Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8 of the Convention. In its previous comments, the Committee noted certain discrepancies between the list of occupational diseases established by Decree No. 9364 bis of 14 November 1958 (modified by Decree No. 5199 of 18 April 1960), and the provisions of the Convention.

(a) In the national legislation the list of diseases gives a restrictive enumeration of the pathological manifestations which may be caused by the substances mentioned in the Convention, whereas the schedule to the Convention is drafted in general terms so as to cover all such manifestations that may result from the diseases mentioned;

(b) the list of occupational diseases in the national legislation does not provide for general coverage of all substances, exposure to which is likely to cause these diseases, in particular: (i) phosphorus or its toxic compounds: the national legislation mentions only white phosphorus and sesquisulphur of phosphorus (items 5 and 7); (ii) manganese or its toxic compounds: the national legislation mentions only bioxide of manganese (item 38); (iii) arsenic and its toxic compounds: the national legislation covers only the oxygen and sulphur compounds and arsine (items 20 and 21); (iv) toxic halogen derivatives of aliphatic hydrocarbons: unlike the Convention which is drafted in general terms and covers all toxic halogen derivatives of these substances, the national legislation enumerates only some of them (items 3, 9, 11, 12, 26, 27 and 33); and (v) primary epitheliomatous cancer of the skin: the national legislation refers only to epitheliomatous cancers caused by pitch (item 16).

In its report, the Government states that it will take all necessary steps to comply with the Committee's comments. It adds that the competent departments of the Ministry of Labour are currently working on a table of occupational diseases which will take account of the requirements of international standards for the protection of workers and the Committee's comments. The Committee takes due note of this information. It hopes, therefore, that a new list of occupational diseases taking account of the above-mentioned observations will be adopted in the near future, to ensure that full effect is given to the Convention.