Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

With reference to its observation, the Committee wishes to draw the Government’s attention to the following points.

1. In its previous comments, the Committee noted that the list of occupational diseases mentions only a number of disorders caused by electromagnetic or ionizing radiations, whereas the Schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays. In its report, the Government indicates in this respect that Schedule A1 of prescribed diseases was amended in 2000 and now includes significant exposure to electromagnetic radiations or to ionizing particles. While taking due note of this information, the Committee is bound to remind the Government once again that by listing certain symptoms and pathological manifestations restrictively, the legislation introduces a more limited system of coverage than the one envisaged by the Convention, which is drafted in general terms so as to ensure compensation for all disorders, even atypical or new ones, which might occur as the result of poisoning by or the action of an agent. The legislation in force thereby deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease.

2. The Committee further observes that the schedule of prescribed diseases does not cover certain halogen derivatives of hydrocarbons of the aliphatic series, whereas the Convention is drafted in general terms to cover poisoning by all such substances. In this respect, entries C.26 to C.29 of the schedule of prescribed diseases enumerate in a restrictive manner the diseases caused by the substances referred to, in contrast with the approach adopted by the Convention. The Committee therefore trusts that, in the context of the review process, the Government will have no difficulty in supplementing the national list of prescribed occupational diseases so as to include all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series, irrespective of whether they result from cases of acute or chronic poisoning.