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Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Honduras (Ratification: 1964)

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The Committee notes the observations of the Honduran National Business Council (COHEP), received in 2017, and the Government’s reply to these observations.
Article 1 of the Convention. Notification of occupational diseases. The Committee recalls that for many years it has drawn the Government’s attention to the operational difficulties of the system for the notification of occupational diseases. The Committee notes that, in its report, the Government indicates that the regular session of the National Workers’ Health Commission of Honduras (CONASATH) was convened with a view to identifying health and safety needs of the workers in the country, with the participation of representatives from the General Confederation of Work, the Honduran Social Security Institute, the Honduran Council of Private Enterprises, the National Autonomous University of Honduras, the Ministry of Labour and Social Security and the Ministry of Health, addressing the issue of the notification of occupational diseases. The Committee notes that, at this meeting, it was agreed to request the technical assistance of the ILO. The Committee also notes that the Government sent a memorandum to the Subsecretary of State for Labour and Social Security in April 2017 on the need to reform the Labour Code in order to include an obligation to notify of occupational diseases. The Committee also notes the observations of the COHEP reporting that no progress has been made with regard to the obligation to notify of occupational diseases. The Committee requests the Government to make every effort to establish without further delay an effective system of notification of occupational diseases, and once again requests the Government to keep it informed of any developments with a view to ensuring for all victims of occupational diseases or their dependants compensation that is in line with and gives full effect to Article 1 of the Convention.
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 to accept the obligations in Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect a more modern approach to occupational accidents and diseases. 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 accepting the obligations in Part VI of Convention No. 102, as the most up-to-date instruments in this subject area.
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