Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that the new schedules of occupational diseases are established by the Interministerial Order of 5 May 1996 fixing the list of diseases presumed to be of occupational origin (Official Journal No. 16 of 23 March 1997). The Government states in this connection that the 84 schedules set forth in the abovementioned Order were so drafted as to be consistent with Convention No. 42 and after consultation of the Occupational Diseases Commission. It adds that the Committee’s comments will be brought to the attention of this commission with a view to the updating of the schedule.

While taking due note of this information, the Committee can but observe that despite the comments it has been making for many years, the Government did not seize the opportunity offered by the adoption of the abovementioned Order of 1996 to bring its legislation fully into line with the Convention. It nevertheless hopes that the Occupational Diseases Commission will be in a position to consider the matter promptly and that the Government will indicate in its next report the measures that have been taken to amend the schedules to take account of the points below:

(i)    the lists of the various pathological manifestations related to toxic substances enumerated by the Convention (appearing in the left-hand column of the various schedules) must be of an indicative nature;

(ii)   the wording of the items pertaining to poisoning by arsenic (schedules Nos 20 and 21), manifestations caused by the halogen derivatives of hydrocarbons of the aliphatic series (schedules Nos 3, 11, 12, 26 and 27), and poisoning by phosphorous and certain of its compounds (schedules Nos 5 and 34) must, pursuant to the Convention, which is worded in general terms on these points, cover all the manifestations that may be caused by the above substances;

(iii)  the list of activities in which there is a risk of exposure to anthrax infection (schedule No. 18) must include the “loading, unloading or transport of merchandise” in general.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the new schedules of occupational diseases are established by the Interministerial Order of 5 May 1996 fixing the list of diseases presumed to be of occupational origin (Official Journal No. 16 of 23 March 1997). The Government states in this connection that the 84 schedules set forth in the abovementioned Order were so drafted as to be consistent with Convention No. 42 and after consultation of the Occupational Diseases Commission. It adds that the Committee’s comments will be brought to the attention of this commission with a view to the updating of the schedule.

While taking due note of this information, the Committee can but observe that despite the comments it has been making for many years, the Government did not seize the opportunity offered by the adoption of the abovementioned Order of 1996 to bring its legislation fully into line with the Convention. It nevertheless hopes that the Occupational Diseases Commission will be in a position to consider the matter promptly and that the Government will indicate in its next report the measures that have been taken to amend the schedules to take account of the points below:

(i)    the lists of the various pathological manifestations related to toxic substances enumerated by the Convention (appearing in the left-hand column of the various schedules) must be of an indicative nature;

(ii)   the wording of the items pertaining to poisoning by arsenic (schedules Nos 20 and 21), manifestations caused by the halogen derivatives of hydrocarbons of the aliphatic series (schedules nos 3, 11, 12, 26 and 27), and poisoning by phosphorous and certain of its compounds (schedules Nos 5 and 34) must, pursuant to the Convention, which is worded in general terms on these points, cover all the manifestations that may be caused by the above substances;

(iii) the list of activities in which there is a risk of exposure to anthrax infection (schedule No. 18) must include the “loading, unloading or transport of merchandise” in general.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the report sent by the Government does not contain any replies to the points raised in its previous comments. Furthermore, the Committee regrets that the new schedules of occupational diseases established by the Interministerial Order of 5 May 1996 fixing the list of diseases presumed to be of occupational origin (Journal Officiel No. 16 of 23 March 1997) do not seem to take into consideration the comments which the Committee has been making for many years with a view to bringing national legislation fully into line with the Convention. The Committee therefore asks the Government, once again, to indicate in its next report the steps that it envisages taking to amend these schedules with regard to the following points:

(a)   the list of the various pathological manifestations (appearing in the left-hand column of the various schedules) must be of an indicative nature;

(b)   the wording of the items concerning poisoning by arsenic (Schedules Nos 20 and 21), manifestations caused by the halogen derivatives of hydrocarbons of the aliphatic series (Schedules Nos 3, 11, 12, 26 and 27) and poisoning by phosphorus and certain of its compounds (Schedules Nos 5 and 34) must, in pursuance of the Convention, which is worded in general terms on these points, cover all manifestations that may be caused by the above substances;

(c)   the list of activities in which there is a risk of exposure to anthrax infection (Schedule No. 18) must include the “loading and unloading or transport of merchandise” in general.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In reply to the Committee’s previous comments, the Government indicates that a new schedule of occupational diseases has been determined by the Ministerial Order of 5 May 1996. It states in this respect that the list has been broadened, with the number of schedules of occupational diseases increasing from 62 to 83, and that the inter-ministerial commission entrusted with proposing the text of the list has endeavoured to take into account the comments made by the Committee of Experts.

The Committee notes this information with interest. In view of the fact that the Government has not transmitted a copy of the above Order, the Committee would be grateful if it would provide one as soon as possible. In this respect, it hopes that the new schedule of occupational diseases takes into account its previous comments concerning the schedules of occupational diseases annexed to the Order of 22 March 1968, as amended, which raised the following points:

(a)  the list of the various pathological manifestations appearing under each "disease" in the left-hand column of the schedules should be of an indicative nature;

(b)  the wording of the items concerning poisoning by arsenic (Schedules Nos. 20 and 21), manifestations caused by the halogen derivatives of hydrocarbons of the aliphatic series (Schedules Nos. 3, 11, 12, 26 and 27), poisoning by phosphorus and certain of its compounds (Schedules Nos. 5 and 34) should be replaced by wording covering in general terms all manifestations that may be caused by the above substances, in accordance with the Convention, which is worded in general terms on these points; and

(c)  the activities in which there is a risk of exposure to anthrax infection (Schedule No. 18) should include the "loading and unloading or transport of merchandise" in general.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government's statement to the effect that the text respecting the new schedules of occupational diseases prepared by the inter-ministerial technical committee taking into account the matters raised by the Committee of Experts, is currently undergoing the process of promulgation, and that it will be transmitted to the Office when it has been published. The Committee therefore once again hopes that the implementing texts of Act No. 83-13 of 5 July 1983 will be adopted in the near future and that the new schedule of occupational diseases will take into account the matters raised previously respecting the schedules annexed to the Order of 22 March 1968, as amended, namely:

(a) the list of the various pathological manifestations appearing under each "disease" in the left-handed column of the schedules in the national legislation should be of an indicative nature, as is the list of corresponding activities in the right-hand column of these schedules;

(b) the wording of the items concerning poisoning by arsenic (schedules Nos. 20 and 21), manifestations due to the halogen derivatives of hydrocarbons of the aliphatic series (schedules Nos. 3, 11, 12, 26 and 27), poisoning by phosphorus and certain of its compounds (schedules Nos. 5 and 34) should be replaced by wording covering in general terms - like that of the Convention - all manifestations that may be caused by the above substances (wording of this kind would make it possible also to cover diseases that might be caused by the utilization of new products, as the Government pointed out earlier); and

(c) the activities that may cause anthrax infection (schedule No. 18) should include the loading and unloading or transport of merchandise in general, so as to cover workers (such as dockers) who may unknowingly have transported merchandise contaminated by the anthrax spore.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that the interministerial technical committee set up to examine existing schedules of occupational diseases and to modify and update them as necessary, taking into account the points raised by the Committee of Experts, has completed its work. It also notes that the schedules will be forwarded to the Office as soon as they are published. The Committee therefore hopes that the implementing texts of Act No. 83-13 of 5 July 1983 will shortly be adopted and that the new schedule of occupational diseases will accordingly take account of the points raised concerning the schedules annexed to the Order of 22 March 1968 as amended, namely: (a) the list of the various pathological manifestations appearing under each "disease" in the left-hand column of the schedules in the national legislation should be of an indicative nature, as is the list of corresponding activities in the right-hand column of these schedules; (b) the wording of the items concerning poisoning by arsenic (schedules Nos. 20 and 21), manifestations due to the halogen derivatives of hydrocarbons of the aliphatic series (schedules Nos. 3, 11, 12, 26 and 27), poisoning by phosphorus and certain of its compounds (schedules Nos. 5 and 34) should be replaced by wording covering in general terms - like that of the Convention - all manifestations that may be caused by the above substances (wording of this kind would make it possible also to cover diseases that might be caused by the utilisation of new products, as the Government pointed out earlier); (c) the activities that may cause anthrax infection (schedule No. 18) should include the loading and unloading or transport of merchandise in general, so as to cover workers (such as dockers) who may unwittingly have transported merchandise contaminated by the anthrax spore.

END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. With reference to its previous comments, the Committee notes with interest the Government's statement that the interministerial technical committee set up to examine existing schedules of occupational diseases and to modify and update them as necessary, taking into account the points raised by the Committee of Experts, has completed its work. It also notes that the schedules will be forwarded to the Office as soon as they are published. The Committee therefore hopes that the implementing texts of Act No. 83-13 of 5 July 1983 will shortly be adopted and that the new schedule of occupational diseases will accordingly take account of the points raised concerning the schedules annexed to the Order of 22 March 1968 as amended, namely:

(a) the list of the various pathological manifestations appearing under each "disease" in the left-hand column of the schedules in the national legislation should be of an indicative nature, as is the list of corresponding activities in the right-hand column of these schedules;

(b) the wording of the items concerning poisoning by arsenic (schedules Nos. 20 and 21), manifestations due to the halogen derivatives of hydrocarbons of the aliphatic series (schedules Nos. 3, 11, 12, 26 and 27), poisoning by phosphorus and certain of its compounds (schedules Nos. 5 and 34) should be replaced by wording covering in general terms - like that of the Convention - all manifestations that may be caused by the above substances (wording of this kind would make it possible also to cover diseases that might be caused by the utilisation of new products, as the Government pointed out earlier);

(c) the activities that may cause anthrax infection (schedule No. 18) should include the loading and unloading or transport of merchandise in general, so as to cover workers (such as dockers) who may unwittingly have transported merchandise contaminated by the anthrax spore.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 2 of the Convention. The Committee notes the information supplied by the Government in its report. It regrets to note that no progress has been achieved in bringing the schedules of occupational diseases annexed to the Order of 22 March 1968, as amended, into conformity with the Schedule set out in the Convention. The Committee notes, however, that a technical committee, which includes, in particular, representatives of the Ministry of Social Affairs, the Ministry of Health and the UGTA, is set to examine the existing schedules of occupational diseases and to modify and update them as necessary, taking into account the points raised by the Committee of Experts. The Committee is therefore bound once again to hope that the work of the above technical committee will soon result in the adoption of texts under Act No. 83-13 of 5 July 1983 and that the new schedule of occupational diseases will take into account its previous comments concerning the schedules annexed to the Order of 22 March 1968, as amended, namely:

(a) the list of the various pathological manifestations appearing under each "disease" in the left-hand column of the schedules in the national legislation should be of an indicative nature, as is the list of corresponding activities in the right-hand column of these schedules;

(b) the wording of the items concerning poisoning by arsenic (schedules nos. 20 and 21), manifestations due to the halogen derivatives of hydrocarbons of the aliphatic series (schedules nos. 3, 11, 12, 26 and 27), and poisoning by phosphorus and certain of its compounds (schedules nos. 5 and 34) should be replaced by a wording covering in general terms - like that of the Convention - all manifestations that may be caused by the above substances (a wording of this kind would make it possible also to cover diseases that might be caused by the utilisation of new products, as the Government pointed out earlier);

(c) the activities that may cause anthrax infection (schedule no. 18) should include the loading and unloading or transport of merchandise in general, so as to cover workers, such as dockers, who may unwittingly have transported merchandise contaminated by the anthrax spore.

[The Government is asked to report in detail for the period ending 30 June 1990.]