Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (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.