lung function and identify respiratory disease in coal mine workers:   

1. Spirometry: assessment of airflow   

1. Comprehensive Lung Function Testing (CLFT): assessment of overall lung capacity and gas exchange  

1. Chest imaging (chest x-ray and/or high-resolution CT scan): assessment of lung structure 

Airborne contaminates such as coal mine dust and crystalline silica can cause damage to different parts of the respiratory system. In some workers, this affects the larger airways, narrowing their diameter and reducing airflow – a pattern consistent with chronic obstructive pulmonary disease (COPD) and detected by spirometry. In others, the dust may damage the alveoli (smaller air sacs), causing emphysema or scarring visible on chest imaging.  

These assessments together help determine the type and extent of lung impairment and guide decisions about ongoing monitoring or the need for workplace restrictions to further dust exposure. 

• Coal dust 
• Silica dust 
• Isocyanates (hazardous chemicals) 
• Diesel particulate 
• Welding fumes 

• Smoking and vaping 
• Bird keeping (bird fanciers lung) 

• Stop smoking/vaping 
• Get vaccinated against influenza and COVID 
• Use puffers when prescribed by your doctor 
• Regular exercise 
• Minimise exposure by wearing appropriately fitted PPE 

The guidelines will apply to any coal mine worker, regardless of whether they work in an underground or surface coal mine environment, who presents with an abnormal chest imaging and/or decline in respiratory function. 

The Order 43 approved medical practitioner (CS Health and Order 43 External Doctor Network) will determine fitness for work.  

The coal mine worker’s GP or the respiratory physician cannot determine fitness for work. 

In most cases it is possible that a coal mine worker can continue to work while the investigations (i.e. CLFT, HRCT, respiratory physician referral) are completed. There may be circumstances where the Order 43 approved medical practitioner recommends a change in fitness for work during this period –to preserve respiratory function.  

The Order 43 approved medical practitioner will discuss the determination with the coal mine worker. 

• A CLFT can take a few weeks to get an appointment due to the specialised equipment required.   
• An HRCT can normally be obtained within one or two weeks.   
• It can take a few months to secure an appointment with a Respiratory Physician.   

Sometimes it is not possible to reach a diagnosis without repeat testing after a period of time. In these circumstances, the approved medical practitioner will discuss the clinical requirements with the coal mine worker. 

CS Health may not be able to complete the health certification as this information is required to determine whether the coal mine worker can safely continue in their role. A current health assessment certificate is required to work in a NSW coal mine. 

Yes. This will be communicated to employers on the health assessment certificate, including an outline of suggested actions for an employer to take to support the health and safety of the coal mine worker. 

It is up to both the coal mine worker and the employer to ensure attendance at a health assessment review. CS Health will send appointment reminders to the coal mine worker and the employer prior to the review date. 

CS Health will cover the costs of the consultation with the respiratory physician for existing coal mine workers. CS Health will also cover the cost of some specific tests requested by the respiratory physician during the first visit.  

These tests are limited to the following:  

• High resolution CT chest scan (initial and progress scan) 
• Pulmonary lung function testing 
• Pathology blood test 
• Follow-up consultations to establish diagnosis

Any workers who are new to industry and require investigations will need to pay for these at their own expense.

This is as per current health assessment review requirement (i.e. three yearly) .

This is determined by a radiologist and generally requires follow up with the coal mine worker’s GP. This is usually when an abnormal finding is detected on the chest imaging, and the radiologist is confident it is not related to coal mine dust exposure.

This will depend on when the diagnosis occurred and the current symptoms / level of respiratory impairment. Some coal mine workers with a previous diagnosis may still need to go through the clinical pathways, when they complete their health assessment.

A coal mine worker may see a Respiratory Physician for a diagnosis and/or Occupational and Environmental Physician who will help determine whether the condition is occupational (resulting from work exposure) or non- occupational (caused by something other work exposure). Regardless of whether the respiratory condition is work or non-work related, the clinical pathway needs to be followed to determine the severity of the condition and the management plan.

Roles and responsibilities relating to certifying fitness for work have been defined in the Respiratory Health Standard,  

The RP’s expertise is the diagnosis of lung conditions and the clinical management of those lung conditions, it’s not their role to determine fitness for work. This determination remains the responsibility of the AMP.  

When there is a difference of opinion between the Respiratory Physician (RP) and the Approved Medical Practitioner (AMP), the final determination of fitness for work rests with the AMP. 

The RP provides specialist advice on the diagnosis and management of respiratory conditions, while the AMP considers this advice – along with occupational factors and legislative requirements – to determine fitness for work in accordance with the RHS. 

CS Health will attempt to involve the employer early however this can only happen after the coal mine worker provides consent. If consent is given, CS Health will advise the employer that the coal mine worker is being referred to an RP for respiratory investigations.  

If the coal mine worker does not give consent, the employer will only be notified when: 

• A reportable condition is identified (consent is not needed), 
• A coal mine worker has restrictions – if the condition is not notifiable, it will not be disclosed (consent is not needed). 

The diagnosis and follow up requirements will be explained to the coal mine worker. Information will be provided to them so that it can be followed up with their GP. 

If the diagnosis is related to coal mine dust exposure, the coal mine worker can discuss with their GP regarding making a claim with Coal Mines Insurance. The opportunity to have a case conference with the employer will be offered to them.

It may still be possible to work in many roles in coal mining after diagnosis. Some roles with higher dust exposures may not be suitable to protect against further respiratory damage and restrictions may be applied. If the respiratory disease progresses to more severe stages, it may be necessary to cease further coal mine dust exposure altogether. 

The MSAC Review found that many medical practitioners were allowing coal mine workers with non-occupational respiratory disease to continue working with unrestricted mine dust exposure.  

 The MSAC Review recommended that exposure restrictions be applied for identified respiratory disease regardless of the underlying cause, based on the degree of respiratory impairment. This is now considered medical best practice. 

To preserve remaining respiratory function (and quality of life) for a coal mine worker. 

CS Health does not monitor the implementation of workplace restrictions.  This is the employers responsibility, they may need to engage with a occupational hygiene provider to ensure the appropriate controls are implemented and exposure levels are being monitored. For any coal mine worker who has dust restrictions, CS Health will usually monitor their respiratory health every 6 – 12 months depending on the clinical pathways. 

The clinical pathways provide guidance about what restrictions should be applied for different levels of lung impairment and when a coal mine worker should be removed from further mine dust exposure.

All coal mine workers will continue to be assessed as part of the health surveillance scheme. Where a coal mine worker may have previously exited the pathway, the AMP will determine at their next health assessment, which investigations are required based on the workers current clinical presentation, respiratory history, and any previous results.  

Not all investigations will automatically be repeated – for example, tests such as HRCT may not be necessary if they were performed recently and remain valid.’ 

It will depend on the level of their impairment and/or disease. In most cases coal mine workers can continue to work during the investigation phase. In some cases they may require a dust restriction, but this will depend on their clinical presentation and the pathway recommendations. 

Yes, if the employer can provide work tasks that comply with the dust restrictions.   

The employer should review Similar Exposure Group (SEG) monitoring data for that site or work area to see if the available data is adequate to allow the coal mine worker to continue in their current role and comply with the dust restrictions. If the data is not adequate, the employer may consider additional monitoring to determine the workplace exposure for that SEG. If the exposure data exceeds the restrictions, the employer may consider reviewing controls and then reassess the exposure data after further monitoring. Additionally, the employer may also consider alternative work areas or tasks for the coal mine worker. 

CS Health will pay for any respiratory physician appointments for existing NSW coal mine workers. Any workers who are new to industry and require investigations will need to pay for these at their own expense.

Yes. Appointments and investigations with any specialists and GPs needs to be completed by the coal mine worker in order for an appropriate diagnosis to be confirmed. Smoking is a personal choice. However, CS Health recommends ceasing smoking as it is known to cause conditions like emphysema and chronic obstructive pulmonary disease.

A coal mine worker cannot disregard or self-select against restrictions recommended by the approved medical practitioner.  

Under Order 43, the approved medical practitioner is responsible for determining a worker’s fitness for work and identifying any necessary restrictions to manage health conditions.  

It is the employer’s responsibility to assess whether they can accommodate these restrictions and to ensure that coal mine workers are managed in accordance with the recommendations outlined in the health assessment certificate. 

Unfortunately the timing of these appointments is determined by the Respiratory Physician and not CS Health. CS Health can request that coal mine workers are added to a cancellation list when waiting to see a Respiratory Physician, if there are lengthy delays. 

Coal mine workers are encouraged to speak with their employer about the potential for suitable duties or access to leave whilst investigations are being undertaken. 

CS Health has developed internal processes to help manage workers who require further investigations or have dust restrictions applied. A Clinical Investigations Team (CIT) case manages coal mine workers through this process and CS Health works with employers to ensure a thorough understanding of the individual’s needs. Employers and union representatives also have a responsibility to support coal mine workers to ensure the best possible outcome. 

The cost of testing and seeing a respiratory physician is covered by CS Health until a diagnosis is established.  

The cost of any ongoing treatment or medical follow up outside normal Order 43 review is not covered by CS Health. If the condition is identified as being related to their employment as a coal mine worker, they may be able to lodge a claim with Coal Mines Insurance to cover related expenses.

CS Health complies with the Australian Privacy Principles (APP) under the Privacy Act 1988 (Cth) as well as the Health Privacy Principles (HPP) under the Health Records and Information Privacy Act 2002 (NSW). 

If a coal mine worker is found temporarily unfit for their current role: 

• Any exposure restriction recommendations to fitness for work are discussed with the coal mine worker first. 
• Consent is sought from the coal mine worker to discuss the health condition with their employer. 
• If consent is not provided, CS Health will not release the health information. However, CS Health is required to provide a copy of the completed health assessment certificate, which will necessarily note the exposure restrictions, for the employer to manage. 
• Some respiratory conditions are notifiable to the NSW Resources Regulator and employer under statutory requirements. In these cases, consent is not required from the coal mine worker. 

As is currently the case under Order 43 reporting, the employer will receive the completed Order 43 health assessment report. This will include: 

• Whether a health review is required 
• Any exposure restrictions and health assessment review requirements 
• In the case of NSW Resources Regulator notifiable conditions, the actual diagnosis is provided.

This approach is not recommended. SEG dust exposure profiles can vary significantly between mines, and using industry data would not provide the necessary confidence that a worker’s exposure is below the restriction levels. If the mine lacks sufficient data, the employer should consider collecting additional monitoring data to accurately determine workplace exposure for the SEG. 

If exposure data exceeds the restriction levels, the employer should consider reviewing and implementing additional control measures in line with the hierarchy of control. Additional controls should be implemented, followed by reassessment of exposure profiles after further monitoring. The employer might also consider assigning alternative work areas or tasks for the worker. 

It is recommended that workers with dust restrictions are periodically monitored as part of an ongoing exposure monitoring strategy. This ensures that any potential individual worker variations are assessed and understood. 

The following components should be considered for inclusion in an ongoing exposure monitoring strategy:  

• Baseline followed by periodic exposure monitoring of the relevant Similar Exposure Group (SEG), in line with the NSW Resources Regulator Technical Reference Guide – Monitoring and control of worker exposure to airborne dust.  
• Periodic personal exposure monitoring of restricted workers to assess variability in individual dust exposures.  
• Periodic review of tasks performed by restricted workers, including workplace assessments where appropriate.  

Workers with dust restrictions should not need to wear a dust monitor every day. A statistically valid SEG sampling strategy combined with periodic monitoring should provide sufficient data to accurately assess the worker’s exposure level.  

Decisions on allowing work outside of the assigned SEG should be risk-based, considering the exposure profile of each SEG and the planned frequency and duration of the work. 

Yes, a worker can work a 12-hour shift. However, shift length and roster patterns should be considered, as they may require adjustments to the dust restriction level. It is advisable to consult an occupational hygienist to determine if adjustments are needed based on the worker’s specific roster pattern.

No, Coal Services Order 42 dust monitoring reports do not include information on individual worker dust restrictions or compliance with these restrictions. These reports focus on results and compliance with legislated workplace exposure limits. Employers and workers must review individual results separately to assess compliance with specific restrictions. 

Contract companies should liaise directly with the relevant site contact to discuss the management of coal mine workers with dust restrictions and seek permission to access site-specific SEG data to determine whether the dust exposure levels are suitable to accommodate coal mine workers with dust restrictions. 

Personal exposure monitoring measures an individual’s unprotected exposure to dust during their usual work activities. This involves collecting a personal dust exposure sample from the breathing zone in accordance with Australian standards and WHS (MPS) Regulation requirements to assess compliance with workplace exposure limits and dust restrictions. 

Atmospheric monitoring, typically referring to static or area dust sampling, measures dust levels in specific locations to identify sources and causes of dust generation. Static monitoring results cannot be used to assess compliance with workplace exposure limits or dust restrictions. 

Real-time dust monitors should not be used for assessing compliance with dust restrictions. Personal exposure monitoring assessments must follow relevant Australian standards and WHS (MPS) Regulation requirements. However, real-time monitors are useful tools for investigating exposure sources and reviewing control effectiveness.

Respiratory Protective Equipment (RPE) can be used as part of an overall control strategy for workers with dust restrictions. In accordance with section 36 of the NSW WHS Regulations, RPE should only be used as a control after higher level engineering controls have been considered first. RPE can also be used as an interim control measure while higher-order controls are being developed and implemented. An employers RPE program should align with the applicable sections of AS/NZS 1715:2009, Selection, use and maintenance of respiratory protective equipment.

Contact CMI on (02) 4942 3150 email [email protected] 

A worker is required to complete a Worker’s Injury Claim form and provide a SIRA Certificate of Capacity from your nominated treating doctor.  

Yes, you can claim at any time.  

Yes – you can make a claim at any time. Once the claim has been received, CMI will collect information from your treating doctors, and you may need to attend an Independent Medical Examination with a Respiratory Physician. On receipt of all the information, CMI will then make a decision on your claim.

• Within 3 days of making a claim, an Injury Management Specialist and/or a Specialist Case Manager will contact you.  
• CMI will collect information from your treating doctors. 
• A CS Health Authority to Release Information Form is requested so that we can collect information specifically from CS Health. This form must be witnessed and signed by an authorised individual (details can be found on the form)  
• You will be required to attend an Independent Medical Examination with a Respiratory Physician 
• On receipt of the above information, CMI will make a decision on your claim. 

• A statement from you that details your employment history, both inside and outside the coal mining industry, names of employers, periods of employment, position/role and duties performed
• Details of doctors, scans, and current treatment 
• Original scans, x-rays and other radiological investigations must be made available to the Independent Medical Examiner  
• A Tax File Declaration Form, Bank Details Form, and Dependency Declaration Form  

A decision to commence weekly payments will be made within 21 days unless there is a reasonable excuse not to commence payment. In that case, the decision will be made within 42 days after the claim for compensation is made or when the reasonable excuse ceases (whichever is earlier).  

After careful consideration of all available information, a Specialist Case Manager will assess your claim and make a decision to either accept or decline your claim. 

A worker should notify their employer immediately (or as soon as practicable) following a workplace injury (including becoming aware of an occupational dust disease). An employer should lodge an injury notification to CMI within 48 hours of becoming aware of a workplace injury. A worker can also contact CMI directly to discuss this process if they prefer not to involve their employer, or if they are not currently employed in the NSW coal industry.

As the sole provider of workers compensation insurance to the NSW coal industry, CMI assumes liability for lung conditions caused by exposure to coal, silica or any other dust in the NSW coal mining industry.  

While lung claims do not directly impact your workers compensation policy’s premium, their costs do impact the overall scheme costs.

Liability for occupational dust diseases caused by exposure to coal, silica or any other dust in the NSW coal mining industry are not directly premium impacting. However, they affect overall scheme costs and premium rates.  

Coal Services are still working on an implementation plan which means CMI are not able to provide any analysis of future premium impacts at this stage. 

An employer should lodge an injury notification to CMI with in 48 hours of becoming aware of a workplace injury. If a worker wishes to lodge a workers compensation claim they should notify their employer immediately (or as soon as practicable). 

An IME will help to determine liability, by looking at work history and exposure, not just the disease process. In NSW, we have already seen claims by workers who are from other industries or states and who have not been exposed to coal, silica or any other dust in the NSW coal mining industry. CMI will obtain the workers consent to request their file from CS Health, obtain information from the employer(s) such as dust monitoring reports, details of employment history and dust exposure, request medical records such as scans, reports and details of current treatment from workers doctors. With this information the IME will provide an independent opinion as to whether the condition is work related.

For accepted claims, CMI encourages employers to provide suitable duties in accordance with their obligations under NSW workers compensation legislation as it applies to coal miners. 

Where a worker is unable to return to their pre-injury employment but can undertake suitable duties, CMI aims to reintegrate the worker into the workforce in the following order of priority: 

1. Return to same employer, different role
2. Return to same industry, suitable role
3. Return to alternate industry, suitable role

Where suitable duties are provided, they should facilitate a graduated return to full pre-injury duties. 

Where appropriate, a referral to an approved workplace rehabilitation provider for return to work services will occur to assist with re-deployment. 

Whilst lung claims are not directly premium impacting, they do affect the overall scheme costs, which is funded by policyholders.  Secondary psychological claims caused by lung claims will be managed with the primary lung claim i.e. not directly premium impacting. 

Workers should speak with their employer and MEU representatives to determine what leave and assistance is available to them while their claim is being assessed by CMI or if the claim is declined.