Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Argentina (Ratification: 1950)

1. With reference to the comments it makes in its observation, the Committee notes the adoption of Decree No. 658/96 which contains a list of occupational diseases identifying the various risk-producing substances and listing for each of them the activities likely to involve exposure to them. It notes that for each risk-producing substance the left column of the list contains an enumeration, which is exhaustive, of the pathological symptoms resulting from exposure to these substances. In fact, under section 6(2) of the Act, diseases which are not included in the list of occupational diseases cannot give rise to compensation. The Committee recalls that, on this point, the Convention is worded in general terms and covers all occupational diseases as well as poisoning produced by the substances included in the table annexed to the Convention, when they occur in respect of workers employed in the trades, industries and processes mentioned. The Committee would be grateful if the Government would indicate the measures taken or envisaged to delete, in regard to the diseases set out in the table annexed to the Convention, any reference to the exhaustive nature of the enumeration of pathological symptoms such as results from the national list of occupational diseases.

2. Furthermore, on the question of certain special headings in the list, the Committee hopes that during the annual review of the list, pursuant to section 6(2) of the Act, the Government will take into account the following comments in order to ensure full application of the Convention.

(a) In the table relating to anthrax, the Committee notes that the list of activities which may give rise to exposure to the risk does not refer, as does the Convention, to "loading and unloading or transport of merchandise".

(b) The table relating to silicocis does not mention silicocis with pulmonary tuberculosis.

(c) Finally, in regard to primary epitheliomatous cancer of the skin, the Committee notes that exposure of at least ten years is required. Bearing in mind medical knowledge on the subject, such length of exposure seems particularly long in that skin cancers may appear after five years of exposure. The Committee requests the Government to re-examine the matter.

The Committee hopes that the Government's next report will contain information on the measures taken or envisaged in order to give full effect to the provisions of the Convention on the points mentioned.