Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Article 7, paragraph 1, of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that, under section 38(3) of the Regulations on Social Security Pensions, it is necessary in order for commuting accidents to be recognized as industrial accidents that there was no stopping, delay or deviation of the normal, habitual route. It therefore requested the Government to state whether this condition also applied to the insured person in the cases where the stoppage, delay or deviation from the route was involuntary. In its reply, the Government states that changes to the habitual route which are due to reasons beyond the will of the insured person do not constitute a personal fault. The Committee notes this statement with interest. It therefore hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary measures to supplement section 38(3) above by a provision explicitly providing that commuting accidents shall be considered as industrial accidents even in the event of stoppages, delays or deviations from the route if they are involuntary.

2. Article 8. In its previous comments, the Committee noted that the list of occupational diseases contained in schedule A of the Regulation on Social Security Pensions of 1981 was not in complete conformity with the Convention with regard to the following points: (a) item 19 in the national Schedule of Occupational Diseases regarding pulmonary diseases due to dust makes no reference, inter alia, to silico-tuberculosis, contrary to the provisions of item 1 in Schedule 1 of the Convention, which also covers this disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national list covers disease and pathological symptoms provoked by radium, radioactive substances or X-rays, whereas item 13 of the Schedule of the Convention is drawn up in a general way and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national list regarding anthrax infection does not refer, among the activities involving exposure to the risks, to the loading and unloading or transport of merchandise which have been contaminated by animals or animal carcasses infected with anthrax, contrary to the right-hand column of item 15 of the Schedule of the Convention. In its reply, the Government states that both the above diseases and types of work are covered by the national legislation. The Committee notes this statement. It therefore hopes that the Government will have no difficulty in supplementing, in accordance with the Convention, the list of occupational diseases contained in Annex A of the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

3. Article 10. With reference to its previous comments, the Committee notes with interest the information supplied by the Government concerning the type of health care provided in accordance with paragraph 1 of this provision of the Convention. It requests the Government to supply the text of the legal provisions which are applicable.

Furthermore, the Committee notes from the report that, inter alia, prosthetic appliances are at the expense of the patient. In view of the fact that this provision of the Convention does not provide for the participation of insured persons in the cost of medical care, the Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to the Convention on this point.

4. Articles 13, 14 and 18 (in relation with Articles 19 or 20). (a) The Committee once again requests the Government to provide the statistics called for in the report form approved by the Governing Body under Titles I to V of Article 19 (including the wage of a skilled manual male employee determined in accordance with paragraph 6 of this Article) or under Titles I to V of Article 20 (including the wage of an ordinary adult male labourer determined in accordance with paragraph 4 of this Article), whichever of these Articles is used for the purpose of the comparison of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

(b) With reference to its previous comments, the Committee notes with interest that the minimum level of the full disability pension due to employment injury is guaranteed for all workers fulfilling the conditions laid down in section 17 of Act No. 13 of 1980, irrespective of the resources and nationality of the beneficiary.

5. Article 22(e). The Committee notes the information contained in the Government's report concerning the application of this provision of the Convention. It also notes the examples provided of the effect given in practice to section 39(b) and (c) of the Regulations on Social Security Pensions, which were provided by the Government. The Committee therefore hopes that the Government will have no difficulty in amending sections 39, 40 and 59 of the above Regulations, so as to provide for the suspension of benefits for employment injury only in cases where the injury has been caused by the serious and wilful misconduct of the person concerned.

6. The Committee once again requests the Government to supply the text of the Regulations prescribing short-term benefits for employees, issued under section 25 of the Social Security Act, No. 13 of 1980, and the decision of the People's General Committee respecting social security to determine the conditions under which an injury caused by exceptional strain or hard efforts due to work or service is considered to be an employment injury under section 41 of the 1981 Regulations on Social Security Pensions.