Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1936)

Referring to its observation, the Committee wishes to draw the Government’s attention to the following points.

1.  In its previous comments, the Committee noted that the list of occupational diseases mentions only a number of disorders caused by electromagnetic or ionizing radiation, whereas the schedule to the Convention covers all pathological manifestations due to radium and other radioactive substances and to X-rays. In this regard, it notes with interest from the information supplied by the Government that the authorities have agreed to add leukaemia (other than chronic lymphatic leukaemia) and certain cancers to the list of occupational diseases than can be caused by electromagnetic radiation or ionizing particles. The Government considers, following the Industrial Injuries Advisory Council’s (IIAC) advice, that there is not sufficient scientific evidence to add other diseases to the abovementioned list. In these circumstances the Committee is bound once again to remind the Government that by listing certain symptoms and pathological manifestations restrictively the legislation introduces a more limited system of coverage than the one provided by the Convention which is drafted in general terms so 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. The legislation thus deprives the workers concerned of the benefit of the presumption of the occupational origin of the disease.

2.  In its previous comments, the Committee emphasized, first, that the list of occupational diseases covers only certain halogen derivatives of hydrocarbons of the aliphatic series, whereas the Convention was drafted in general terms to cover poisoning by all such substances and, secondly, that the items in the list (Nos. C.26 to C.29) give a restrictive enumeration of the diseases caused by these substances, contrary to the Convention. In reply, the Government indicates once again that the accident provisions of the Social Security (Contributions and Benefits) Act will adequately cover for poisoning by most of the other compounds. It adds that the IIAC is currently undertaking a review of the list of prescribed diseases with regard to exposure to chemicals and will take account of the concerns of the Committee in its consideration. The Committee notes this information. It trusts therefore that in the review process the Government will have no difficulty in supplementing the national list of prescribed occupational diseases so as to cover all diseases caused by any halogen derivatives of hydrocarbons of the aliphatic series, irrespective of whether they resulted from cases of acute or chronic poisoning.

3.  In reply to the Committee’s previous comments concerning anthrax infection, the Government indicates once again that the list of work liable to cause this infection is in conformity with the prescriptions of the Convention and that this infection is, moreover, extremely rare in the United Kingdom. The Committee believes that in these circumstances it will be easy for the Government to include the loading, unloading or transport of merchandise in general in the prescribed list of activities that may cause this infection, thus complying formally with the requirements of the Convention on this point, which aims to establish the presumption of the occupational origin of the disease to the benefit of 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.