Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Türkiye (Ratification: 1946)

The Committee notes the Government's statement in its report to the effect that, in accordance with the Regulation of 3 July 1985, for a disease to be considered an occupational disease, the insured person must have worked in a particular job for a period of at least three years, although the Supreme Medical Board may accept such a disease as being an occupational disease before the expiry of this prescribed period. The Committee recalls in this respect that the emergence of an occupational disease is not only linked to the period of exposure to the risk in question, but also to the nature of the risk, the type of disease and the level of exposure. It therefore considers that a minimum period of exposure may be considered admissible under the terms of the Convention provided that it is determined as a function of each type of disease in the light of current scientific knowledge, and not in a general manner, and provided that the levels of exposure to which the worker has been subjected are lower than the exposure limits that are generally accepted or determined by national legislation. Indeed, the determination of a minimum period of exposure in general for all diseases without taking into account the level of exposure is liable to deprive workers of their right to compensation when they are engaged in processes involving a high level of risk or in enterprises in which the preventive or protective measures are inadequate. The Committee therefore hopes that the Government will be able to re-examine the question and replace the requirement to have worked in a particular job for a period of three years by the specification of minimum periods of exposure to the risk which are determined for each type of disease, in accordance with current technical knowledge and taking due account of the above comments. For example, the Committee considers that the determination of a minimum exposure period is not justified in the case of anthrax infection, which can be contracted through a single contact with infected or contaminated animal carcasses, parts of carcasses or merchandise.