Repetition

Article 2, in conjunction with the Schedule appended to the Convention. (a) List of occupational diseases. For many years, the Committee has been requesting the Government to include the “loading and unloading or transport of merchandise” among the occupations likely to cause anthrax infection in the list of occupational diseases set out by the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952). The Committee notes the reply provided by the Government in its report that it takes note of the issue and that the list of occupational diseases will be expanded to cover “loading and unloading or transport of merchandise” as the occupation that is likely to cause anthrax infection. The Committee firmly hopes that the Government will take the necessary measures, without further delay, to bring the Second Schedule of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention and requests the Government to provide information on the measures taken to such effect.

(b) Recognition of occupational diseases. In the comments it has been addressing to the Government since 2011, the Committee noted that according to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee observed that the imposition of the time limit of 12 months is contrary to the Convention and requested the Government to abolish it. In its reply, the Government indicates that it takes note of the issue and that it will make submission to review it. The Committee firmly hopes that the Government will bring, without further delay, section 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention by abolishing the time limit of 12 months for the presumption of occupational origin to apply and by ensuring, through appropriate means, that diseases and poisonings produced by the substances set forth in the Schedule to the Convention, when they affect workers engaged in the trades, industries or processes placed opposite in the said Schedule, are considered as occupational diseases. The Committee further requests the Government to provide information on the measures taken to such effect.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 42 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

Repetition

The Committee notes that the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952), as amended up to 1982, a copy of which was attached to the report, lists a number of diseases in the left-hand column of the Schedule that are presumed to be of occupational origin when workers have been working in a number of corresponding occupations listed in the right-hand column. The Committee wishes to draw the attention of the Government to the fact that, among the occupations likely to cause anthrax infection, only work in contact with animals infected with anthrax and the handling of animal carcasses or parts thereof is listed, whereas the Convention also covers the loading and unloading or transport of merchandise. The Committee hopes that this addition will be made in the near future so as to bring the Second Schedule of the Workmen’s Compensation Act into complete conformity with the Convention on this point.

According to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee is bound to observe that imposing a time limit of 12 months would mean that the occupational nature of the disease would only be recognized if it occurs in the 12 months following employment in the occupation concerned and denied afterwards, contrary to the Convention. The Committee asks the Government to abolish the time limit of 12 months so as to bring article 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention.

Repetition

The Committee notes that the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952), as amended up to 1982, a copy of which was attached to the report, lists a number of diseases in the left-hand column of the Schedule that are presumed to be of occupational origin when workers have been working in a number of corresponding occupations listed in the right-hand column. The Committee wishes to draw the attention of the Government to the fact that, among the occupations likely to cause anthrax infection, only work in contact with animals infected with anthrax and the handling of animal carcasses or parts thereof is listed, whereas the Convention also covers the loading and unloading or transport of merchandise. The Committee hopes that this addition will be made in the near future so as to bring the Second Schedule of the Workmen’s Compensation Act into complete conformity with the Convention on this point.

According to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee is bound to observe that imposing a time limit of 12 months would mean that the occupational nature of the disease would only be recognized if it occurs in the 12 months following employment in the occupation concerned and denied afterwards, contrary to the Convention. The Committee asks the Government to abolish the time limit of 12 months so as to bring article 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention.

Repetition

The Committee notes that the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952), as amended up to 1982, a copy of which was attached to the report, lists a number of diseases in the left-hand column of the Schedule that are presumed to be of occupational origin when workers have been working in a number of corresponding occupations listed in the right-hand column. The Committee wishes to draw the attention of the Government to the fact that, among the occupations likely to cause anthrax infection, only work in contact with animals infected with anthrax and the handling of animal carcasses or parts thereof is listed, whereas the Convention also covers the loading and unloading or transport of merchandise. The Committee hopes that this addition will be made in the near future so as to bring the Second Schedule of the Workmen’s Compensation Act into complete conformity with the Convention on this point.

According to section 11(6)(a) of the Workmen’s Compensation Act, the diseases resulting from working in the corresponding occupations in the Second Schedule shall only be presumed to be of occupational origin if the person was employed in this occupation within a period of 12 months immediately preceding the incapacity or death. The Committee is bound to observe that imposing a time limit of 12 months would mean that the occupational nature of the disease would only be recognized if it occurs in the 12 months following employment in the occupation concerned and denied afterwards, contrary to the Convention. The Committee asks the Government to abolish the time limit of 12 months so as to bring article 11(6)(a) of the Workmen’s Compensation Act into full conformity with Article 2 of the Convention.