Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided by the Government in its report and in particular with respect to the modifications made to the schedule of occupational diseases by the incorporation as of 1 January 2003 of all the occupational diseases prescribed in the United Kingdom. It would be grateful if the Government would provide complementary information on the following points.

Pathological manifestations due to radium and other radioactive substances and to X-rays. With regard to pathological manifestations due to radium and other radioactive substances and to X-rays, the Committee notes that the list of occupational diseases mentions under items A1 and A2 only a number of disorders caused by electromagnetic radiation, whereas the Schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays thus avoiding a restrictive enumeration of certain diseases. Referring to its 2006 direct request concerning the application of the Convention in the United Kingdom, the Committee invites the Government to consider revising the list of occupational diseases so as to establish the occupational nature of all pathological manifestations due to radium and other radioactive substances and to X-rays.

Poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. The Committee notes that the new schedule of occupational diseases covers under items C10 and C26 to C28 only certain halogen derivatives of hydrocarbons of the aliphatic series (for example, tetrachlorethane), whereas the Convention was drafted in general terms so as to cover poisoning by all halogen derivatives of hydrocarbons of the aliphatic series. Furthermore, the Committee notes that the new schedule gives, under the abovementioned items, a restrictive enumeration of diseases caused by the substances mentioned, whereas the Convention covers all pathological manifestations due to poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. With reference to its comments concerning the application of the Convention in the United Kingdom, the Committee wishes to 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 its Schedule whenever they affect workers engaged in the trades, industries or processes listed in the same schedule. By restrictively listing only certain symptoms and pathological manifestations, the legislation introduces a more limited system of coverage than the one provided for in the Convention which aims at ensuring 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 might thereby deprive certain workers of the presumption of the occupational origin of the disease. Consequently, the Committee invites the Government to consider completing the list of prescribed occupational diseases so as to cover all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series.

Primary epitheliomatous cancer of the skin. The Committee notes that while item C21 of the list of occupational diseases covers skin cancer, it includes only squamous-cell carcinoma of the skin due to the use or handling of, or exposure to, arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product or residue of any of these substances, except quinine or hydroquinone. It wishes to recall in this respect that the table of occupational diseases established by Convention No. 42 is not limited to squamous-cell carcinoma of the skin but covers also other types of epitheliomatous cancer of the skin.

The Committee would also be grateful if the Government would provide further information on whether the word “poisoning” in items C1, C5, C7, C8 of the Schedule of occupational diseases also covers the sequelae caused by the relevant toxic substances.

The Committee also takes this opportunity to observe that Convention No. 42 has been applicable to the territory of the United Kingdom Guernsey since 1938 and draw the Government’s attention to the decision of the Governing Body to invite all the countries parties to Convention No. 42 to contemplate ratifying the Employment Injury Benefits Convention, 1964 (No. 121) (Schedule I amended in 1980), the ratification of which would ipso jure involve the immediate denunciation of Convention No. 42. It would therefore be grateful if the Government would supply information in this respect with its next report.