A worker who develops an allergy or hypersensitivity to a workplace substance that results in an asthmatic reaction, or who shows signs and symptoms of contact dermatitis, is considered to have an occupational disease. Compensation was payable to such a worker during the period he or she was symptomatic. Under policy, compensation was not payable when the worker's symptoms had resolved and he or she was simply left with an underlying allergy or hypersensitivity to the workplace substance.

At issue was whether, given current scientific evidence, policy should be amended to provide compensation to workers who were asymptomatic when removed from work, but who had to avoid worksites containing a triggering substance or risk increasingly severe asthmatic reactions or bouts of contact dermatitis.

Consultation closed May 31, 2006.