Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

With reference to its observation, the Committee notes the information from the technical committee responsible for preparing the necessary replies to the comments of the Committee of Experts, forwarded by the Government in May 2000. It notes in particular the information concerning the application of Article 7, paragraph 1, of the Convention, which was the subject of its previous comments. With regard to the other matters that it has been raising for several years, the Committee hopes that full particulars will be provided by the Government for examination at its next session, and particularly on the following points.

Article 8 of the Convention. In its previous comments, the Committee noted that the list of occupational diseases contained in Schedule A to the Regulations 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 of Schedule 1 of the Convention, which also covers disease provided that silicosis is an essential factor in causing the resulting incapacity or death; (b) item 17 of the national Schedule covers diseases and pathological symptoms provoked by radium, radioactive substances or x-rays, whereas item 13 of the Schedule to the Convention is drawn up in general terms and covers diseases caused by ionizing radiations of whatever form; and (c) item 20 of the national Schedule regarding anthrax infection does not refer among the activities involving exposure to the risk to the loading and unloading or transport of merchandise which may have been contaminated by animals or animal carcasses infected by anthrax, contrary to the right-hand column of item 15 of the Schedule to the Convention. In its reply in 1992, the Government stated that both the above diseases and types of work are covered by the national legislation. The Committee therefore once again hopes that the Government will take measures to supplement, in accordance with the Convention, the Schedule of occupational diseases contained in Annex A to the Regulations on Social Security Pensions of 1981 with provisions explicitly mentioning all the diseases and activities referred to above.

Article 10. The Committee recalls the Government’s statement in 1992 that 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.

Articles 13, 14 and 18 (in relation with Articles 19 or 20). 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 comparing of the level of the periodical benefit payments prescribed under national legislation with the level established by the Convention.

Article 21. The Committee notes with regret that the Government’s report still does not contain statistical information on the review of current periodical payments for long-term benefits resulting from substantial changes in the cost of living or in wage levels, as envisaged in sections 28 and 34 of the Social Security Act (No. 13 of 1980). It once again trusts that the Government will make every effort to include such data in its next report in the manner required by the report form adopted by the Governing Body.

Article 22(e). With reference to its previous comments, the Committee regrets to note that the replies and examples furnished by the above technical committee merely reproduce the information previously provided in 1992. It recalls that sections 38(5), 39(1)(b) and (c), 40 and 59 of the Regulations on Social Security Pensions of 1981 are worded so as to allow the suspension of employment injury benefit in cases where the injury is caused by the wilful conduct of the person concerned, which is fully in conformity with this provision of the Convention, or in the event of serious misconduct of the person concerned, which is not authorized by the Convention unless the misconduct is wilful. The Committee therefore trusts that the Government will not fail to amend, at the appropriate time, the above sections of the Regulations or to further specify their content in any other manner that accords with national practice, so as to ensure that the suspension of employment injury benefit is only authorized where the employment injury has been caused by the misconduct of the person concerned which is both serious and wilful.

[The Government is asked to report in detail in 2003.]