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Other comments on C042

Direct Request
  1. 1990

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Article 2 of the Convention. Conformity of the national list of occupational diseases with the Schedule established by the Convention. For many years, the Committee has been drawing the Government’s attention to the need to complete the lists of occupational diseases contained in section 40 of the Regulations on occupational diseases of the Social Security Institute (IKA). In 1999, the Government indicated that, in view of the evolution of medical and technical knowledge, the IKA had decided to set up a committee to prepare a new and more extensive list of occupational diseases which would contain an indicative description and no longer a limitative list of the major pathological manifestations, as well as the main activities likely to cause them.

In its last report, the Government indicates that no new texts respecting the application of the Convention have been adopted during the period covered by the report. It nevertheless adds that all the bodies concerned acknowledge the fact that the list of occupational diseases currently contained in the above IKA regulations needs to be amended and completed. In this respect, a tripartite committee is to be entrusted with this mission in the framework of the Higher Labour Council.

While taking due note of this information, the Committee is bound to note that no progress has been achieved in the implementation of the Convention since the last report provided by the Government. Indeed, the establishment of a committee to prepare proposals for the amendment of the list of occupational diseases, already announced in the previous report, although within the framework of the IKA, has not yet been given effect. Under these conditions, the Committee cannot but once again expresses the hope that the Government will, without further delay, take all the necessary measures to bring the national legislation fully into conformity with Article 2 of the Convention, on which it has been commenting for many years. In this respect, the Committee recalls the issues addressed in its previous comments:

(a)   pathological manifestations due to poisoning by lead (section 1), poisoning by mercury (section 2) and poisoning by arsenic (sections 15 and 16) are listed limititatively, whereas the Schedule appended to the Convention is drafted in general terms and covers all diseases caused by these substances. The list of these pathological manifestations should therefore be made indicative, for example by adding the term “etc.” at the end of the left-hand column of sections 1, 2, 15 and 16);

(b)   work liable to cause anthrax infection (section 25) should also include “loading and unloading or transport of merchandise” in general, as provided in the Convention;

(c)   the occupational diseases schedules should contain, as required by the Convention, a section on primary epitheliomatous cancer of the skin and the work liable to cause it.

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