At its 279th Session (November 2000) the Governing Body of the International Labour Office decided to place an item on the recording and notification of occupational accidents and diseases, including the possible revision of the list of occupational diseases, Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121), on the agenda of the 90th Session (2002) of the International Labour Conference, with a view to standard setting under the single-discussion procedure. The Governing Body also indicated that the development of a mechanism for regularly updating the list of occupational diseases should be examined by the Conference as part of the above agenda item.

In accordance with article 38, paragraph 1, of the Standing Orders of the Conference, which deals with the preparatory stages of the single-discussion procedure, the Office drew up a summary report⁽¹⁾ intended to serve as the basis for the discussion of this question. The report introduced the issue and analysed the law and practice in respect of the recording and notification of occupational accidents and diseases and the list of occupational diseases in various countries. The report, which contained a questionnaire, was communicated to the governments of the member States of the ILO, which were invited to send their replies so as to reach the Office by 30 September 2001.

At the time of drawing up this report, the Office had received replies from the governments of the following 75 member States:⁽²⁾ Argentina, Australia, Austria, Bahrain, Barbados, Belarus, Benin, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, Gabon, Germany, Greece, Hungary, India, Indonesia, Israel, Italy, Jamaica, Japan, Kenya, Republic of Korea, Kuwait, Lebanon, Lithuania, Malaysia, Malta, Mauritius, Mexico, Republic of Moldova, Morocco, Namibia, Netherlands, New Zealand, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Singapore, Slovakia, South Africa, Spain, Suriname, Sweden, Switzerland, Syrian Arab Republic, Thailand, Turkey, Ukraine, United Arab Emirates, United Kingdom, Yugoslavia.

The governments of 39 member States (Argentina, Austria, Barbados, Brazil, Bulgaria, Canada, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Eritrea, Estonia, Ethiopia, Finland, Greece, Hungary, Italy, Lithuania, Malaysia, Mauritius, Namibia, Norway, Pakistan, Peru, Portugal, Qatar, Romania, Singapore, Slovakia, Suriname, Sweden, Switzerland, Syrian Arab Republic, Ukraine, United Kingdom, Yugoslavia) indicated that their replies had been drawn up after consultation with organizations of employers and workers. Some of these governments incorporated in their replies the opinions expressed by these organizations on certain points, while others transmitted the observations of employers’ and workers’ organizations separately. In some cases, replies were received directly from employers’ and workers’ organizations.

Report V (2) is published in two volumes⁽³⁾ to ensure that the English and French texts of the proposed Protocol to the Occupational Safety and Health Convention, 1981, and the proposed Recommendation concerning the list of occupational diseases and the recording and notification of occupational accidents and diseases are in the hands of governments within the time limit laid down in article 38, paragraph 2, of the Standing Orders of the Conference. The present bilingual volume (Report V (2B)) contains the English and French versions of the proposed texts. In drafting the texts, the Office has taken into account the need for a systematic approach, clarity, consistency with the terms of the existing instruments and concordance between the English and French versions of the draft texts.

If the Conference so decides, these texts will serve as a basis for the discussion, at the 90th Session (2002), of the question of the recording and notification of occupational accidents and diseases and the list of occupational diseases.

The following are the English versions of (A) the proposed Protocol to the Occupational Safety and Health Convention, 1981, and (B) the proposed Recommendation concerning the list of occupational diseases and the recording and notification of occupational accidents and diseases, which are submitted as a basis for discussion of the fifth item on the agenda of the 90th Session of the Conference.

A. Proposed Protocol to the Occupational Safety and Health Convention, 1981

The General Conference of the International Labour Organization,

Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 90th Session on 3 June 2002, and

Noting the provisions of Article 11 of the Occupational Safety and Health Convention, 1981, which states in part that:

To give effect to the policy referred to in Article 4 of this Convention, the competent authority or authorities shall ensure that the following functions are progressively carried out:

…

(c) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned, and the production of annual statistics on occupational accidents and diseases;

…

(e) the publication, annually, of information on measures taken in pursuance of the policy referred to in Article 4 of this Convention and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work ..., and

Having regard to the need to strengthen recording and notification procedures for occupational accidents and diseases with the aim of identifying their causes and establishing preventive measures, and to promote the harmonization of recording and notification systems, and

Having decided upon the adoption of certain proposals with regard to the notification and recording of occupational accidents and diseases, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Protocol to the Occupational Safety and Health Convention, 1981;

adopts this            day of June two thousand and two, the following Protocol, which may be cited as the Protocol of 2002 to the Occupational Safety and Health Convention, 1981.

For the purpose of this Protocol:

1. the term “occupational accident” covers an occurrence arising out of, or in the course of, work which results in fatal or non-fatal injury;
2. the term “occupational disease” covers a disease contracted as a result of an exposure to risk factors arising from work activity;
3. the term “dangerous occurrence” covers a readily identifiable event as defined under national laws and regulations, with potential to cause an injury or disease to persons at work or to the public;

1. the principal or secondary residence;
2. the place where the meals are usually taken; or
3. the place where the remuneration is usually received,

and which results in death or personal injury involving loss of working time.

The competent authority shall, by laws or regulations or any other method consistent with national conditions and practice, and in consultation with the most representative organizations of employers and workers, establish and periodically review requirements and procedures for:

1. the recording of occupational accidents, occupational diseases, dangerous occurrences, incidents, commuting accidents and, as appropriate, suspected cases of occupational diseases; and
2. the notification of:
1. occupational accidents, occupational diseases and dangerous occurrences; and
2. as appropriate, commuting accidents and suspected cases of occupational diseases.

The requirements and procedures for recording shall determine:

1. the responsibility of employers:
1. to record occupational accidents, occupational diseases, dangerous occurrences, incidents, commuting accidents and, as appropriate, suspected cases of occupational diseases;
2. to provide appropriate information to workers and their representatives concerning the recording system; and
3. to ensure appropriate maintenance of these records and their use for the establishment of preventive measures;

2. the information to be recorded; and
3. the duration for maintaining these records.

The requirements and procedures for the notification shall determine:

1. the responsibility of employers:
1. to notify the competent authorities or other designated bodies of occupational accidents, occupational diseases, dangerous occurrences and, as appropriate, commuting accidents and suspected cases of occupational diseases; and
2. to provide appropriate information to workers and their representatives concerning the notified cases;

2. where appropriate, arrangements for notification of occupational accidents and occupational diseases by insurance institutions, occupational health services, medical practitioners and other bodies directly concerned;
3. the criteria according to which occupational accidents, occupational diseases, dangerous occurrences and, as appropriate, commuting accidents and suspected cases of occupational diseases are to be notified; and
4. the time limits for notification.

The notification shall include data on:

1. the enterprise, establishment and employer;
2. if applicable, the injured persons and the nature of the injuries or disease; and
3. the circumstances of the accident or the dangerous occurrence and, in the case of an occupational disease, the exposure to health hazards.

Each Member which ratifies this Protocol shall, based on the notifications and other available information, publish annually statistics that are compiled in such a way as to be representative of the country as a whole, concerning occupational accidents, occupational diseases and, as appropriate, dangerous occurrences and commuting accidents, as well as their analyses.

The statistics shall be established using classification schemes that are compatible with the latest relevant international schemes established under the auspices of the International Labour Organization or other competent international organizations.

B. Proposed Recommendation concerning the list of occupational diseases and the recording and notification of occupational accidents and diseases

Having been convened at Geneva by the Governing Body of the International Labour Office and having met in its 90th Session on 3 June 2002, and

Noting the provisions of the Occupational Safety and Health Convention and Recommendation, 1981, and the Occupational Health Services Convention and Recommendation, 1985, and

Noting also the list of occupational diseases as amended in 1980 appended to the Employment Injury Benefits Convention, 1964, and

Having regard to the need to strengthen recording and notification procedures for occupational accidents and diseases, with the aim of identifying their causes, establishing preventive measures, promoting the harmonization of recording and notification systems, and improving the compensation process in the case of occupational accidents and occupational diseases, and

Having regard to the need for a simplified mechanism for updating a list of occupational diseases, and

Having decided upon the adoption of certain proposals with regard to the notification and recording of occupational accidents and diseases, and to the regular review and updating of a list of occupational diseases, which is the fifth item on the agenda of the session, and

Having determined that these proposals shall take the form of a Recommendation;

adopts this            day of June of the year two thousand and two the following Recommendation, which may be cited as the List of Occupational Diseases Recommendation, 2002.

1. In the establishment, review and application of systems for the recording and notification of occupational accidents and diseases, the competent authority should take account of the 1996 code of practice on the recording and notification of occupational accidents and diseases, and other codes of practice or guides relating to this subject that are approved in the future by the International Labour Organization.

2. A national list of occupational diseases for the purposes of recording, notification and compensation should be established by the competent authority, by methods appropriate to national conditions and practice, and by stages as necessary. This list should:

1. comprise, at the least, the diseases enumerated in Schedule I of the Employment Injury Benefits Convention, 1964, as amended in 1980; and
2. comprise, to the extent possible, other diseases contained in the list of occupational diseases as annexed to this Recommendation.

3. The list of occupational diseases as annexed to this Recommendation should be periodically reviewed and updated through meetings of experts or other means approved by the Governing Body of the International Labour Office. The updated list of occupational diseases shall be notified to the Members of the International Labour Organization and replace the preceding list.

4. The national list of occupational diseases should be reviewed and updated with due regard to the most up-to-date list in accordance with paragraph 3 above.

5. Each Member should communicate its national list of occupational diseases to the International Labour Office as soon as it is established or revised, with a view to facilitating the regular review and updating of the list of occupational diseases as annexed to this Recommendation.

6. Each Member should furnish annually to the International Labour Office comprehensive statistics on occupational accidents and diseases and, as appropriate, dangerous occurrences and commuting accidents with a view to facilitating the international exchange and comparison of these statistics.

² Replies that arrive too late to be included in the report may be consulted by delegates at the Conference.

1. Diseases caused by agents

1.1. Diseases caused by chemical agents

1.1.1. Diseases caused by beryllium or its toxic compounds
1.1.2. Diseases caused by cadmium or its toxic compounds
1.1.3. Diseases caused by phosphorus or its toxic compounds
1.1.4. Diseases caused by chromium or its toxic compounds
1.1.5. Diseases caused by manganese or its toxic compounds
1.1.6. Diseases caused by arsenic or its toxic compounds
1.1.7. Diseases caused by mercury or its toxic compounds
1.1.8. Diseases caused by lead or its toxic compounds
1.1.9. Diseases caused by fluorine or its toxic compounds
1.1.10. Diseases caused by carbon disulphide
1.1.11. Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons
1.1.12. Diseases caused by benzene or its toxic homologues
1.1.13. Diseases caused by toxic nitro- and amino-derivatives of benzene or its homologues
1.1.14. Diseases caused by nitroglycerine or other nitric acid esters
1.1.15. Diseases caused by alcohols, glycols or ketones
1.1.16. Diseases caused by asphyxiants: carbon monoxide, hydrogen cyanide or its toxic derivatives, hydrogen sulphide
1.1.17. Diseases caused by acrylonitrile
1.1.18. Diseases caused by oxides of nitrogen
1.1.19. Diseases caused by vanadium or its toxic compounds
1.1.20. Diseases caused by antimony or its toxic compounds
1.1.21. Diseases caused by hexane
1.1.22. Diseases of teeth due to mineral acids
1.1.23. Diseases due to pharmaceutical agents
1.1.24. Diseases due to thallium or its compounds
1.1.25. Diseases due to osmium or its compounds
1.1.26. Diseases due to selenium or its compounds
1.1.27. Diseases due to copper or its compounds
1.1.28. Diseases due to tin or its compounds
1.1.29. Diseases due to zinc or its compounds
1.1.30. Diseases due to ozone, phosgene
1.1.31. Diseases due to irritants: benzoquinone and other corneal irritants
1.1.32. Diseases caused by any other chemical agents not mentioned in the preceding items 1.1.1 to 1.1.31, where a link between the exposure of a worker to these chemical agents and the diseases suffered is established

1.2. Diseases caused by physical agents

1.2.1. Hearing impairment caused by noise
1.2.2. Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves)
1.2.3. Diseases caused by work in compressed air
1.2.4. Diseases caused by ionizing radiations
1.2.5. Diseases caused by heat radiation
1.2.6. Diseases caused by ultraviolet radiation
1.2.7. Diseases due to extreme temperature (e.g. sunstroke, frostbite)
1.2.8. Diseases caused by any other physical agents not mentioned in the preceding items 1.2.1 to 1.2.7, where a direct link between the exposure of a worker to these physical agents and the diseases suffered is established

1.3. Biological agents

1.3.1. Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination

2. Diseases by target organ systems

2.1. Occupational respiratory diseases

2.1.1. Pneumoconioses caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicotuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death
2.1.2. Bronchopulmonary diseases caused by hard-metal dust
2.1.3. Bronchopulmonary diseases caused by cotton, flax, hemp or sisal dust (byssinosis)
2.1.4. Occupational asthma caused by recognized sensitizing agents or irritants inherent to the work process
2.1.5. Extrinsic allergic alveolitis caused by the inhalation of organic dusts as prescribed by national legislation
2.1.6. Siderosis
2.1.7. Chronic obstructive pulmonary diseases
2.1.8. Diseases of lung due to aluminium
2.1.9. Upper airways disorders caused by recognized sensitizing agents or irritants inherent to the work process
2.1.10. Any other respiratory disease not mentioned in the preceding items 2.1.1 to 2.1.9, caused by an agent where a direct link between the exposure of a worker to this agent and the disease suffered is established

2.2. Occupational skin diseases

2.2.1. Skin diseases caused by physical, chemical or biological agents not included under other items
2.2.2. Occupational vitiligo

2.3. Occupational musculo-skeletal disorders

2.3.1. Musculo-skeletal diseases caused by specific work activities or work ­environment where particular risk factors are present

Examples of such activities or environment include:

1. rapid or repetitive motion

Local or environmental cold may potentiate risk

3. Occupational cancer

3.1. Cancer caused by the following agents

3.1.1. asbestos
3.1.2. Benzidine and salts
3.1.3. Bis chloromethyl ether (BCME)
3.1.4. Chromium and chromium compounds
3.1.5. Coal tars and coal tar pitches; soot
3.1.6. Betanaphthylamine
3.1.7. Vinyl chloride
3.1.8. Benzene or its toxic homologues
3.1.9. Toxic nitro- and amino-derivatives of benzene or its homologues
3.1.10. Ionizing radiations
3.1.11. Tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances
3.1.12. Coke oven emissions
3.1.13. Compounds of nickel
3.1.14. Dust from wood
3.1.15. Cancer caused by any other agents not mentioned in the preceding items 3.1.1 to 3.1.14, where a direct link between the exposure of a worker to this agent and the cancer suffered is established

4. Others

4.1. Miners’ nystagmus