Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Greece (RATIFICATION: 1952)

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The Committee notes the observations of the Greek General Confederation of Labour (GSEE) received in 2017.

Article 2 of the Convention. Conformity of the national list of occupational diseases with the Schedule established by the Convention. Further to its previous request on the draft national list of occupational diseases, the Committee notes with satisfaction that as indicated by the Government in its report, Annex I of the European schedule of occupational diseases, 2003/670/EC, became an integral part of the Presidential Decree No. 51 of 2012. The Committee further notes the Government‘s indication that a working group is to be established to set out the criteria for the recognition of occupational diseases based on the Explanatory Notes of the European Commission. In this regard, the Committee notes the GSEE’s observations that the new Schedule of occupational diseases has not been activated yet due to the fact that the necessary legislation determining the diagnostic criteria has not been issued. The Committee requests the Government to provide information in this respect.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to explain the reasons for the significant drop in the number of new cases of recognized occupational diseases and to provide information on the functioning in practice of the procedure for recognizing a disease as occupational. The Committee notes the Government’s indication that the number of occupational diseases remains low (less than 10 per year) and that the statistical processing is currently not feasible in practice. The Government further indicates its participation in an informal EU Group of Experts to lay down common criteria for diagnosing occupational diseases and address the lack of statistical data reliability and comparability on occupational diseases. The Committee notes the GSEE’s observations that the prevalence of occupational diseases is still not adequately monitored. The Committee requests the Government to provide information on the necessary measures taken or envisaged to ensure the monitoring and collection of statistical data on occupational diseases.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Conformity of the national list of occupational diseases with the schedule established by the Convention. The Committee notes the Government’s indication that an inter-ministerial committee has been established to examine the incorporation of the European schedule of occupational diseases into national law. On completion of its mandate on 1 February 2008, the aforementioned committee drew up a new national list of occupational diseases which is in conformity with Annex I to Commission Recommendation 2003/670/EC of 19 September 2003 concerning the European schedule of occupational diseases. Referring to the comments which the Committee has been making for many years, the Government states that the draft of the new list of occupational diseases is not restrictive, does not define the activities which can result in occupational disease, and contains a new heading relating to skin cancers. The draft of the new list must be the subject of a presidential decree signed jointly by the competent ministers before coming into force. The Committee notes this information with interest and requests the Government to send a copy of the new list of occupational diseases with its next report.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistical information provided by the Government, although the number of new cases of occupational disease registered each year varied between 20 and 26 cases per year during the 2001–05 period, this figure has dropped sharply since 2005. Seven cases of new occupational diseases were recognized in 2006, six in 2007, five in 2008 and four in 2009, the Government indicating that the number of registered occupational diseases refers only to diseases which give rise to the payment of an invalidity pension. The Committee requests the Government to explain the reasons for this significant drop in the number of new cases of recognized occupational disease and provide further information on the functioning in practice of the procedure for recognizing a disease as occupational, on the operation of the labour inspectorate, the existence of preventive measures, the number of cases where recognition was refused, etc.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Conformity of the national list of occupational diseases with the schedule established by the Convention. The Committee notes the Government’s indication that an inter-ministerial committee has been established to examine the incorporation of the European schedule of occupational diseases into national law. On completion of its mandate on 1 February 2008, the aforementioned committee drew up a new national list of occupational diseases which is in conformity with Annex I to Commission Recommendation 2003/670/EC of 19 September 2003 concerning the European schedule of occupational diseases. Referring to the comments which the Committee has been making for many years, the Government states that the draft of the new list of occupational diseases is not restrictive, does not define the activities which can result in occupational disease, and contains a new heading relating to skin cancers. The draft of the new list must be the subject of a presidential decree signed jointly by the competent ministers before coming into force. The Committee notes this information with interest and requests the Government to send a copy of the new list of occupational diseases with its next report.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the statistical information provided by the Government, although the number of new cases of occupational disease registered each year varied between 20 and 26 cases per year during the 2001–05 period, this figure has dropped sharply since 2005. Seven cases of new occupational diseases were recognized in 2006, six in 2007, five in 2008 and four in 2009, the Government indicating that the number of registered occupational diseases refers only to diseases which give rise to the payment of an invalidity pension. The Committee requests the Government to explain the reasons for this significant drop in the number of new cases of recognized occupational disease and provide further information on the functioning in practice of the procedure for recognizing a disease as occupational, on the operation of the labour inspectorate, the existence of preventive measures, the number of cases where recognition was refused, etc.

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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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The Committee notes the information and statistical data supplied by the Government in its latest report.

In its previous comments, the Committee emphasized 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). The Government indicates in reply that, in view of the evolution of medical and technical knowledge, the IKA has decided to set up a committee to prepare a new, more extensive list of occupational diseases. The Government adds that occupational diseases therein will be classified on the basis of risk factors, in accordance with international standards. The new list will contain an indicative description of the major pathological symptoms as well as the main activities most likely to cause them. The Committee notes this information. It hopes that the Government will take all the necessary measures for the adoption of the new list of occupational diseases in the very near future. It trusts that the list will give full effect to Article 2 of the Convention which has been the subject of its comments for many years. In this respect, the Committee recalls the subjects of its comments:

(a)  Pathological symptoms due to poisoning by lead (section No. 1), poisoning by mercury (section No. 2) and poisoning by arsenic (sections Nos. 15 and 16) are listed limitatively whereas the schedule appended to the Convention is drafted generally and covers all diseases caused by these substances. The list of these pathological symptoms should therefore be made indicative, for example by adding the term "etc." at the end of the left-hand column of sections Nos. 1, 2, 15 and 16.

(b)  Work liable to cause anthrax infection (section No. 25) should also include loading and unloading or transport of merchandise in general, as provided in the Convention.

(c)  The occupational diseases schedules do not seem to contain, as the Convention does, a section on primary epitheliomatous cancer of the skin and the work liable to cause it.

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With reference to its previous comments, the Committee takes note of the adoption of Act No. 2048/92 reforming the social security scheme, and notes that it contains no provisions concerning the updating of the list of occupational diseases. In this connection, the Government again states that the question of bringing section 40 of the Regulations on Occupational Diseases of the Social Security Institute (IKA) of 16 January 1979 into conformity with the Convention will be referred for examination to a special committee to be set up by the IKA. The Committee recalls that the Government has been stating for several years that this examination is to take place. In these circumstances, it must again urge the Government to ensure that the necessary steps are taken in the near future to complete the above-mentioned list of occupational diseases so as to take into account the following points, in accordance with Article 2 of the Convention:

(a) Pathalogical manifestations resulting from poisoning by lead (section No. 1) (for example: no mention is made of gastritis, gastric ulcers, a number of liver disorders, etc.), poisoning by mercury (section No. 2) (for example: no mention is made of acute bronchitis, certain psychological disorders, dermatitis, etc.), and poisoning by arsenic (sections 15 and 16) (for example: no mention is made of occupational cancer, etc.) are listed restrictively whereas the schedule to the Convention is of a general nature and covers all illnesses caused by these substances. It would therefore be appropriate to make the list of these pathalogical manifestations an indicative one, for example by adding to the end of the left-hand column of sections Nos. 1, 2, 15 and 16 the word "etc."

(b) The activities liable to cause anthrax infection (section no. 25, should also include "loading and unloading or transport of merchandise", as does the Convention.

(c) Unlike the Convention, the list of occupational diseases does not appear to contain a section on primary epitheliomatous cancer of the skin and the activities that may lead to it.

The Committee asks the Government in its next report to supply information on any progress made in this respect.

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In reply to the Committee's previous comments, the Government again indicates that the question of bringing section 40 of the Regulations on Occupational Diseases of the Social Security Institute (IKA) of 16 January 1979 into conformity with the Convention will shortly be referred to a special committee for examination. The Committee recalls that the Government has been stating that this examination is to take place for several years. Accordingly, it must again express the hope that the results of the examination will enable the lists of occupational diseases given in Ministerial Orders No. 416/1759, of 16 January 1979, and No. 416/1862 of 27 December 1979 of the Minister of Social Affairs to be completed in the near future so as to take into account the following points, in accordance with Article 2 of the Convention:

(a) Pathological manifestations resulting from poisoning by lead (section No. 1) (for example: no mention is made of gastritis, gastric ulcers, a number of liver disorders, etc.), poisoning by mercury (section No. 2) (for example: no mention is made of acute bronchitis, certain psychological disorders, dermatitis, etc.), and poisoning by arsenic (sections Nos. 15 and 16) (for example: no mention is made of occupational cancer, etc.) are listed restrictively whereas the schedule to the Convention is of a general nature and covers all poisoning by these substances.

(b) The activities liable to cause anthrax infection (section No. 25) should also include "loading and unloading or transport of merchandise", as does the Convention.

(c) Unlike the Convention, the lists of occupational diseases do not appear to contain a section on primary epitheliomatous cancer of the skin and the activities that may lead to it.

The Committee asks the Government to provide information on any progress achieved in this connection in its next report.

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With reference to its previous comments, the Committee notes that the special committee responsible for examining the question of bringing section 40 of the Regulations on Occupational Diseases of the Social Security Institute (IKA) of 16 January 1979 into conformity with the Convention, has not yet completed its work. Accordingly, it again expresses the hope that this examination (also announced in the report for 1985) will shortly be completed and that the lists of occupational diseases given in Ministerial Orders Nos. 416/1759, of 16 January 1979 and 416/1862 of 27 December 1979 of the Minister of Social Affairs, will be completed so as to take into account, in accordance with Article 2 of the Convention, the following points:

(a)The sections concernin g poisoning caused by lead (No. 1) (for example: no mention is made of gastritis, gastric ulcers, a number of liver disorders, etc.), poisoning caused by mercury (No. 2) (for example: no mention is made of acute bronchitis, certain psychological disorders, dermatitis, etc.) are illustrations in point.

(b)It would also appear that the very title of the section "acute poisoning caused by arsenic" (Nos. 15 and 16) is of a restrictive nature (for example: occupational cancer is not included among the pathological manifestations that may be caused by arsenic), since the left-hand column of the list of diseases and toxic substances contained in the Schedule appended to the Convention refers in a general way to poisoning caused by arsenic.

(c)The activities that may cause anthrax infection (section No. 25) should also include "the loading, unloading or transport of merchandise" in general, as does the Convention.

(d)It would appear that the lists of occupational diseases, unlike the Convention, do not contain a section on primary epitheliomatous cancer of the skin and the activities that may lead to it.

The Committee asks the Government to provide information on any progress achieved in this connection in its next report. [The Government is asked to report in detail for the period ending 30 June 1990.]