CMNT_TITLE

Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Tunisia (RATIFICATION: 1959)

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Article 2 of the Convention. List of occupational diseases. In its previous comments, the Committee observed that the schedule of occupational diseases established under Act No. 94-28 of 21 February 1994, as revised in 1999, 2003 and 2007, contains a restrictive list of the pathological factors associated with toxic substances such as lead and mercury, whereas the Convention is intentionally drafted in general terms so as to cover all possible pathological factors due to poisoning by the said substances, including any that might be atypical or new. The Committee requested the Government to send a copy of the newly revised list of occupational diseases together with information regarding the procedure for recognizing the occupational origin of a disease that is not included in the schedule of occupational diseases.

The Committee notes that, in its last report, the Government states that, despite prior indications that the newly revised list of occupational diseases should have been published in 2011, the process of revising the said list is still not completed. It also notes the Government’s indication that, in accordance with sections 3(3) and 87 of Act No. 94-28 of 1994, all occupational diseases are covered by the legislation concerning occupational accidents and diseases and medical doctors are obliged to report cases of any kind of occupational diseases, not only the ones on the list. However, as the Government indicates, the recognition of occupational diseases, which are not on the list, by the National Health Insurance Fund (CNAM) is impossible. The Government states that workers, who are affected by such diseases, therefore have to enforce their rights to employment injury benefits through the judicial process. The Committee requests the Government to provide statistical information on the number of workers poisoned by the substances listed in the Schedule to the Convention, who contracted occupational diseases not mentioned in the list, and who successfully filed a lawsuit to enforce their rights to employment injury benefits. Furthermore, the Committee requests the Government to indicate the reasons, for which the adoption of the new list of occupational diseases has been hampered during the past five years and indicate whether a new timeframe has been established with a view to its adoption. Should the list be amended, the Committee requests the Government to enlarge its scope to cover all possible pathological factors connected with lead or mercury poisoning and anthrax infection, including in any forms that might be atypical or new. Alternatively, the Committee encourages the Government to facilitate the ways of recognition of occupational diseases, which are not on the list, including by establishing a procedure of recognition of such diseases by the CNAM.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.