Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - French Polynesia

The Committee observes that it has drawn the Government’s attention for many years to the need to take certain measures in order to give effect to the Convention. It notes that the latest information from the Government shows that no progress has been made in the application of the Convention, either in law or in practice. Hence a system for the recording and reporting of occupational diseases has still to be established and, apart from the gaps in the legislation reiterated below, it appears that medical practitioners have little knowledge of cases which are likely to be recognized as being occupational in origin. In this respect, a medical inspector of labour is due to be recruited soon in order to conduct an information campaign for medical practitioners and occupational health physicians. In addition, the Social Welfare Fund is not bound by any deadline for investigating claims seeking the recognition of occupational diseases and appears to have recorded only five cases during the period covered by the last report. Finally, unlike metropolitan France, French Polynesia has no supplementary system for the recognition of occupational diseases enabling a disease which is not in the schedule to be recognized as such.

In these circumstances, the Committee is bound to draw the Government’s attention once again to the need to amend the schedules listing occupational diseases attached to Order No. 826/CM of 6 August 1990. It hopes that the Government will be in a position to describe in its next report the measures taken to ensure full conformity of the national legislation with the Convention on the following points: (a) the need for the pathological manifestations listed under each of the diseases included in the schedules of the national legislation to be indicative in nature; (b) the inclusion into these schedules of an item covering in general terms, as in the Convention, poisoning by all halogen derivatives of hydrocarbons of the aliphatic series and by all phosphorus compounds; and (c) the inclusion, among the trades likely to cause primary epitheliomatous cancer of the skin, of all processes involving the handling of products mentioned by the Convention. Please also supply any additional information with regard to the measures taken in the field of recording and recognizing occupational diseases in order to optimize the functioning of these procedures and enable requests for recognition lodged with the Social Welfare Fund to be examined promptly.