Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

In the comments it has been making for many years, the Committee has expressed the hope that the list of occupational diseases in the national legislation will be supplemented so as to conform to the Convention with regard to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series, disorders due to ionising radiation and anthrax infection. In this connection, the Committee notes that the new list of prescribed diseases in schedule 1 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (No. 967), as amended, does not contain the necessary modifications to ensure that full effect is given to the Convention. It must therefore draw the Government's attention to the following points:

(a) In reply to the Committee's previous comment that in the list of occupational diseases a number of disorders caused by electromagnetic radiation or ionising particles were enumerated restrictively, whereas the schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays, the Government states that the Industrial Injuries Advisory Council concluded, in December 1986, that there was insufficient evidence of the need to add any further cancers caused by ionising radiation to the prescribed list. While noting this information, the Committee must point out that the Convention is deliberately worded in very general terms so as to cover all the pathological manifestations caused by the substances or agents listed in the schedule to the Convention when they affect workers engaged in the trades, industries or processes listed in the same schedule. By listing certain symptoms and pathological manifestations restrictively the legislation introduces a more limited system of coverage than the one provided for in the Convention which is drawn up in such a way 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, as it deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease. The Committee also recalls that the item concerning disorders due to ionising radiations in the list of prescribed diseases remains unchanged in relation to the 1959 list and does not appear to permit the compensation as occupational diseases of certain pathological manifestations such as, as was already pointed out in 1971, bronchogenic carcinoma of miners of radioactive ores or workers exposed to radon, lesions of the eye other than cataract, such as iritis and keratitis due to ionising radiation, or lesions of internal organs (in particular the thyroid) due to the action of radio-isotopes.

(b) The Government indicates in its report that four diseases caused by the halogen derivatives of hydrocarbons of the aliphatic series have been added to the above list of diseases (items Nos. C.26, C.27, C.28, C.29). While noting this information with interest, the Committee observes that, despite this addition, the list of occupational diseases still covers only certain halogen derivatives of hydrocarbons of the aliphatic series whereas the Convention is drafted in general terms so as to cover poisoning by all the halogen derivatives of hydrocarbons of the aliphatic series. Furthermore, the new items - C.26 to C.29 - added to the list of occupational diseases in 1988 give a restrictive enumeration of the diseases caused by the substances mentioned, unlike the Convention (see point (a) above).

(c) With regard to anthrax infection, the Government states that the Industrial Injuries Advisory Council does not consider that the present wording of the activities that may cause this infection, i.e.: "contact with animals infected with anthrax or the handling (including the loading, unloading or transport) of animal products or residue" is inadequate. The Committee can only stress once again that, by including also the "loading, unloading or transport of merchandise", the Convention aims to establish the presumption of occupational origin of the disease to the benefit of workers engaged in these activities, so as to protect workers who have to handle merchandise of such a varied nature that it would be difficult, if not impossible, to prove that the merchandise handled has been in contact with infected animals or parts of animals.

The Committee none the less notes the Government's statement that the Industrial Injuries Advisory Council continues to keep the principles of Convention No. 42 at the forefront of its mind. It therefore hopes that the Government will be able to re-examine the matter in the light of its comments and will be able to take the necessary measures to supplement, in accordance with the Convention, the national list of occupational diseases in respect of the above-mentioned points. It asks the Government to provide detailed information on progress made in this respect.