Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - French Polynesia

With reference to its previous comments, the Committee notes the Government's statement that it is necessary to draw up a new Order which will first be submitted to the administrative board of the social insurance fund for its opinion. The Committee hopes that the above Order will be adopted in the near future and that it will take into account its previous comments which dealt with the following points:

1. The table annexed to Order No. 30/IT of 1959 contains, under each disease (left-hand column) a restrictive list of pathological manifestations deemed to be occupational, whereas the Convention, which is drafted on this point in general terms, covers all manifestations that can be caused by the poisonings or diseases appearing in its Schedule.

2. Anthrax infection. The list of activities corresponding to this condition (a list that is not indicative) does not contain (at No. 10 in the table) the operations of "loading and unloading or transport of merchandise" in general, as the Convention does.

3. Poisoning by phosphorus, etc. Item No. 3 of the table in the above Order refers only to white phosphorus, whereas the Convention mentions "poisoning by phosphorus or its compounds" and its sequelae.

4. Poisoning by arsenic or its compounds and its sequelae. The table in the national legislation does not contain these forms of poisoning or the corresponding activities, which is contrary to the Convention.

5. Poisoning by benzene or its homologues, their nitro- and amino- derivatives, and its sequelae. The same observation as for arsenic.

6. Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. The table of the national legislation covers only conditions caused by certain of the halogen derivatives of hydrocarbons of the aliphatic series (items Nos. 7, 8, 16 and 17, for example), whereas the Convention is drafted in general terms on this point so as to cover the conditions caused by all these substances.

7. Primary epitheliomatous cancer of the skin. The right-hand column of table No. 9 of the above Order relates only to epitheliomatous cancer caused by coal-tar pitch, whereas the Convention also covers epitheliomatous cancers that may have been caused by processes involving the handling or use of tar, bitumen, mineral oil, paraffin, or the compounds, products or residues of these substances.

The Committee requests the Government to indicate in its next report the progress achieved in this connection. [The Government is asked to report in detail for the period ending 30 June 1991.]